News / Local
Cinematographer sues ZBC
4 hrs ago | 76 Views
The High Court has referred to the Registrar a long-standing case in which cinematographer Dillian Prinsloo is suing the Zimbabwe Broadcasting Corporation (ZBC) for US$363,400 over alleged copyright infringement.
Prinsloo accuses the national broadcaster of unlawfully airing his original audio-visual work on ZBC's national television station, ZTV, without his consent. He is demanding damages amounting to US$363,400 and a further US$8,909, or their equivalent in Zimbabwe Gold (ZiG), to be calculated at the prevailing official exchange rate at the time of payment.
The dispute first came before the High Court on June 14, 2021, where it was established that the assessment of damages due to Prinsloo was a key point of contention. Both parties agreed that determining the quantum of damages required technical expertise and that a neutral evaluator should be engaged.
Prinsloo nominated the African Regional Intellectual Property Organisation (ARIPO) as his preferred evaluator, while ZBC proposed the Zimbabwe Intellectual Property Office (ZIPO). After deliberations, High Court judge Justice Tawanda Chitapi invoked section 19A of the High Court Act, which allows the court to appoint a referee to resolve complex technical issues arising in civil disputes.
Justice Chitapi ruled that the matter be referred to a referee with expertise in copyright infringement and its consequences. The case was postponed indefinitely while the parties awaited the referee's determination.
Subsequently, intellectual property expert Nancy Samuriwo was appointed as referee, and by July 2021, both parties had presented their arguments before her. However, more than three years later, no decision has been issued, leaving the matter unresolved.
Frustrated by the delay, both Prinsloo and ZBC have now suggested that the court appoint a new referee, arguing that Samuriwo appears unable to render a decision. Justice Chitapi has since ordered the Registrar to obtain a status report from Samuriwo within 14 days and to provide her judgment, if available.
The case remains in limbo pending the referee's feedback or the appointment of an alternative evaluator.
Prinsloo accuses the national broadcaster of unlawfully airing his original audio-visual work on ZBC's national television station, ZTV, without his consent. He is demanding damages amounting to US$363,400 and a further US$8,909, or their equivalent in Zimbabwe Gold (ZiG), to be calculated at the prevailing official exchange rate at the time of payment.
The dispute first came before the High Court on June 14, 2021, where it was established that the assessment of damages due to Prinsloo was a key point of contention. Both parties agreed that determining the quantum of damages required technical expertise and that a neutral evaluator should be engaged.
Prinsloo nominated the African Regional Intellectual Property Organisation (ARIPO) as his preferred evaluator, while ZBC proposed the Zimbabwe Intellectual Property Office (ZIPO). After deliberations, High Court judge Justice Tawanda Chitapi invoked section 19A of the High Court Act, which allows the court to appoint a referee to resolve complex technical issues arising in civil disputes.
Subsequently, intellectual property expert Nancy Samuriwo was appointed as referee, and by July 2021, both parties had presented their arguments before her. However, more than three years later, no decision has been issued, leaving the matter unresolved.
Frustrated by the delay, both Prinsloo and ZBC have now suggested that the court appoint a new referee, arguing that Samuriwo appears unable to render a decision. Justice Chitapi has since ordered the Registrar to obtain a status report from Samuriwo within 14 days and to provide her judgment, if available.
The case remains in limbo pending the referee's feedback or the appointment of an alternative evaluator.
Source - online
