Celscius, a Zimdancehall artist also known as Celscius Wayne in the music circles has said he halted his music in 2019 after Jacaranda Media Group “faked” a deal which took over his music, voice, sound, likeness, photographs and name. He told Norton legislator, Temba Mliswa that he engaged lawyers but the case seems to have reached a brick wall amid reports that the group is politically connected. Mliswa pledged to assist the musician. Pindula News presents a copy of the alleged deal which Celscius says he never signed:
TALENT DEVELOPMENT DIGITAL DISTRIBUTION & PUBLISHING CONTRACT
CELSCIUS aka TAFADZWA MWANDIRA
JACARANDA MEDIA GROUP REPRESENTED BY JORDAN LINK MANGWIR0 & CHARLES GUVAMATANGA
Dated as of: 07/01/2019 You and I have agreed as follows:
1. Appointment. I hereby appoint and engage Jacaranda Media Group, as my exclusive digital distributor, publisher, international talent development consultants throughout the world and you accept such appointment and engagement for the term of and subject to the terms and conditions of this agreement. A Zimbabwean representative of Jacaranda Media Group will be appointed to deal with the day-to-day affairs of my musical distribution and publishing affairs.
A. The term of this agreement shall be for a period of FIVE (5) years with an option of a negotiable two (2) year extension period commencing as of the date hereof (the “Initial Period”).
B. In addition, you shall have three (3) separate and consecutive options each to extend this agreement for an additional one (1) year period (individually referred to as “First Option Period, Second Option Period and Third Option Period”; collectively the “Option Periods”). The Initial Period and Option Periods are hereinafter collectively referred to as the “Term.” Unless you notify me to the contrary prior to the expiration of the Term, each Option Period will be automatically exercised by you.
3. Digital Distribution and Publishing Services. During the Term hereof, you agree to perform for me the following services: represent me and act as my exclusive distributor and publisher. You will advise me and my management in all business negotiations and matters relating to cry entertainment career; supervise my professional engagements and to consult with employers of my services in the entertainment and literary fields to assure to the best of your ability the proper use of my services and the products thereof; supervise third party unaffiliated booking and talent agencies employed by me to secure offers for my professional services; and advice and counsel with respect to general practices in the entertainment and literary industries and with respect to such matters of which you may have knowledge concerning compensation and privileges extended for similar artistic values.
A. I mandate Jacaranda Media Group the authority to be the guardian of all masters and copyright of all released Celscius music including any music which was released without prior consent from Celscius or management to which Celscius has full rights to: All masters are to be released under the Jacaranda Media Group / Celscius/ Wayo Music partnership banner.
B. Jacaranda Media Group will set aside a budget to nurture, grow, market and promote Celscius musical projects through their promotional networks in and outside of its social media and plugger network. Jacaranda Media Group will also set aside a budget for music video financing, studio time financing for Celscius musical projects. For every musical project financed by Jacaranda Media Group, Jacaranda Media Group, will be awarded control and ownership of project masters on a 50./0/50% split. Split ownership of masters and credits to all songs for all parties invested will stand until infinity.
C. Jacaranda will provide Celscius with an allowance or advance which the Artist will reimburse Jacaranda Media Group after collection and accumulation of sales, streaming and Royalties collections.
4. Power of Attorney. You are authorized and empowered for me and on my behalf and at your discretion, after consulting with Celscius and management, to do the following: approve and permit any and all publicity and advertising in connection with my professional career; approve and permit the use of my name, photograph, likeness, voice, sound effect, literary, artistic and musical materials for the purposes of advertising, publicity, and promotion in connection with my professional career and execute agreements pertaining to my short-term personal appearance engagements (i.e. engagements of two nights duration or less).
Meanwhile, the Zimbabwe Music Rights Association (ZIMURA) has written to the group seeking clarification on the contract which it says does “not promote and protect Celscius’s music and brand.”
The Association demanded all correspondences done directly with Celscius that led to the signing of the alleged contract and evidence that there were payments made to Celscius for any sale, or advancement concerning his music.
ZIMURA also wants to know when and who supplied Jacaranda with Celscius music.