Funeral operators may need to get licences before playing music during funeral services or while transporting the deceased, the Namibian Society of Composers and Authors of Music (Nascam) has said.
This comes after M’uambo Musical Works CC (MMW CC), owned by Peter Ambambi, issued a notice to undertakers warning them against using its music without permission and threatening legal action against those who continue to do so.
Nascam acting chief executive Ferdinand Gertze says copyright law applies when music is played in public.
“Under Namibian copyright law, where the playing of music amounts to a public performance under the Copyright and Neighbouring Rights Protection Act, prior authorisation from the copyright owner or the authorised collective management organisation is generally required,” Gertze says.
He says the issue is not about funerals specifically, but about how music is used.
“The key legal issue is not whether the event is a funeral, but whether the music is communicated or performed in a manner that falls within the exclusive rights granted to copyright owners,” he says.
Gertze says funeral homes may need licences if they play music as part of their services.
“If a funeral home plays recorded music through its sound system during funeral proceedings or while transporting the deceased as part of its commercial services, this may constitute a public performance requiring a licence,” he says.
He adds that private family use of music is generally not covered by licensing rules.
Gospel artist Naftalie Amukwelele, known as D-Naff, says he partly agrees that funeral operators should obtain licences for music use, as they run commercial businesses similar to DJs.
However, he says grieving families should not be forced to seek permission to use songs of comfort during funerals.
“But when it comes to households or families during a funeral, people should be allowed to grieve in peace,” he says.
D-Naff says his gospel music is meant to comfort people during difficult times.
MMW CC said funeral undertakers and their staff are using its music without permission, including during funeral services and while transporting bodies, and that this amounts to copyright infringement done for commercial purposes.
“Ombelewa ndjino oya ndhindhilike kutya uuna aanambelewa yOmbelewa yeni… otaa longitha/dhana omaimbilo gaMMW Cc nosho wo ngele aahingi taya ka tala nokufala omidhimba dhi ka fumvikwe,” the notice reads, which translates to: “This office notes that your officials use or play MMW CC music, especially when hearse drivers transport bodies for burial.”
Mbambi warns that funeral operators who continue using the music without permission may face legal action.
“It is clearly stated that if you continue, you will be taken to court and you will also be fined,” the notice says.
The notice says undertakers must stop using the music until permission is granted.
MMW CC says it operates 24 hours and expects its music to be used in line with copyright laws and proper authorisation.
Gertze says responsibility for licences depends on who controls the music at the funeral.
“If a funeral home provides music as part of its services, the funeral home would ordinarily be responsible for obtaining the appropriate licence,” he says.
He says Nascam first focuses on awareness before enforcement.
The Copyright and Neighbouring Rights Protection Act allows rights holders to take legal action when music is used without permission.
