Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
A LIL' SOMETHING FOR SONGWRITERS
A songwriter is usually one of the most important persons in the process of bringing a song to life. In acknowledgement of the usually unknown (relatively) heroes, here's a little something.
In Nigeria, the artiste is usually d songwriter, and so this may generally simplify a lot of things, at least where a regular pop song is concerned. However, there are always people who write songs and do not actually perform them or record them, they just 'give' them out or 'sell' them. And of course, they're those who write songs not just for regular pop radio, but also for films, movies and commercials.
Songwriters can get a wealth of useful and practical information from so many entries on this blog. However, I'd like to briefly mention an area of songwriting that may be a little knotty: the area of 'Works for Hire'
In terms of songwriting, a song is a WORK FOR HIRE where a person (corporate body or individual) commissions a songwriter to write a song specifically for them for a person, product, service or event. In that situation the ownership of the song (including its present and future revenue) belongs to the person who commissions it, and does not belong to the songwriter. In such an arrangement, the writer is paid a one-time fee for the composition, but he/she then sacrifices all ownership of the song.
Some songwriters may not be pleased with this arrangement, and may want to retain rights to their song, its use and its revenue, current and expected. There's nothing wrong with wanting the creative control and financial payback for one's efforts. However, once the agreement is that the song is being written for another person, then the songwriter should be aware that he/she may be letting go of its ownership.
Since some works for hire may not be called or defined as such (sometimes, even the person commissioning it may not be aware of the term), both parties, especially the songwriter should be careful to put the agreement on paper and read the fine print. Or better still, get an intellectual property lawyer or practitioner to review it.
All the best. Keep on churning out more songs for us (just keep the trash out, please).
Copyright 2011 Tinukemi Alabi
Questions/Comments: tinukemi@gmail.com
Sunday, July 31, 2011
Wednesday, June 29, 2011
DERIVATIVE WORKS: QUICK LINES
Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
DERIVATIVE WORKS: QUICK LINES
A while ago, we decided to reduce the sophisticated topics of entertainment and go back to the basics. As part of the basics, we're discussing an area that very few people avert their minds to: Derivative Works.
Without much ado, I'll give it to you very clearly, and very quickly. Here are basic things you should know about a derivative work.
1.) When an eligible work is created by a person, in Nigeria, that work automatically enjoys copyright protection once it's original and fixed on an expressive medium (if you're a consistent visitor on this blog, by now, this should be as clear to you as a nursery rhyme. I only say it on every other entry, after all).
2.) One of the exclusive rights protected by copyright is the right to make derivative works of the original work. As such, only the copyright owner (or anyone he/she authorises) may make works which are derived from their work.
3.) And to the question on your lips: what, really, is a derivative work? A work is a 'derivative' work if it derives its substance from another work which already exists. For instance, when you write a novel/story, and someone makes a movie or play out of that novel/story, the new one is a derivative work which is derived from the first work. Other examples are translating a story/book/script/ into another language, making a painting or a sculpture from an existing photograph, 'remixing' or 'sampling' a song with new instrumentation, etc.
The movie 'Things Fall Apart' is a derivative work of the novel 'Things Fall Apart' by Chinua Achebe. The movie 'O Le Ku' is a work derived from the novel 'O Le Ku' by Akinwunmi Ishola. If you were to stage a play on the drama 'The gods are not to blame' by Ola Rotimi, then that play would be a derivative work.
A derivative work is, thus, a new, original work that includes aspects of a pre-existing, already copyrighted work.
4.) Only a copyright owner can make or grant permission to someone else to make a derivative work based on the original work. If permission is not granted, the creator of the new work becomes liable for copyright infringement.
5.) For a derivative work to enjoy copyright protection, it must be different enough from the original so that it is considered a new piece of work. It must fulfil the requirement for originality.
I did say 'basic things'. If you want a lengthy discourse, you'll have to get in touch with an entertainment lawyer or practitioner. See ya next month.
Copyright 2011 Tinukemi Alabi
Questions/Comments: tinukemi@gmail.com
DERIVATIVE WORKS: QUICK LINES
A while ago, we decided to reduce the sophisticated topics of entertainment and go back to the basics. As part of the basics, we're discussing an area that very few people avert their minds to: Derivative Works.
Without much ado, I'll give it to you very clearly, and very quickly. Here are basic things you should know about a derivative work.
1.) When an eligible work is created by a person, in Nigeria, that work automatically enjoys copyright protection once it's original and fixed on an expressive medium (if you're a consistent visitor on this blog, by now, this should be as clear to you as a nursery rhyme. I only say it on every other entry, after all).
2.) One of the exclusive rights protected by copyright is the right to make derivative works of the original work. As such, only the copyright owner (or anyone he/she authorises) may make works which are derived from their work.
3.) And to the question on your lips: what, really, is a derivative work? A work is a 'derivative' work if it derives its substance from another work which already exists. For instance, when you write a novel/story, and someone makes a movie or play out of that novel/story, the new one is a derivative work which is derived from the first work. Other examples are translating a story/book/script/ into another language, making a painting or a sculpture from an existing photograph, 'remixing' or 'sampling' a song with new instrumentation, etc.
The movie 'Things Fall Apart' is a derivative work of the novel 'Things Fall Apart' by Chinua Achebe. The movie 'O Le Ku' is a work derived from the novel 'O Le Ku' by Akinwunmi Ishola. If you were to stage a play on the drama 'The gods are not to blame' by Ola Rotimi, then that play would be a derivative work.
A derivative work is, thus, a new, original work that includes aspects of a pre-existing, already copyrighted work.
4.) Only a copyright owner can make or grant permission to someone else to make a derivative work based on the original work. If permission is not granted, the creator of the new work becomes liable for copyright infringement.
5.) For a derivative work to enjoy copyright protection, it must be different enough from the original so that it is considered a new piece of work. It must fulfil the requirement for originality.
I did say 'basic things'. If you want a lengthy discourse, you'll have to get in touch with an entertainment lawyer or practitioner. See ya next month.
Copyright 2011 Tinukemi Alabi
Questions/Comments: tinukemi@gmail.com
Thursday, May 26, 2011
MUSIC: A BUSINESS OF PROFESSIONALS
Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
MUSIC: A BUSINESS OF PROFESSIONALS
If your music-making is a profit-making business or you intend to make it one, then you need to start treating it like a money maker. In any case, something that takes a lot of your time and puts some dime in you pocket should be treated with seriousness.
To do this, do not underestimate the necessity of using professionals in your business. When I say 'professionals', I do not necessarily mean the ones in dark suits, swinging leather briefcases, I lay more emphasis in what they know and how practical it is to you as a singer, producer or whatever role you play in the music industry.
There are a number of such professionals you would need, but I'll list a necessary few:
1.) A lawyer. By far, one of the most important, and I'm not being nepotistic. If you intend to make money from your business, it's important that you create a legal business structure that identifies the major stakeholders in the business, and what their stakes are. Identifying the people and their stakes may be your prerogative, but documenting it and creating a structure is best left to a lawyer. As it is advisable that you create a profit-sharing structure that works, your lawyer will help you with the preparation and documentation.
A lawyer will also come in handy during negotiations and the drafting of agreements, and generally making sure that you stay out of trouble.
2.) An agent (or manager). I use the term 'professional' rather loosely when associating it with an agent. This is because most 'agents' in Nigeria are anything but professional. In any case, it's quite important to get someone who is very knowledgeable about the peculiarities of the Nigerian music industry. In your association, with an agent, you should be careful, though (see the October 2010 article "You and Your Agent" for in-depth information on your relationship with your agent).
3.) A business consultant. This person's job description is to 'show you the money'. The main necessity for this 'professional' is to advise you of opportunities within and without the music industry, so that you can save and invest your money wisely. Sometimes, the best person for this position, may not necessarily be the phonetics-speaking 'suited-up' consultant, it could just be a person with a knack for identifying and following up opportunities for wealth creation. Get that person on board. It's cool if this person can combine book-keeping, accountancy, and tax consultancy with the job, if not, you need yet another professional for that.
4.) The financial consultant. Now, it's the duty of this person to deal with the numbers and figures- book-keeping, accountancy, and tax consultancy. When you earn profit, like we hope you would, you will be subject to the payment of tax. The professional should be able to advise you on the relevant and best legal (working with your lawyer, and business consultant, of course) position for you.
Of course, there are various other 'professionals' involved (publicity and media, artiste development person, stylists, etc), but the above-listed ones are the must-have for the core business part of your endeavour.
Choose these professionals clearly on what they know and how practical and relevant their knowledge is to you. And when you get them on board, please, listen to them.
Be on top on things. It's never early to stay in control of your 'business', or if you prefer, your money.
Copyright 2011 Tinukemi Alabi
Comments/Questions: tinukemi@gmail.com
MUSIC: A BUSINESS OF PROFESSIONALS
If your music-making is a profit-making business or you intend to make it one, then you need to start treating it like a money maker. In any case, something that takes a lot of your time and puts some dime in you pocket should be treated with seriousness.
To do this, do not underestimate the necessity of using professionals in your business. When I say 'professionals', I do not necessarily mean the ones in dark suits, swinging leather briefcases, I lay more emphasis in what they know and how practical it is to you as a singer, producer or whatever role you play in the music industry.
There are a number of such professionals you would need, but I'll list a necessary few:
1.) A lawyer. By far, one of the most important, and I'm not being nepotistic. If you intend to make money from your business, it's important that you create a legal business structure that identifies the major stakeholders in the business, and what their stakes are. Identifying the people and their stakes may be your prerogative, but documenting it and creating a structure is best left to a lawyer. As it is advisable that you create a profit-sharing structure that works, your lawyer will help you with the preparation and documentation.
A lawyer will also come in handy during negotiations and the drafting of agreements, and generally making sure that you stay out of trouble.
2.) An agent (or manager). I use the term 'professional' rather loosely when associating it with an agent. This is because most 'agents' in Nigeria are anything but professional. In any case, it's quite important to get someone who is very knowledgeable about the peculiarities of the Nigerian music industry. In your association, with an agent, you should be careful, though (see the October 2010 article "You and Your Agent" for in-depth information on your relationship with your agent).
3.) A business consultant. This person's job description is to 'show you the money'. The main necessity for this 'professional' is to advise you of opportunities within and without the music industry, so that you can save and invest your money wisely. Sometimes, the best person for this position, may not necessarily be the phonetics-speaking 'suited-up' consultant, it could just be a person with a knack for identifying and following up opportunities for wealth creation. Get that person on board. It's cool if this person can combine book-keeping, accountancy, and tax consultancy with the job, if not, you need yet another professional for that.
4.) The financial consultant. Now, it's the duty of this person to deal with the numbers and figures- book-keeping, accountancy, and tax consultancy. When you earn profit, like we hope you would, you will be subject to the payment of tax. The professional should be able to advise you on the relevant and best legal (working with your lawyer, and business consultant, of course) position for you.
Of course, there are various other 'professionals' involved (publicity and media, artiste development person, stylists, etc), but the above-listed ones are the must-have for the core business part of your endeavour.
Choose these professionals clearly on what they know and how practical and relevant their knowledge is to you. And when you get them on board, please, listen to them.
Be on top on things. It's never early to stay in control of your 'business', or if you prefer, your money.
Copyright 2011 Tinukemi Alabi
Comments/Questions: tinukemi@gmail.com
Wednesday, April 27, 2011
BACK TO THE BASICS (PART 1)
Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
BACK TO THE BASICS (PART 1)
We’re going back to the basics. This is because while it would be nice to continue with the sophisticated issues in entertainment law and business, I’ve observed that a lot of people still do not understand some fundamental points.
If you’re a consistent visitor on this blog, you’ll know, by now, that when it comes to entertainment and the law, we’re dealing with far more than copyright. However, because it has a lot to do with the protection of works of entertainment, we’ll start there. This month, we’ll briefly address what it takes to protect certain entertainment products.
Copyright protection gives the creator of a ‘copyrightable work’ (a work eligible for copyright, like a song, a script, or a movie) a diverse set of exclusive rights over their work for a limited period of time. These rights enable the creator to control the economic use of their work in a number of ways and to receive payment.
In Nigeria, there are no statutory requirements for a work to be registered before it can enjoy copyright protection. Once the work is original and it is created and fixed on a tangible medium or material from which it can be perceived (for instance, paper, disk, tape, canvass), copyright protection automatically becomes available, whether the work is published or not.
Having explained that a work enjoys protection without any further formalities, it is important to sound a note of warning. While a work is ‘protected’, it may not really enjoy the protection. Some difficulties may arise if you want to enforce your rights in case of a dispute. Let’s illustrate with an example.
You have written a song from your heart and recorded it on a CD. Automatically, it enjoys copyright protection. You keep the CD. A little while later, you hear a song on the radio that sounds exactly like your own, down to the beats and the lyrics. And if another person claims that you ‘stole’ the song from them, what do you do in that situation? Is your work protected by copyright? Yes it is. Has your work actually enjoyed copyright protection? That is another matter entirely. Of what use is a ‘protection’ that you cannot enjoy? How do you even prove that the song is yours, or that you came up with it first?
The Nigerian Copyright Commission has created a voluntary registration process called the Copyright Notification Scheme. This scheme allows you to register your work with the Commission and your work forms part of their data bank. This process can help you enjoy the protection already intrinsic in your work. It ascertains the time of the creation of the work, so that you may find it easier to prove not only ownership but also priority of creation.
Thus, while registration is not compulsory for an eligible work to enjoy protection, registration under the Copyright Notification Scheme is advisable.
From time to time, we’ll take a pause on the more sophisticated topics and go back to the basics of entertainment law and business. Afterall, what’s the sense in having a beautiful house without a solid foundation?
© 2011 Tinukemi Alabi
Comments/Questions: tinukemi@gmail.com
BACK TO THE BASICS (PART 1)
We’re going back to the basics. This is because while it would be nice to continue with the sophisticated issues in entertainment law and business, I’ve observed that a lot of people still do not understand some fundamental points.
If you’re a consistent visitor on this blog, you’ll know, by now, that when it comes to entertainment and the law, we’re dealing with far more than copyright. However, because it has a lot to do with the protection of works of entertainment, we’ll start there. This month, we’ll briefly address what it takes to protect certain entertainment products.
Copyright protection gives the creator of a ‘copyrightable work’ (a work eligible for copyright, like a song, a script, or a movie) a diverse set of exclusive rights over their work for a limited period of time. These rights enable the creator to control the economic use of their work in a number of ways and to receive payment.
In Nigeria, there are no statutory requirements for a work to be registered before it can enjoy copyright protection. Once the work is original and it is created and fixed on a tangible medium or material from which it can be perceived (for instance, paper, disk, tape, canvass), copyright protection automatically becomes available, whether the work is published or not.
Having explained that a work enjoys protection without any further formalities, it is important to sound a note of warning. While a work is ‘protected’, it may not really enjoy the protection. Some difficulties may arise if you want to enforce your rights in case of a dispute. Let’s illustrate with an example.
You have written a song from your heart and recorded it on a CD. Automatically, it enjoys copyright protection. You keep the CD. A little while later, you hear a song on the radio that sounds exactly like your own, down to the beats and the lyrics. And if another person claims that you ‘stole’ the song from them, what do you do in that situation? Is your work protected by copyright? Yes it is. Has your work actually enjoyed copyright protection? That is another matter entirely. Of what use is a ‘protection’ that you cannot enjoy? How do you even prove that the song is yours, or that you came up with it first?
The Nigerian Copyright Commission has created a voluntary registration process called the Copyright Notification Scheme. This scheme allows you to register your work with the Commission and your work forms part of their data bank. This process can help you enjoy the protection already intrinsic in your work. It ascertains the time of the creation of the work, so that you may find it easier to prove not only ownership but also priority of creation.
Thus, while registration is not compulsory for an eligible work to enjoy protection, registration under the Copyright Notification Scheme is advisable.
From time to time, we’ll take a pause on the more sophisticated topics and go back to the basics of entertainment law and business. Afterall, what’s the sense in having a beautiful house without a solid foundation?
© 2011 Tinukemi Alabi
Comments/Questions: tinukemi@gmail.com
Monday, March 14, 2011
AN ASIDE FOR PHOTOGRAPHERS
Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
AN ASIDE FOR PHOTOGRAPHERS
Oh, I haven’t forgotten that this is an entertainment-related blog. I happen to find photographs enlightening and entertaining (not to mention awe-inspiring), so, I think we’re still on point. By the way, back up: it’s an aside. Here are some basic pointers (excuse the pun) for those interested in photography.
First off, you must know that your photograph is your property, just as much as your car, your phone, or your clothes. It is called INTELLECTUAL PROPERTY (IP) because the photograph itself, as opposed to the material it is fixed on, is intangible. That does not detract the fact that it is still property worthy of rights and protection.
• Suitability for Protection. Basically, like most other intellectual properties, a photograph is eligible for copyright protection when it is original and fixed on some material or medium on which is can be perceived (or well, seen). It’s irrelevant that the quality is below par, or that you’re an amateur.
• Nature of Protection. The protection is a negative one. It prohibits any other person from doing certain acts in relation to the photograph without the copyright owner’s permission. Such no-can-dos include reproduction, publishing, adaptation, distribution or further exploitation. Of course, they are certain exceptions to the rights of the copyright owner, but I did say we’re dealing with ‘the basics’.
• Ownership. The owner of copyright in the photograph is the person who took the photograph and not the person whose likeness or thing was photographed. It’s amazing how smart alecs say things like: “Mr. Santiago took a photograph of Miss Burrito. He had no right to do that. He’s infringing her copyright.”
Now, the first statement, well, it’s just a statement of facts. The second statement is arguable. It depends on the circumstances; Mr. Santiago may have had some kind of permission or some other legal defence. The third statement, definitely erroneous. Taking a person’s picture does not mean that the copyright of the person’s whose picture was taken was infringed. Some right may be infringed, maybe a privacy, publicity or brand right. But not copyright. The photographer is the copyright owner.
Having said that, I’ll point out that in some situations, the copyright may be not be owned by the person who took the photograph. In cases of employment (excluding employment in journalism), an employee who takes a photograph is the copyright owner, except there is an agreement transferring the copyright from the employee to the employer. Similarly, in commissioned works/works of hire, except there is an agreement transferring the copyright in the photograph(s) to the proprietor, the photographer remains the copyright owner.
• Length of protection. The protection does last forever, no sirree. It ends fifty years after the end of the year in which the work was first published or taken.
Well, I haven’t said much, but I hope something clicks. Ah, that pun thing again.
© 2011 Tinukemi Alabi
Comments/Questions: tinukemi@gmail.com
Tuesday, February 1, 2011
'COFFEE CALL' FOR ENTERTAINMENT WRITERS
Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
‘COFFEE CALL’ FOR ENTERTAINMENT WRITERS
I have a unique love for writers; they are a special breed of people. On this nepotistic note, we start our current discussion: financial compensation for entertainment writers, specifically those writers who write for movies or television. Compensation for writers is a somewhat complicated ball game, and so, we’ll briefly explain the ways by which a writer may be paid. We’ll delve deeper in further discussions on this forum.
Now, it possible that some of the things you’ll read here will go right over your head, however, pay close attention because it will help you to make informed decisions when opportunity comes-a-calling. Plus, I think it’s time to wake up and smell the coffee.
It is important to note that before any payment is determined and agreed upon, the parties (the writer and the producer) must determined exactly what rights are being passed from the writer to the producer, and what the writer will be compensated for. This is because a writer may think he is just writing a story for a regular ‘one part movie’. However, what happens when the movie becomes a raving success and the producer decides to make a sequel (or a regular Part 2), make some T-Shirts, notebooks or other merchandise? Perhaps, some cable television wants to broadcast it. Or what happens when a foreign producer wants to take the movie to Portugal with Portuguese subtitles? All these and a lot more possibilities would bring in more money for the producer, and maybe the writer, too (depending on what rights and possibilities are passed around in the contract). A writer may want to make certain that his/her compensation takes into account possible revenue streams.
Having pointed that out, let’s move on to some of the ‘methods’ of payment. Each of these methods comes with pros and cons, and so it is possible to exploit more than one method for the same transaction (get a smart lawyer).
• Flat Fee. Here, you name your price, haggle a bit, haggle some more, pick up the full amount of your money, and go on your way. Very neat, very straightforward and very common. Just don’t go causing trouble when the story turns into the movie of the year.
• Deferred Fee. With this method, you also agree on the fee upfront. However, you may agree that all or part of the fee may be deferred until a specified point in time. Depending on just how long the deferral will be, the parties may decide that the writer will receive a premium/interest as additional compensation for the deferral.
This would have been a good place to talk about option agreements, but it merits its own separate discussion so we’ll address it later on this forum.
• Partial/Milestone fees. Here, the entire project is divided into different parts, and when a particular part is completed, the writer gets paid a specified amount or percentage of the fees. For instance, the story writer may get some money when the script is developed, when the movie is shot, when the movie is released on DVD, etc.
• Revenue Split/Royalties. The parties may agree that the writer will share in certain identified profits deriving from the story. This may be limited to CD and DVD sales and cinema profits or may include a host of other rights. With this method, one has to pay close attention as profits may be derived from any source whatsoever. It is also possible for writer to get an advance of the sum that may be due to him/her. It is necessary to specify if this is ‘gross profit’ or ‘net profit’ and determine just what kind of expenses are deductible from the profits.
• Or you could do all that work for free!
© 2011 Tinukemi Alabi
Comments/Questions: tinukemi@gmail.com
‘COFFEE CALL’ FOR ENTERTAINMENT WRITERS
I have a unique love for writers; they are a special breed of people. On this nepotistic note, we start our current discussion: financial compensation for entertainment writers, specifically those writers who write for movies or television. Compensation for writers is a somewhat complicated ball game, and so, we’ll briefly explain the ways by which a writer may be paid. We’ll delve deeper in further discussions on this forum.
Now, it possible that some of the things you’ll read here will go right over your head, however, pay close attention because it will help you to make informed decisions when opportunity comes-a-calling. Plus, I think it’s time to wake up and smell the coffee.
It is important to note that before any payment is determined and agreed upon, the parties (the writer and the producer) must determined exactly what rights are being passed from the writer to the producer, and what the writer will be compensated for. This is because a writer may think he is just writing a story for a regular ‘one part movie’. However, what happens when the movie becomes a raving success and the producer decides to make a sequel (or a regular Part 2), make some T-Shirts, notebooks or other merchandise? Perhaps, some cable television wants to broadcast it. Or what happens when a foreign producer wants to take the movie to Portugal with Portuguese subtitles? All these and a lot more possibilities would bring in more money for the producer, and maybe the writer, too (depending on what rights and possibilities are passed around in the contract). A writer may want to make certain that his/her compensation takes into account possible revenue streams.
Having pointed that out, let’s move on to some of the ‘methods’ of payment. Each of these methods comes with pros and cons, and so it is possible to exploit more than one method for the same transaction (get a smart lawyer).
• Flat Fee. Here, you name your price, haggle a bit, haggle some more, pick up the full amount of your money, and go on your way. Very neat, very straightforward and very common. Just don’t go causing trouble when the story turns into the movie of the year.
• Deferred Fee. With this method, you also agree on the fee upfront. However, you may agree that all or part of the fee may be deferred until a specified point in time. Depending on just how long the deferral will be, the parties may decide that the writer will receive a premium/interest as additional compensation for the deferral.
This would have been a good place to talk about option agreements, but it merits its own separate discussion so we’ll address it later on this forum.
• Partial/Milestone fees. Here, the entire project is divided into different parts, and when a particular part is completed, the writer gets paid a specified amount or percentage of the fees. For instance, the story writer may get some money when the script is developed, when the movie is shot, when the movie is released on DVD, etc.
• Revenue Split/Royalties. The parties may agree that the writer will share in certain identified profits deriving from the story. This may be limited to CD and DVD sales and cinema profits or may include a host of other rights. With this method, one has to pay close attention as profits may be derived from any source whatsoever. It is also possible for writer to get an advance of the sum that may be due to him/her. It is necessary to specify if this is ‘gross profit’ or ‘net profit’ and determine just what kind of expenses are deductible from the profits.
• Or you could do all that work for free!
© 2011 Tinukemi Alabi
Comments/Questions: tinukemi@gmail.com
Monday, January 24, 2011
BETWEEN ARTISTES AND MUSIC PRODUCERS
Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
BETWEEN ARTISTES AND MUSIC PRODUCERS
I’d say Happy New Year, but with most of January gone, there’s nothing really new about the year anymore, so I’ll just wish you a pleasant 2011 (or what’s left of it).
Today, the train of caution is riding the rails of the artiste-music producer relationship. In Nigeria, these days, this relationship is particularly chummy. Well, there’s nothing wrong with chummy, we just need to be on the ball.
The work of a music producer is not to be underestimated. In a lot of cases, a music producer practically takes some babbling and turns it into something bearable. There’s no denying that the producer does a lot of original work mixing the beats and rhythm, recording the song, and in a lot of cases, writing the lyrics too.
And here comes the mantra: Determine the professional relationship in writing. Apart from making sure that business is business, an agreement clarifies a lot of issues in this relationship which has been taken for granted for too long by the industry.
A lot of things can form the body of the artiste-music producer agreement. These include the determination of who bears the costs of recording, studio fees, the terms and period of the recording and its delivery, and relevant warranties and indemnifications. However, a very important and often overlooked part of such an agreement is the determination of the ownership of the work.
Generally, in sound recordings of musical works, the artist in whose name the recording was made becomes the copyright owner. However, with a lot of original creative work of the music producer going into the recording, this may just be an oversimplification. It never hurts to make things clear.
The situation becomes even more compelling when you realise that under the Copyright Act, the producer may well be deemed a joint owner of the work, and thus, a potential sharer in the proceeds stemming from it.
Please understand that the step to take in this situation is to assign all the interests and rights in the recording. Furthermore, an assignment must be in writing and must be signed by the parties for it to be valid.
© 2011 Tinukemi Alabi
Comments/Questions: tinukemi@gmail.com
BETWEEN ARTISTES AND MUSIC PRODUCERS
I’d say Happy New Year, but with most of January gone, there’s nothing really new about the year anymore, so I’ll just wish you a pleasant 2011 (or what’s left of it).
Today, the train of caution is riding the rails of the artiste-music producer relationship. In Nigeria, these days, this relationship is particularly chummy. Well, there’s nothing wrong with chummy, we just need to be on the ball.
The work of a music producer is not to be underestimated. In a lot of cases, a music producer practically takes some babbling and turns it into something bearable. There’s no denying that the producer does a lot of original work mixing the beats and rhythm, recording the song, and in a lot of cases, writing the lyrics too.
And here comes the mantra: Determine the professional relationship in writing. Apart from making sure that business is business, an agreement clarifies a lot of issues in this relationship which has been taken for granted for too long by the industry.
A lot of things can form the body of the artiste-music producer agreement. These include the determination of who bears the costs of recording, studio fees, the terms and period of the recording and its delivery, and relevant warranties and indemnifications. However, a very important and often overlooked part of such an agreement is the determination of the ownership of the work.
Generally, in sound recordings of musical works, the artist in whose name the recording was made becomes the copyright owner. However, with a lot of original creative work of the music producer going into the recording, this may just be an oversimplification. It never hurts to make things clear.
The situation becomes even more compelling when you realise that under the Copyright Act, the producer may well be deemed a joint owner of the work, and thus, a potential sharer in the proceeds stemming from it.
Please understand that the step to take in this situation is to assign all the interests and rights in the recording. Furthermore, an assignment must be in writing and must be signed by the parties for it to be valid.
© 2011 Tinukemi Alabi
Comments/Questions: tinukemi@gmail.com
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