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
