I’m impressed by this write up on “Who Will
Rescue Nigerian Record Producers” by
Akinyemi Ayinoluwa. After reading this article,
you all see reasons why a prolific producer like
OJB is out there pleading for a donation of $
15m to save his life after he has produced great
songs that turn Nigerian music industry around.
Read article below:
“Am famous for doing great work, still
broke as hell, who can help me?”
“We go out of fashion too soon”
“That dude still owes me production fees
from his debut album”
“How come i wasn’t invited to the album
launch?”
“He gave my beat to another artiste who
didn’t even holla my name, nawao”
“I made no money from that hit record, i
just helped him with the beats”
Last weekend I read an interview by
Samklef, as record producer, he was
instrumental in ushering Afrobeat
dynamite – Wizkid to prominence. While
he got credits for producing hit-songs on
Wizkid’s debut album, he probably earned
no royalties from mechanical rights and
publishing. Amongst other interesting
thoughts expressed was his assertion that
due to the music industry’s lack of a viable
structure, record producers who do not
approach the business tactfully will get
broke in no time.
Ruminating on the interview and
considering the peculiar nature of the
music business in Nigeria, I attempt to
contextualize how the foul-tasting status
quo can be eased out to activate a new
rewarding landscape for Nigerian record
producers. To my mind, the music
business is speculative – what is termed
fashionable at an instance might just be
considered obsolete the very next minute.
It is therefore risky to approach same with
indifference.
Oftentimes, record producers get lost in
honing their craft; a serene mind and an
ambience that boosts a creative surge is all
they crave. In addition, creative
practitioners are not the best at minding
their businesses, it is therefore crucial that
they are aware of the trajectory of the
value chains relevant to their craft.In
Nigeria, they suffer unjustly, in spite of
the quantum of work committed to
creating beautiful music. They never get
the economic benefits or credits accruable.
This malaise could be attributed to sheer
ignorance, short-sightedness or the over-
hyped lack of a well-organized Industry.
The grim reality is that the recording
artistes are the only profiteers of the
success of a huge production; making huge
killings off live performances, tours,
endorsement deals, digital distribution and
sales because these modes of exploitation
are customary. On the flip-side record
producers barely exploit these productions
beyond the lump sum received as initial
payment.
It is safe to assert that record producers
legitimately own rights fixed in their
creations, and except same is assigned they
reserve copyrights in their works; the
right to use, duplicate, perform, distribute,
and sell.
NIGERIAN COPYRIGHT LAWS AND
OWNERSHIP
In Nigeria and globally, Copyright laws
provide protection for original works of
authorship by conferring certain exclusive
rights upon their creators. The realm of
music copyright is characterized by two
types of copyright holders; the holder of
the musical work and the holder of the
sound recording. The musical work
copyright holder is typically the one who
composes the piece of music while the
sound recording copyright holder is the
recorder of a rendition of the musical
work. It is almost impossible to have both
works (musical works and sound
recording) without the expertise of a
record producer. The question that lingers
then is why financial abundance is a rarity
amongst Nigerian record producers as
compared to their foreign counterparts?
SOME TIPS TO HELP RE-INVENT THE
WHEEL FOR RECORD PRODUCERS
Nigerian record producers should consider
the under-listed as condensed survival tips
in an uncertain terrain, incorporating
same to their operations will bolster their
prosperity as creative professionals.
Bracing up for the future: In this digital
era, the Nigerian Copyright Act is still at
the back footing as it is being rendered
obsolete by daily technological
advancement. Thus, record producers
have to be pro-active via contractual
documentations to optimize ownership of
copyrights in musical works and sound
recording, this allows for exploitation of
traditional streams of revenue (Publishing,
Mechanical Royalties and Performance
Royalties) and digital streams of income
from sales of Ring tones, Ring back tunes,
Spinlet, iTunes, YouTube, Vevo etc.
To assert ownership, they must keep a
record book detailing all works produced
in studio, name of Authors, title of the
works and the year of production. They
should endeavor to register same with the
Nigerian Copyrights Commission.
Education, Affiliations and Collaborations:
While it’s always more fun to spend time
in the studio, it is advisable that producers
do a bit of reading; this helps to discover,
befriend and collaborate with the power
brokers of the music industry
internationally and locally. A further step
would be to read up on various aspects of
the music business, technological
advancement and how it affects the
dynamics, as well as the new streams of
income that accrue to every stakeholder.
Legal Threshold: When production work
comes of age, big businesses will be
bandied in tones of contract documents.
Get help from an experienced Attorney,
there is a steady rise in the number of
Entertainment Lawyers wanting a piece of
the action in the Nigerian music
landscape.
Membership of Collecting Societies: It is
advised that producers register with
Performing Rights Societies in countries
where their music gets considerable
airtime. This would ensure that royalties
stream in from radio plays and public
performance of their music. International
agreements like the Berne Convention
guarantees that Collecting Societies of
member countries can collaborate in
collection of Royalties and repatriate same
to owners of the copyrights regardless of
where authors are domiciled. If domiciled
in Nigeria, start with the COSON and
gradually extend membership to other
countries.
Management: Music remains a team sport;
you need proven and trusted hands to
mind your business and help develop it. A
viable management in addition oversees
administration, pricing, placements,
marketing, branding and quality control. A
well managed production house could help
metamorphose into a record label.
Talent/Artiste Development: Seek and
develop new artists and reserve rights
from every work created, better still
safeguard your rights with an Artist
Development deal which ensures you
benefit in the event that a major Record
Label is interested in the talent you helped
nurture to prominence.
Production Projects: Record Producers can
produce, as chief executives, career
defining albums for their own benefits or
exclusively orchestrate albums of artistes
signed to other labels. Take a cue from ID
Cabasa, Cobhams, Sarz and Maleek Berry.
Credits: Notwithstanding how much is
earned as production fees, record
producers should drum it to the heavens
that they authored a production or co-
wrote same. The brilliance and ingenuity
expended on work should never be
ascribed to someone else. Do you wonder
why there are two versions of Wizkid’s
Sexy Mama?
On a final note, the business of music in
the 21st century is universal, its fluidity
across geographic boundaries is
occasioned by globalization and the super-
imposition of technological advancement.
Record producers as well as other creative
practitioners should be positioned to
benefit from this new reality.
Written by Akinyemi Ayinoluwa
