Artistes: Don’t be cheated

Female musician Shifah Musisi performs during her concert at Golf Course Hotel. Ignorance about the National Intellectual Property Policy has left many artistes counting losses when their work is commercially reused. PHOTO/EDGAR R. BATTE

Cases of artistes complaining about being ripped off especially by their managers and telecommunication companies are on the rise.

Some managers have become notorious for ‘cutting’ deals behind the clients (musicians) they represent. Other artistes, especially musicians, have remixed songs without consent from the original composers or owners, a breach of intellectual property rights.     
National Intellectual Property policy
In May 2019, Cabinet approved the National Intellectual Property (IP) Policy, to stimulate innovation, creativity and attract foreign direct investments.

Intellectual Properties include ideas, inventions, discoveries, trade secrets, processes, programs, data, formula, patents, copyrights, trademarks, and designs among others. These commonly manifest in the works of musicians, poets and writers among others

Copyright cases
As a result, artistes under Uganda Female Performing Artists headed by Ms Mariam Ndagire cautioned artistes who redo other artiste’s songs without their consent following the allegations that the B2C singing group redid Kadongo Kamu singer, Harriet Sanyu’s song ‘ Abakyala kyakutondebwa’ without due consent.
While at it, another challenge in the form of telecom companies making a killing out of intellectual properties without due regard to the original owners made it to the headlines.
One famous case involves the former Kampala mayor, Mr Nasser Sebaggala who sued MTN Uganda for using his speeches as ringtones without his permission. To date, it is unknown how these cases ended.
Although Mr Ssebagala’s case is different, considering that he is not an artiste, industry players deal with such cases on a regular basis.
But many musicians - both local and international - lose a lot of money for failure of copyrighting their works while others are defrauded by their managers exploiting their ignorance?
Under normal circumstances, music should be a business legally. The question is what an artiste should do when they enter this space.
According to experts, music is a business by itself and people don’t do it for leisure; people feed their families and contribute to the national economy. Any artiste should have a copy right for every song they produce.

Significance of copyright
Mr Louis Lwanga, an International Entertainment and Media lawyer at Katende and Sempebwa Co. Advocates, explains that a copyright gives you the liberty to perform, distribute and reproduce that music.

He further observes that in this era of piracy where there are a lot of free downloads and with the advent of the Internet, there are a lot of free streaming services.

Mr Lwanga further explains that with streaming services such as Spotify and Tidal which are operating in Uganda, artistes have direct access to these sites and are paid.

Possible solutions
One of the remedies an artiste can fall back to is the legal diagnosis. However, most artistes know little about their musical rights.

Experts further say that artistes are most of the time abused widely. Much as they know there is a law, they don’t know how to go about it. Unfortunately, their managers don’t understand the law.

“For instance, if I have my music that is legally registered and I want it put in a movie or an advert every time that song is played I’m supposed to be paid but these artists don’t know this,” Mr Lwanga says.

Artistes need to understand the music dynamics and how the market is working. That explains why international artistes are earning more.

Agreements
Mr Joel Basoga, an Associate at Cristal Advocates, says an artiste should be keen on the agreements he or she signs, to avoid assigning all their economic rights for their artistic works.

He explains that the Copyright and Neighbouring Rights Act was enacted to protect the effort of the artiste. A copyright is one of the main types of intellectual property rights.

“Copyright arises automatically when a “work” that qualifies for copyright protection is created. This includes an artiste’s musical and artistic works,” he said.

Artistes as authors have exclusive rights over their original works, and unless it is being used for an educational purpose and with their consent, an artiste should seek advice from their legal counsel, if they notice that their works are used without their consent.

Another practical step if a copyright infringement is ongoing may be to seek an injunction from a court to stop the infringing act.

According to Mr Lwanga, when it comes to music publishing and copyright, there are singers and composers who also have very special rights, the producer should earn royalties.
“Someone who has written a song should keep earning from it. But in Uganda, a musician sells his song and that is it yet you can earn from your copy right contractual agreements,” he says.

Ringtones
Lawyers say when you assign your song as a ringtone, you are supposed to be paid royalties every time the song is downloaded. But intermediaries between musicians and telecom companies cheat the musicians.
Mr Lwanga says in Uganda, middlemen are riding on the ignorance of the musicians and taking more money especially from the telecom companies.

“Contracts should tell you the past, present and future. It is better for a musician to understand these dynamics but our musicians don’t understand that every download is paid for,” he says.

Using artiste’s work
Mr Basoga believes that usually, if anyone is using an artiste’s work for a commercial purpose and without their consent, it is regarded as, “unjust enrichment,” which is contrary to the economic and moral rights that an author (artist) is guaranteed under the Copyright and Neighbouring Rights Act.

“Although artistes may give licences to persons to use their works, it is prudent for an artiste to precisely define the extent of such authorisation. This may help minimise the risk of managers and telecom companies, from unjustly benefitting from the artist’s work,” he said.

How do you ensure you are not fleeced?
Mr Lwanga observes that Uganda has very few professional managers but more booking agents. To ensure you are not fleeced as an artiste, you should employ professionals.

“Have a team; consult, a lawyer, an accountant because if you know your worth and you are organised, you will attract corporate interest to be in the movie, adverts among others where you will reap more,” he says.

Registering for IPs
Fees
Intellectual Properties (IP) fees in Uganda are exorbitant. For example, the application to register a copyright costs Shs50,000 (about $13.55) at Uganda Registration Services Bureau (URBS).
Advertising the same copyright in the Uganda Gazette will go for about Shs300,000 ($81). This means, for example, if a musician has to advertise his or her 10 songs, it will cost Shs3.5 million (about $948.7) – fees which are too high for new musicians.