“If anything happens to me, Glen Boateng and all team members of Ground Up Chale are responsible and should be held responsible. “I am currently being asked to pay $150,000 for using images of myself for this current project. Ground Up claims to own me, my image, my music and everything attached to it from 2016 to this day.
“Although I have not worked or had any affiliation with the company since Son of Jacob, I have not made a dime from any of my music within the period I worked with them for years now and received constant threats and manipulation from Glen, who is living off of my money and hard work.
“If, for whatever reason, this project that I am trying to give to my fans independently gets taken down, know Glen is responsible. He is working constantly around the clock for me to never put music out there again.
“I’ve tried not to say anything for a long time, though this has affected my well-being and mental health greatly, but for the safety of myself and my family, I choose to publicly share the truth (SIC)”.
Above is a social media post by rapper, Kwesi Arthur and this revelation made a few weeks ago, has once again, brought attention to a simmering issue in Ghana’s creative industry.
For many years, young artistes have complained of perceived injustices from former management or record labels, who demand more than they are willing to give when disputes arise. More often than not, the outcome is a decline in the musician’s once-blossoming career, caused by violating contractual terms or clauses that end up costing them dearly.
Commenting on the ongoing issue, legal practitioner Kwame Koduah Atuahene observes that up-and-coming musicians often prioritise fame over the business side of their careers, which can lead to challenges down the line.
Show business
In an interview with Daily Graphic, the legal practitioner urged musicians to equally prioritise the business side of showbiz, warning that overlooking this aspect often leads to legal disputes in the future when they are established.
“Showbiz is a creative expression of show and business. So, while you are expressing your talent, you should equally be mindful of the economic gains since there’s a business part to it.
“So, if you are a creative talent and you are only concerned about how you can become famous, how you can express your showmanship without the business side of it, then you are missing a great deal of it.
“So, there is a revenue conversation, which must also be spelt out but mostly overlooked in signing a contract. In other words, what percentage of the income accruing to your talent should go to the artiste? What percentage of it should go to the record label or your manager?
“Would there be deductions? Should deductions be made before incomes are split? What kind of deductions? For instance, is the manager requiring that investments made in your training and promotion be set aside before incomes are deducted?
“What expenses must be recovered and what expenses should not? You need to have that discussion and that must be set out in the contracts. You do not leave these matters for when the money begins to come in. Potentially, that’s when artistes begin to have problems with their record company,” he said.
Revenue Split
Lawyer Atuahene pointed out that discussions about revenue splits should be a key part of contract negotiations. He emphasised that every contract outlines obligations and benefits beyond financial terms. He urged artistes to carefully consider their commitments, asking whether they are required to produce multiple albums, perform in numerous cities, manage their own branding, or grant exclusivity for shows.
“For instance, does the artiste, as creative talent, have the right to work with other artistes or not? Do you have the right to feature on other people’s work or not? Who controls your branding, your public appearances, your social media appearances? Does anybody need to approve your gigs before you perform your releases?
“So, these are obligations that must be spelt out. Oftentimes, when we ignore these matters, it creates contractual issues for the artiste and their management. Unfortunately, very creative, smart talents hit the scene and out of disagreements, there’s a dip in form,” he said.
He also emphasised the importance of involving lawyers in business dealings, particularly those with industry-specific knowledge, as contracts can contain hidden clauses. Lawyers can help explain complex terms, provide guidance, and negotiate fair arrangements, including royalties, endorsements, and ownership rights.
“In every business environment, you cannot discount the role of lawyers. It is pretty important because contracts, even though they’d be written in somewhat of a very plain, simple language, sometimes they may have hidden terms.
“So today, you may start as a beginner, but your potential may grow over time, so that if your contract is stuck in today’s terms, you may outgrow it, and it leaves you with so much pain.
“The artiste will become a household name, but not too much of the revenue associated with his/her brand,” he stated.
Source:
www.graphic.com.gh
