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I try not to speak on these things because it would be hard to do so without speaking both to and on behalf of certain people, but the truth is our problems span across both label and artiste and society in general.
The FIRST and MAIN problem is the fact that Nigerians for a start generally do not respect contractual obligations. Even in 2020 people see contracts as just pieces of paper signifying a partnership exists. End.
What many do not realise is that this contract is literally to be the blueprint to that partnership’s very existence. Once you appreciate this, for a start, you will appreciate the need to engage an experienced or sound lawyer to cover every single question that may arise.
Relationships are challenging enough even when every single loophole is covered as adherence alone is a task. Now imagine they aren’t. So please, stop downloading contracts from the internet, if you take the business you seek to legally protect even a little bit serious.
That draft you are trying to use to evade legal fees can never be comprehensive or unique enough to your situation and will end up shooting you in the foot. It is BINDING and ENFORCEABLE. Despite what you may think of our legal system.
The next issue is more specific and one I’m lucky enough to be able to speak on very well. Recording artiste agreements are NEVER kind to artiste’s. I am extremely sorry to say. This is the bottom line. Even in the western word, the biggest labels offer the most one sided deals.
The reasons for this are plain and simple and can be reduced to one word, business. It’s not ‘love’. It’s not ‘brother, brother’ or ‘friend friend’. Label - Artiste deals are nothing but business. The rest is garnishing.
The average recording agreement is not “fair” to the lay person or innocent bystander. And it will never be fair quite simply because of where the bargaining power lies at the time of signing. As humans we are naturally quick to forget things with time.
That document called a contract exists to remind you even if it is 5 years down the line, exactly what you signed up for and promised to live by. If you blow, it does not change, if you don't succeed, it does not change. The only thing that changes the status of things is breach.
Now this part is addressed to the labels. You can NOT constantly fail to fulfil your contractual obligations towards an artiste and expect them to fulfil theirs, or to just remain ‘happy to be here’. No.
90% if not more, of the record labels in Nigeria do not fulfill their obligations towards these artistes they have signed. This is where I feel Nigerian Record Labels need to do better. Business is about risk. You chose to take the risk
You can not renege on your obligations because after one year of investment, the artiste has not blown or brought in as much as you’d have liked. Unless the contract provides for such an exit, you must FULFIL YOUR OBLIGATIONS. This is why the artiste has signed off so much to you
