Calabash CEO Wax Dey speaks out regarding the issue between #Gasha and Eddy Kenzo and some possibilities that Gasha can get her royalties.
He wrote, “Many people don’t realize that music is an intellectual estate just as land is real estate, and in many instances, intellectual estate can be far more profitable than real estate in the short and long term. But just like real estate, it needs to be handled formally like a business. You can’t sell or buy land with a verbal agreement.
I feel really sad that our sister has had to go through what she has gone through. Please stop tagging me. She knows how to get to me if she wanted to.
Let me explain a couple of things for the benefit of all artists. A recorded song has 2 components - the Master and the Publishing. The Master is the actual recording which is being sold and the publishing is the composition (lyrics, melody, arrangements)
I have read both sides of the story and this is what I have to say:
1. Whoever paid for the recording owns the Master, that is the right to sell the song. This is tricky because if Gasha paid for the recording then it belongs to her, but if Eddy Kenzo did, then it belongs to him, even if she is the artist. If Gasha released the song in 2015 and by mutual agreement, Eddy Kenzo release it on his own platforms a year later, it implies that they might have agreed to share the Master rights (in that order). Usually, you’d expect either party to get a cut of each other’s sales, but in the absence of a written agreement (split sheet), this becomes complex and difficult to resolve. To be fair, I’d say that #Eddykenzo had to pay sales royalties to Gasha from the sales of his album (which were substantially more than Gasha sold) and vice versa. So yea, I believe Eddy a Kenzo owes Gasha some money, even in the absence of a written Agreement. The complication now arises from how to enforce it without a written agreement or in this case, his word against her word.
2.publishing is composition money you get paid when your song is streamed on Tv, radio, public venues, streaming sites or even cellphones. If someone else remixes the song, you still own their publishing. Publishing wise, they both wrote their verses. They both should share the royalties. A share should also go to who arranged the song, and the lion’s share should probably be reserved for who wrote the hook + their verse. Again, there is no split sheet, so these are issues that need to be addressed by both teams and agreed on on paper. Somewhere around 2015, I did sign a publishing deal with Gasha which was applicable retrospectively (meaning that Calabash could go in search of her publishing money and enforce the receipt thereof), but in 2016, she requested to rescind the contract, and I did not object. But it is her right and she should protect it ASAP. In Zangalewa’s case, they were not even aware, so I took it upon myself to find them and sign a publishing deal which permitted us to work on it.
Also remember this: for every sale or digital sale, even for Callertunes, you still earn a publishing royalty. So she needs to go down the rabbit hole and look for all those earnings, and while fighting, make sure that they are protected now. The song has a long lifespan. Some of those incomes should have been controlled by Gasha even if Eddy Kenzo released on his channel. Unless they had an agreement that he would claim her rights and he did. Even so, he would have to pay her her cut.
These issues are complex and it’s best to work with a lawyer or someone with knowledge when doing collaborations. You cant blame Artists for the situations - I doubt even Eddy Kenzo understood what he was doing at the time. I even have a case with a big company such as MTN now where they do not understand what is use of a split sheet on music they paid for.
And as I said, both artist teams need to establish or enforce a written agreement now because the song is still active and earning revenue. Online hype is good, but it doesn’t get money in the bank.
Calabash X offers entertainment business and legal consulting services, free publishing and sync assistance, as well as international pitches for African indie artists” . 👇🏾
Write By #Mac_Clint 's blog
Retweet by #Twitbook24
He wrote, “Many people don’t realize that music is an intellectual estate just as land is real estate, and in many instances, intellectual estate can be far more profitable than real estate in the short and long term. But just like real estate, it needs to be handled formally like a business. You can’t sell or buy land with a verbal agreement.
I feel really sad that our sister has had to go through what she has gone through. Please stop tagging me. She knows how to get to me if she wanted to.
Let me explain a couple of things for the benefit of all artists. A recorded song has 2 components - the Master and the Publishing. The Master is the actual recording which is being sold and the publishing is the composition (lyrics, melody, arrangements)
I have read both sides of the story and this is what I have to say:
1. Whoever paid for the recording owns the Master, that is the right to sell the song. This is tricky because if Gasha paid for the recording then it belongs to her, but if Eddy Kenzo did, then it belongs to him, even if she is the artist. If Gasha released the song in 2015 and by mutual agreement, Eddy Kenzo release it on his own platforms a year later, it implies that they might have agreed to share the Master rights (in that order). Usually, you’d expect either party to get a cut of each other’s sales, but in the absence of a written agreement (split sheet), this becomes complex and difficult to resolve. To be fair, I’d say that #Eddykenzo had to pay sales royalties to Gasha from the sales of his album (which were substantially more than Gasha sold) and vice versa. So yea, I believe Eddy a Kenzo owes Gasha some money, even in the absence of a written Agreement. The complication now arises from how to enforce it without a written agreement or in this case, his word against her word.
2.publishing is composition money you get paid when your song is streamed on Tv, radio, public venues, streaming sites or even cellphones. If someone else remixes the song, you still own their publishing. Publishing wise, they both wrote their verses. They both should share the royalties. A share should also go to who arranged the song, and the lion’s share should probably be reserved for who wrote the hook + their verse. Again, there is no split sheet, so these are issues that need to be addressed by both teams and agreed on on paper. Somewhere around 2015, I did sign a publishing deal with Gasha which was applicable retrospectively (meaning that Calabash could go in search of her publishing money and enforce the receipt thereof), but in 2016, she requested to rescind the contract, and I did not object. But it is her right and she should protect it ASAP. In Zangalewa’s case, they were not even aware, so I took it upon myself to find them and sign a publishing deal which permitted us to work on it.
Also remember this: for every sale or digital sale, even for Callertunes, you still earn a publishing royalty. So she needs to go down the rabbit hole and look for all those earnings, and while fighting, make sure that they are protected now. The song has a long lifespan. Some of those incomes should have been controlled by Gasha even if Eddy Kenzo released on his channel. Unless they had an agreement that he would claim her rights and he did. Even so, he would have to pay her her cut.
These issues are complex and it’s best to work with a lawyer or someone with knowledge when doing collaborations. You cant blame Artists for the situations - I doubt even Eddy Kenzo understood what he was doing at the time. I even have a case with a big company such as MTN now where they do not understand what is use of a split sheet on music they paid for.
And as I said, both artist teams need to establish or enforce a written agreement now because the song is still active and earning revenue. Online hype is good, but it doesn’t get money in the bank.
Calabash X offers entertainment business and legal consulting services, free publishing and sync assistance, as well as international pitches for African indie artists” . 👇🏾
Write By #Mac_Clint 's blog
Retweet by #Twitbook24
8 mois depuis
