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Ask Ms. Uduak: I Signed a 8 Years Record Contract but my Label Never Released any Record I Made, if I Sue, will I Win?

Uduak-Oduok-Cetified-Game-Changer (1)Question: “Hello ma’am,

[I] am a Hiphop artiste…

I’ll try to state my case in a nut-shell.
I was in a record deal that never happened. I recorded quite a number of songs for the label. The deal bound me for 8 years (*Between 2000 and 2010).

The first four years elapsed nothing happen (*2000 – 2004). The record label brought another contract and took the first one from us (me and a few other acts), and we signed again (2004 – 2008). No record was put out for me. No videos were shot for me. No promotions were done.

If I sue now, will I win?

Please help.” – Lagos, Nigeria

Answer: (Name omitted to protect artist identity). Dear artist, thank you for the question. As hard as this situation may seem/be for you, it is actually not uncommon or unusual. For example, in the USA, artists like Jojo, Bow Wow, and Lupe Fiasco are just a few of many artists who have signed record deals where their labels never released their songs/albums or stalled for many years. Jojo’s was seven (7) years!

You ask, “if (you) sue, will you win?” The answer is, it depends on the contractual terms you signed. In most record contracts, there is a clause that gives the record company the right to determine whether they will even make a record and/or release it. From a label business owner point of view, it protects them from situations where they simply do not have the financial capital to fund and promote your album. It also gives them the room for situations where the vision of the label’s music direction has changed, or you are a difficult artist to work with etc.

This does not absolve you of your obligation as an artist to make music under the terms of your contract with your label i.e. your recording obligation/commitment. So, you would need to revisit your contract and get clarity on what exactly you signed. Certain key provisions to look for in your contract are:

a) The pay-or-play clause:  This clause essentially permits the label to buy you out of your deal. This clause is exercised typically when the label has operational issues that render it incapable of taking on the huge financial obligation of an album release, or  the label has issues with you or does not believe the music you produce will be profitable.

b) The guaranteed release clause. Look in your contract to see if there is any provision that calls for the label to release your songs/album in a specified period and the consequence of what happens when they fail to do so i.e. you can terminate the contract. I highly doubt that you had this provision in there. But, check nevertheless.

Ultimately, I’d suggest you visit a local entertainment lawyer in Nigeria for a legal consultation to help you determine if the label breached any contractual terms; and whether money is in fact owing on your contract that would warrant a possible viable lawsuit against the label. You can begin your search with the Africa Music Law feature on Nigerian Entertainment Lawyers here.

Your story is the reason why I advise AML artists and artists I work with in general to always make sure they know what they are getting into and have an attorney right from the onset for any deal placed in front of them.

Best wishes with your legal matter.

Cheers,
Uduak

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Uduak-Oduok-Cetified-Game-ChangerNOTE: If you have a Ask. Ms. Uduak question on the business of music or music law, please email ([email protected]) with the subject heading ‘Ask Ms. Uduak.’ Disclaimer: The information provided is general information only. Nothing herein forms or constitutes an attorney/client relationship, nor is legal advice. Contact a local attorney in your local state and country for your specific situation. For USA artists seeking attorney representation you may contact my office at 916-361-6506 to set up a consultation or for further inquiries.

Africa Music Law™

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ABOUT THE FOUNDER

Credited for several firsts in the fashion and entertainment industry, Uduak Oduok (Ms. Uduak) is a fashion and entertainment lawyer, speaker, visionary, gamechanger, trailblazer, and recognized thought leader, for her work on Africa’s emerging global fashion and entertainment markets, and the niche practice of fashion law in the United States. She is also the founder of ‘Africa Music Law,’ an industry go-to music business and law blog and podcast show empowering African artists. Her work in the creative and legal industries has earned her numerous awards and recognitions, including an award from the American University Washington College of Law for her “legal impact in the field of intellectual property in Africa." She has also taught as an Adjunct Professor at several institutions in the United States. For more information, visit her at https://msuduak.com.

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