Music Business

Assurance: Why Davido’s Porsche gift to Chioma is a bad deal for the millions he will make off her

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Hey AML people, by now, you must have heard about how Davido celebrated his girlfriend Chioma Rowland’s birthday by buying her a 2018 Porsche and throwing her a couple of birthday parties. Davido has released pictures, and video clips professing his love. He has also released a song and music video titled ‘Assurance’ where he again professes his love for Chioma and features her in the video. (See videos at the end of this article).

In response, his fans, especially his Nigerian fans, have done two things:

1. For the ladies, the majority have wished they had someone like Davido to give them “assurance” in the form of a Porsche or other fancy material things. The majority have also insulted Davido’s “baby mamas” who fathered children out of wedlock but could not get Davido to commit to them. Davido has acknowledged two children from two women. He denies a third that claims he is also the father of her child.

2. For the men, the responses have ranged from hoping to afford the kind of wealth Davido has to give their own girlfriends “assurances,” to cursing Davido for raising the bar so high, it is now impractical to follow.

Given all the noise and pageantry, and especially for many women who are already fantasizing about wanting to have what Chioma has, I thought I’d just drop this article here so you all gain perspective.

First, for those abusing the baby mamas, in my view, I believe the baby mamas are actually better off, from a wealth standpoint than Chioma. They have children for Davido and he is stuck with their children from now until the children turn 18, at the very least. Also, depending on if child custody becomes an issue, the baby mamas, given Davido’s wealth, can have him funding/financing a rather lavish lifestyle, all in the name of taking care of his children through paternity support.

Chioma, on the other hand, has given up a lot for a Porsche. Porsche cars, depending on the year and model, can range from $46,000 to $200,000 and above.

Second, let’s assume Davido spent $200,000.00 on his Porsche gift for Chioma. What specifically did Chioma have to give up?

1. Image Rights: Davido made a song and video using Chioma’s name, likeness, image etc. Most likely, Chioma did not sign any name and likeness contract with Davido for compensation for what will be an indefinite use of her image and likeness. This means if they break up, which is definitely likely given many relationships do not last, Davido will continue to use her image and likeness forever. It’s his song, no be so?

By the way, it is important to note that Nigeria’s image rights laws are still in an infancy state and indeed do not afford the kind of protections we have seen in the UK, and the U.S. This, of course, further boosts my position that Chioma most likely did not sign such agreement with Davido.

2. Huge Royalty Fees:  Chioma likes to cook and has an Instagram food page called Chef Chioma, her persona. If Davido decided to open a restaurant for her in addition to the Porsche he bought her and the birthday parties, it would still come nothing close to what Chioma has given to Davido i.e. the freedom to use her image and likeness, all in the name of his professed love, in perpetuity in his song and music video “Assurance.”

This is because beyond the image rights, Davido will benefit from the use of Chioma’s image rights in the following ways:

Music publishing royalties
Davido will make money from the lyrics of the song “Assurance” which has Chioma’s name in the song and features her in the music video. His payment will include mechanical, performance and sync royalties.

Recording royalties
Davido will make money from the sale of the recorded song ‘Assurance.’

Live performance fees/royalties
Davido will make money from concerts, touring, endorsement deals, sponsorship deals, merchandising and more.

Given Davido’s massive global reach, and the “sweet love” element to the song that has everyone delirious, expect the royalties from ‘Assurance’ to easily exceed $1million. Also, all of Davido’s earnings from the song can be passed on to Davido’s heirs i.e. his children from his baby mamas in the case of his death, and continue indefinitely.

So ladies before you decide to go cook like Chioma so you can snag a Davido type of guy who will give you “assurance,” think of how much money he will make off you, and abeg, cool down for Jesus. If you decide to do it anyway, be smart, and make him sign an “assurance” via a name and likeness licensing agreement that pays you royalty fees for the use of your image, likeness etc. to promote and sell his music. That way, if and/or when you do break up, there will be no hard feelings. Also, remember that, depending on the type of Porsche he gives you, there most likely will be a depreciation in the market value of the car, while the royalties he makes off you will only appreciate in value.

So, negotiate well.Of course, his lawyer will object and try to negotiate a different deal. Get your lawyer involved from the onset. Contrary to popular beliefs, especially in African societies, as a woman, you can have love and still use your head like your loverboy/boyfriend is doing. Don’t get all emotional about the situation. If Chioma didn’t have significant value including her work on her Instagram page, Davido would not exploit her image and likeness, commercially. He is a smart man.

For the fellas, cut your coat according to your size. If you cannot afford a Davido kind of “assurance,” stay in your lane. If you can afford it, do get a lawyer to draft the necessary legal agreement that assures your rights to use the image and likeness of your current girlfriend that you want to play “assurance” with is guaranteed. Or else, when you break up, she may hit you with a big lawsuit that will have you wishing you had insurance on your Davido copy copy assurance loverboy move.

My 50 kobo for all it’s worth.

Cheers,
-Ms. Uduak

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AFRICA MUSIC LAW™ (AML) is a pioneering music business and entertainment law website and podcast show empowering the African artist and Africa's rapidly evolving entertainment industry through brilliant music business and entertainment law commentary and analysis, industry news, and exclusive interviews.

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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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