Yesterday, the public became aware of the official divorce between artist Mo’Cheddah and record label KnightHouse. For many industry insiders, the whispers had been ongoing, the drama known to some but now it is officially in the open.
In line with the split, the duo released a statement to the press of which I published here on AML yesterday. That same yesterday, YNaija.com published an interview it snagged with both parties. AML people, now this is where we become interested.
If you are so inclined, feel free to print the release/article from the Mo’Cheddah v. KnightHouse Music Divorce case. After you do, take a pen and put a big “X” in the middle of the paper you have just printed. For our purposes, all things written from all parties are inconsequential and unnecessary “yarns.” At the end of the day all we want to know is one thing only:
Who owns the copyright?
Artists and labels divorce all the time, around the globe we have seen this. Nigeria’s music industry will not be the exception to the rule. Indeed we have seen so many music divorces in our industry. A label like Storm 360 has lost so much money because many of its artists i.e. Ikechukwu, Jazzman Olofin, Darey Art Alade, GT the Guitarman, and the list goes on, sought greener pastures elsewhere. Kennis Music lost 2Face, Chocolate City lost Djinee and really the list goes on. It is what it is. Too bad, so sad. Keep it moving.
Accordingly, at the heart of any music divorce case is really who walks away with the assets from the marriage? The real deal about the spilt and the sole and most important concern to artists and labels reading this is again,
WHO OWNS THE COPYRIGHT?
For seven years, Mo’Cheddah has given KnightHouse all of her music creativity, all “patatata.” What will she walk out of this divorce with? Who gets the house (the intellectual property rights)? Who gets to keep the expensive furniture (the nicely packaged “Franchise Celebrity’ album?”)
We do know the answer here. The Ynaija.com article tells us KnightHouse keeps the copyright.
AML Artists this is where you look around for the closest chair and sit down. You should feel very humble right about now, grab your pen and paper and pay attention.
AML Indie labels, you should be intrigued, try not to show that you are too happy, sit down, get your pen and paper and take notes.
Artists If You Own Your Copyright, You Own Your Own Songs and How Others Use it. The Mo’Cheddah/Artist View.
Yesterday for my Valentine’s message to you all, I said there is no getting around the fact that if you will create music in the industry and expect to sell your music, you have to deal with the law, specifically copyright law. I also told you all to make your lawyers your best friends.
Just in case you missed the memo, lawyers have a reputation for not being liked, that is of course until someone gets into trouble then all of a sudden folks wanna be cool with lawyers. Lawyers are not in the business of being liked. Lawyers are in the business of zealously protecting their client’s interests i.e. fighting for them and helping them make money, especially in the entertainment industry.
So, artists et al., don’t be concerned about being friends with your lawyers. Focus on finding the best and sharp legal minds in the entertainment industry, hopefully, you can afford to pay, and then hang on to them like your music life depended on them because it does, if you do not want to get screwed over.
Alright, I’m done with the spill. Rolling my sleeves and getting a bit more into this so you come away understanding the need for legal counsel in your neck of the woods, let’s look at the parties in this case.
MO’CHEDDAH & KNIGHTHO– USE’S MARRIAGE & DIVORCE
1. Mo’Cheddah has invested 7 years plus in the music business with KnightHouse, feel free to correct me on the number of years.
2. In 2010 she launched the “Franchise Celebrity Album” her freshman album under the KnightHouse label.
3. Ms. Mo’Cheddah began her career under KnightHouse in her late teens.
4. Nigeria does not really have a royalty based payment system. While Mo’Cheddah participated in the Hennessy Artistry campaign within the seven-year period, there is a high probability that she does not have residual income through royalties.
5. To date, there is no real numerical quantification of how successful her album was. We know it launched in 2010 but promotion after 2010 has been silent, at best.
6. Mo’Cheddah, like the majority of the artists who have been lucky to be in demand in Nigeria’s music industry, has performed at a handful of concerts across Nigeria. She has also won a few awards but that has been it.
7. Bottom line, seven (7) years later, she now has a limited income from music because she is not as in demand as she used to be and the major part of this story, she now leaves KnightHouse without her copyrights. Whoa! Off the hook.
8. Folks, get this. If you are an artist who started in your mid-20s, you would be hitting almost early 30s if you put seven (7) years into music with a label. When you break up with that label, the inevitable side effects of doing business, you don’t even get to keep your copyrights? That’s deep! This scenario has happened for decades in America’s music industry and many famous musicians have gone broke and remain indebted to labels.
In the 21st century and in the digital age that has broken down barriers between artists, labels and the public, Nigeria and/or Ghana’s music industry script does not have to read like America’s.
In even more simple English for all AML artists reading this, Mo’Cheddah’s situation means Mo’Cheddah does not own her masters. She does not own her songs. She does not own the publishing and she definitely does not own any part of the audiovisuals.
It means as popular as her songs are “Ko maa Roll,” “If You Want Me” etc. she will need a release/permission from KnightHouse to even perform these songs because the performance rights and all copyrights, in general, belong to KnightHouse according to the YNaija.com reported story which included direct talks with the parties.
What should she have done differently? With her attorney going to bat for her, her goal would have been, from the onset, to keep more rights and give a limited number of albums to KnightHouse.
Now let’s look at KnightHouse. AML label owners what’s good?
I talked about Storm 360 and the many artists they lost. Often as you all know, artists have the weirdest mindset that they are supposed to get things for free. As I have said repeatedly, the music business is not an “oga or madam dash me money” business. We need to work hard as a society to get rid of that handout mentality. Labels educate your artists that you run a business. Artists, you have an obligation to know and educate yourselves about the thing you say you are most passionate about, music. This includes the business of music.
It takes money, and lots of it, to run a successful business. Here is the gist about KnightHouse:
1. They are a relatively young record label
2. For seven (7) years plus, they invested monies in their superstar Mo’Cheddah. From advances to other resources, time and packaging, grooming and promoting her to be what she is today. No one knew about Mo”Cheddah until KnightHouse put in all the work and did what they did. Of course they should get a high return on their investments. Are you kidding me? Frankly, Mo’Cheddah is lucky they are not holding her feet to the fire to produce even more albums for them and screaming breach of contract; obviously this depends on the terms of agreement and settlement they were finally able to work out.
3. Most reasonable labels will not agree to sign any artist so they can produce just one album for them, especially an artist that they are building from scratch. It makes no economic sense.
As to owning all the copyrights both to her songs, Mo’Cheddah is an adult, even at the time she allegedly she signed with KnightHouse, she was an adult. For them to not own the copyright given all the investments they have made would be plain ridiculous for lack of a better word. They are yet to turn a real profit and make a real return on their investments.
When did the freshman album come out? In 2010. How many tours has Mo’Cheddah done? She has been quiet for a while and finishing school. All around, they did what they had to do. They are letting her out of the record deal and life goes on. It is what it is.
WHAT DOES A LABEL WANT?
-As many albums as possible
-Keep as many rights as they possibly can
MO’CHEDDAH & KNIGHTHO– USE POST DIVORCE
Now what? Often when people divorce or breakup, they run into the next relationship not sitting back, reflecting and saying what exactly are the lessons and insights to gain here? Some people can just never be alone or go it alone. So, they jump from one relationship to another constantly running from that self-assessment so they don’t make the same mistake again.
For Mo’Chedah, however, her statements show she is clearly not interested in jumping into another serious relationship right away. She is meeting people, she has new relationships with colleagues and she has some new projects she is working on . . .
For KnightHouse, their superstar is gone. It has to do some evaluation also. Indie labels and labels in general, yes there will always be that 1 or 2 superstars on your roster but you cannot just focus on your superstars. Expect the unexpected in this business and invest in others on your roster. It is better to have multiple streams of income coming through the door than to lose your star and barely make money off the rest of your no-name artists because you really did not promote them as you should have. Do not put all your eggs in one basket?
What Next, What Now?
I would venture to say Mo’Cheddah should go it alone. Given the digital space, her exposure, experience, and notoriety, she is more than adequately prepared to go it alone.
Also, we need more women in the music business and frankly, a label consisting of experienced women as executives will change the game a bit. We need women who can begin making music, grooming and prepping the next generation of female musicians. Our women should not be told they have to sleep with anybody, dress, act or behave a certain way to be successful. I hope Mo’Cheddah, among others, become pioneers of a label whose executives are women.
While we wait to see what happens next, I’ll conclude with the following thoughts: divorce is a reality in the music industry. Entertainment lawyers like me say, “too bad, so sad. Life goes on. Keep it moving.” Of paramount concern is who owns the copyright? In the final analysis, that is all that matters for all parties involved. Everything else is just yarns.
Cheers,
-Ms. Uduak