OWN YOUR TALENT, DON’T BE DUPED
The ABC of creative deals
While William Last KRM aka Motsetserepa was not willing to divulge reasons for ending the relationship before it even started, some insiders claim that he realised that he was being sold a raw deal.
A source, who spoke on condition of anonymity, said creatives are easy targets for dodgy characters looking to make a quick buck, and they are enticed into all sorts of deals that sound good on paper while they are in fact daylight robbery. “It is a good thing that William Last KRM woke up before it was too late. I won’t say with certainty that Bissau wanted to cheat him, but it is clear that there was something not right with the deal. I mean, five million is a lot of money but it sounds too good to be true. It would be nice if we had a breakdown of what that P5 million entails. Local artists being taken for a ride because they are believed to be dimwits. This calls for creatives to be more informed about the business side of business and understand issues of copyright and the legalities of deals. It is also important to read the fine print of a deal before signing. The problem is that some artists get excited by amounts and material possessions and don’t take the time to better understand the little details before signing. Generally, it is important to take the contract and read it over a few weeks before signing.” Lawyer Katlego Molefhe noted that that while creative law is lagging in Botswana, any person can solicit advise from any legal practice across the country. “Legalities are all the same – it is best to get someone who can explain the contract in lay man’s terms if you are confused by the jargon used,” he said. Molefhe pointed out that local artists should use the experiences of Fifi Cooper and Emtee in South Africa to learn that deals can be binding. “Like many other artists, they got burnt and learnt the hard way that it is important to understand the nitty gritty of contracts – when they wanted out, the contract bound them and in such cases, you have to pay a lot of money or offer your work to opt out of the deal or the other party is well within their rights to sue you for breach of contract.
The sad part is that some creatives get peanuts or nothing for their work, because they are still in the bubble of ‘fame.’ But ‘fame’ does not pay the bills and looking at the deplorable economic situation of many artists and other creatives, this is a lesson anyone in the arts industry should take seriously. Sometimes it is better to work your way from the bottom, register your own company and own your own work and employ people to do things for you such as bookings, marketing etc – have your own team
which you have control over and make sure you have ownership over your work. Most artists are duped by companies that claim they will represent them because they are offered advances and creative services, but in exchange for ownership of creative work. It is like selling soul to the devil. How much ownership and independence does one have in such a deal? It is better to work your way up, register your own company and have sole rights over your work.”