Need to regulate music industry
“We will either find a way, or make one.”
MBABANE – Historically, sustainably monetising a career in the arts has been a challenge which the artists body wishes can change for the local industry.
*lobally, only a select few artists are typically able to survive entirely on their creative endeavours, with the vast maMority seeNing supplementary income through secondary worN. 7his is also the case in (swatini as most of the artists, be it comedians, D-s and the liNes, need to have sec ondary Mobs in order to survive. 7his often taNes valuable time away from their creative process. Artists in (swatini are looNing to change that, pushing for greater recognition and compensation for their invaluable worN. A selection of movers and shaNers in the industry have spoNen about their perception of the enter tainment industry locally, and ways it could be improved by audiences and the government aliNe.
7he co founder -HOHOH FRP, 3aul µDr 3¶ 7arvis, believes that the arts industry is currently undergoing a period of transition, which artists could influence positively by pushing for a formalisation of regulatory and payment structures. ³So in hindsight, we are maNing progress. 3eople are aware of what it taNes to compete in the art space, so it is time to practice it. :hat we need to do now is to be consistent in what we do so a maMor ity can be on board. Only then will we see a proper industry with creative earn ing
a decent living,” shared 7arvis.
.ing 7erry, a rapper, believes in the potential of the arts industry in (swatini, but sees space for greater organisation within the space. ³I am living proof of how it¶s possible to live on arts, but I¶ve also had to, from time to time, do other worN to survive,” he said. ³+aving been around the music industry for so long, I can easily say the corporate space is ready to open its doors to artists who will bring results.”
Results
7he rapper also opined that ³As artists, we need to understand that this is a business and any booN ing of any sort is an investment on someone¶s part, meaning results and delivery are reTuired.”
(vents promoter, 9elile 0sweli, believes the entertainment industry still has a long way to go before they reach an international level. ³Our sector needs more capital investment from government and the private sec tor,” he offered. Also, the attitude of local artists needs to change, and they all need to understand that we have to worN to gether in order to chart a clear way forward. /astly, events need to be regulated as we are seeing a lot of inexpe rienced peo ple hosting events and this pos es a high risN fac tor for every one in volved,” he said, offering his exper tise. It is clear that local artists are eager to devote their lives to creating valuable, exciting pieces and content for the citi]ens of (swatini to enMoy. It is also clear, however, that they reTuire the support of their audience, patrons and government to maNe that happen. 7o ensure that our nation is producing art that stands out interna tionally, we as citi]ens must actively be champions of local artists. 7his means attending shows and exhibi tions, purchasing merchandise and products when they become available, and choosing local whenever possible.
Exploitation
Artists have called on *overnment of (swatini to looN into formalising their pay rates. Some artists said there should be a minimum fee one which is proportional to the cost of maNing and marNeting music. According to some veteran artists, it is no secret that music and arts industry had long been considered an industry that did not pay in (swatini and that has cre ated a culture of exploitation among event organisers and artists. 7hese sentiments were also shared by former Asso ciation of &hristian Artists in (swatini. A&A(S :A presi dent, 3het sile 0asilela during the (swati ni *ospel Awards in
, where she shared that there should be a regulated pay for all artists.
The co-founder of Jelele.com, Paul ‘Dr P’ Tarvis. (R) Rapper King Terry was also part of the conversation about the regulation of pay and said had tremendous faith in the industry. 7he former president and artist sighted how expensive it was for artists to pro duce music and distribute it, but not getting half of what they spent bacN.
Another artist, who spoNe anony mously said, ³7he attitude of µit¶s only Must music¶ is way past its expiration date and everyone needs to understand that art costs money. If an artist is to render a set, there must be a fee paid for those services, unless otherwise arranged.
Self-sufficient
³If we understand the principles of this industry, then it does not maNe sense to use these young talented art ists as fillers for next to nothing while empowering self sufficient artists,” said another artist.
(swatini Arts and 0usic Association S:A0A 3resident /utfo Dlamini outlined the importance of this issue and said there was a need to enforce it. ³If the price of bread can be regu lated, so can artists¶ pay,” said Dlamini.
³Our artists truly deserve to be paid for their efforts, I truly support this positive regulation,” said Dlamini. ³Our entertainment industry, through the Office of Arts and &ulture, needs to benchmarN a minimum fee for artists and this must be done through legislative support,” he said. 7he president also stressed that S:A0A was willing to help the (swatini 1ational &ouncil of Arts and &ulture (1&A& in maNing sure that artists were paid regulated fees and how this must be weighed in contrast to the si]e of the venue and attendance or magnitude of the show.
0eanwhile (1&A& &hief (xec utive Officer Stanley Dlamini men tioned that the office was yet to meet, these are the concerns and contribu tions that they would liNe to see, which will be then discussed.
:hen benchmarNing with interna tional countries, with well established music industries, it was established that they have regulated pay. (very one who worNs in the music industry is subMect to laws that govern their rights and actions. 0usic publishers must abide by these laws, as well as artists, producers, promoters and executives. 7hese laws pertain to the terms and conditions of record deals print licensing for sheet music, royalties for artists¶ public perfor mances, and more. Anyone who fails to fulfil terms of a contract can be sued for breach of contract, which might involve a lawsuit in which the other party tries to recover damages. Discrimination and wrongful termi nation are other common issues that can arise.
Activities
0usic law in countries liNe the 8nited States of America 8SA governs the activities of musicians, record producers and those worNing on behalf of recording companies. A number of legal issues often occur during the execution of entertainment deals and other business transactions. 7hese issues include recording con tracts, copyright issues, royalties, compulsory cover licensing, and more. 8nderstanding copyright is one of the foundational aspects of music law. A copyright is a legal instrument that protects original worNs of author ship. 7hese worNs include any type of artistic, literary, musical, or dramatic creation such as booNs, poetry, mov ies, music, lyrics, computer software, and architecture.
After writing music or lyrics, a composer or songwriter can register a copyright that will protect this in tellectual property.
7he copyright remains in effect for years after the death of the artist. :hen a cop yright lists more than one creating artist, the protec tion lasts for years from the date of death of the last surviving person. 7he &opy right Act of was instrumental in outlining a number of rules that pertain directly to music law and copyright. According to this law, music and songs published prior to are considered to be part of the public domain. 7his means that these artistic worNs are no longer protected by copyright.