Most of our music producers do not realise how much they
still become part of the music they produce in terms of royalties. With the
coming in on the scene of modern producers there has been some movement from
Cosoma, so I have heard.
Now there is a section on those forms that artists fill when
registering their products with Cosoma where name of a producer is indicated.
Like I said last week, Cosoma benefits a lot from the
ignorance of artists and therefore operate in secrecy. There is no knowing, how
much in royalties these music producers are owed. What is even ironic is that if
musical artists themselves are complaining that they are never given what is
owed to them in royalties, can a producer really receive anything at all.
If Cosoma cannot release a full list of those musicians to
receive royalties, can one really expect them to even have one for music
producers? Or is there indeed any arrangement for producers.
Heather McDonald notes that most producers want to help make
songs of artists the best they can be. In the process, he warns that a bad deal
with a producer can haunt musicians for a long time.
'There could be best ways to prevent a nightmarish scenario by
merely understanding how producers are compensated for their work so the
musician can accurately evaluate the deal that's on the table'.
The big place to look at are in three folds: advances,
royalties, and recording fees.
There is no across the board telling on how producers can get
paid, but it all depends on the terms in contracts which apparently vary
significantly based on the genre of the music, the bargaining power of the
producer and how big or small the musician in the deal is.
Unlike in Malawi, producers in the advanced music industries
have two main streams of income which is what they call advances and royalties.
A new entrant in the producing industry cannot get advances as
their portfolio is in the formative stages. Most of our local producers get a
per-song fee and the amount variation is influenced by many factors. One factor
is when there is a label involved and if such label is local or international,
independent, or a major record company.
The producer therefore, benefits from recording fees and
royalties. For years Malawi's local producers like late Chuma Soko, Sir Paul
Banda with his IY Studio, used to only charge recording fees. If we go to Sir
Paul Banda today I pretty much doubt if he will tell me he has ever received
royalties for producing numerous tracks now aplenty in the musical spaces.
The element of getting advance in the Malawi scenario comes
at the back of recording fees where upon agreeing to record an album the
producer can get paid 80 percent for a 12 track album when he has only produced
just one song. But in industries where advances are paid, Heather says they might
include the actual recording cost when producers work in their own studios which
is sometimes called a fund deal.
He also says it's up to the producer to make it clear in the
contract what percentage of the funds go to the advance and how much is
considered a recording fee.
Now where the difference is, is 'that recording fees aren't
generally recoupable against producer royalties, but advances should be
recoupable or subtracted from royalties ultimately paid to the producer, just
as the name suggests. Its advance money that will technically be earned later'.
He says many producers receive a percentage of an artist's
royalties earned on an album which are also called "points", where
one point equals 1 percent.
The explanation is that traditionally, the royalty is based
on how the artist was paid, which is typically a percentage of the record’s
sales price multiplied by the number of CDs or downloads sold. The record
royalty to the artist is around 15 percent to 16 percent of the sales price of
the audio product.
In this case Heather says the record royalty for a music
producer is usually between 3 percent and 4 percent of the record’s sales
price, or 20 percent to 25 percent of the artist's royalties. I wonder how it
is calculated at Cosoma, if there is any at all.
The other thing is that producers are typically paid
"record one" royalties which are paid for every album sold, unlike
artists who only receive royalties after recording costs have been recouped.
My questions still goes to Cosoma to show us the list of
royalty beneficiaries… Is it possible? And which authoritative doors can we
knock on to force Cosoma to comply?
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