Credit Where It’s Due: How Musicians Can Safeguard Their Contributions in Informal Settings

In the music industry, it's common for artists to collaborate informally, driven by a shared passion for creating. However, the recent case involving South African musician Samthing Soweto and the track 'Amalanga Awafani' illustrates the risks of neglecting the business side of these creative partnerships. Despite contributing his vocals, Samthing Soweto was not credited when the song was released, leading to public outrage on X (formerly Twitter), with fans demanding he be properly acknowledged. The situation was made worse by the fact that no contract had been signed, as the collaboration took place under a "brotherhood" mentality—a common but risky approach.

This incident highlights an important lesson for musicians: while collaboration may be rooted in friendship or mutual respect, it’s critical to ensure that everyone involved understands the business and legal implications of the work. Unfortunately, verbal agreements can often lead to misunderstandings, especially when it comes to credit, ownership, or royalties.

A formal written contract, even in informal collaborations, can go a long way in preventing disputes. Such a contract doesn’t need to be overly complex, but it should clearly set out each artist’s contribution, how they will be credited, and how revenue and royalties will be shared. This is particularly important as platforms like Apple Music, Spotify, and others rely heavily on metadata to properly allocate credits and payments to the respective contributors. 

Artists should also consider working with a legal advisor who understands the intricacies of music law. A lawyer can ensure that the agreement covers all necessary aspects, such as intellectual property rights, royalties, and dispute resolution. In situations like this one, where a contributor is overlooked, a contract would have safeguarded Samthing Soweto’s right to be recognized and compensated.

Below is a sample agreement that musicians can use to outline their collaboration terms. This is a sample document and should not be taken as legal advice. It is highly recommended that artists consult with a lawyer to draft or review any agreements before signing.

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Sample Collaboration Agreement

This Agreement is made on [Insert Date] by and between the following parties:

- [Artist 1 Name] (hereafter referred to as "Artist 1")

- [Artist 2 Name] (hereafter referred to as "Artist 2")

Collectively referred to as "the Artists."

1. Purpose of Agreement

The purpose of this Agreement is to establish the terms under which the Artists will collaborate on a musical work, tentatively titled [Song Title] (hereafter referred to as "the Work").

2. Contributions

- Artist 1 will contribute the following: [Insert specific contribution, e.g., vocals, lyrics, production].

- Artist 2 will contribute the following: [Insert specific contribution, e.g., instrumental composition, arrangement, mixing].

3. Credits

The Artists agree that the following credits will appear wherever the Work is distributed or made available to the public:

- Artist 1 will be credited as: [Insert credit].

- Artist 2 will be credited as: [Insert credit].

4. Royalties and Revenue Share

The Artists agree that any royalties or revenue generated from the Work, including but not limited to streaming, performances, and sales, will be shared as follows:

- Artist 1: [Percentage]%

- Artist 2: [Percentage]%

Payments will be made via [Insert payment method, e.g., bank transfer] on a quarterly/annual basis.

5. Ownership of Intellectual Property

The Work and all related rights, including but not limited to copyrights, shall be jointly owned by the Artists in the following proportions:

- Artist 1: [Percentage]%

- Artist 2: [Percentage]%

Each artist retains the right to license or use their individual contributions in other projects, provided that such use does not conflict with the distribution of the Work.

6. Dispute Resolution

In the event of a disagreement arising from this Agreement, the Artists agree to resolve the matter amicably. If this fails, the dispute will be referred to [Insert method, e.g., mediation or arbitration] in accordance with the laws of [Insert jurisdiction].

7. Termination

This Agreement may be terminated by either party with written notice. However, obligations regarding credits, royalties, and intellectual property will survive the termination.

8. Signature

By signing below, the Artists agree to the terms of this Agreement:

Artist 1 Name: ___________________  

Signature: _______________________

Artist 2 Name: ___________________  

Signature: _______________________

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Disclaimer:

This sample agreement is for illustrative purposes only and does not constitute legal advice. Artists are advised to consult with a qualified lawyer to ensure that any agreement they sign is legally sound and appropriate for their specific situation.

The StartUp Legal is a legal consultancy that provides quality legal services and support to SMEs, at affordable rates. For personalized legal advice and support, consider consulting with The StartUp Legal, your trusted partner in navigating the legal landscape of entrepreneurship. Book a complimentary consultation with us using the following link: https://calendar.app.google/A1CTYaqbwUXjdn346