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ROYALTIES WON’T BE BACKDATED

23/02/2023 07:03:00 Nombuso Dlamini

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MBABANE – After it was announced that the Copyright Board was hiring and the society had the ball rolling on giving local artists what they had promised, they have come out with rather deterring news.

The Eswatini Copyright and Neighbouring Rights Society Board mentioned that they would not be paying or rather collecting royalties on behalf of artists who have had their music aired on radio stations, malls and other places where the society will be collecting after they are functional. The Copyright Board Chairperson Samkeliso Nxumalo mentioned that they were guided by the act, which stated that they would not be back dating and assisting artists who have had their music aired from way before the board was functional.

This response was something that was a concern to most artists who were excited by the news of the board hiring, meaning that they were steps closer to finally collecting royalties. But there was also a huge concern from the artists, who were worried about where they would be collecting for their music, which had been on air and other places. Fakazi Samuel had raised a query on whether artists like Shongwe and Khuphuka Saved Group, Vusi Shiba and many more would receive their royalties now after so many years, and the chairman’s answer came as a boulder on the chests of artists, who have hoped otherwise especially because other countries operated differently.

Aided

Other countries which have aided artists with the collection of royalties for many years, for example South Africa (SA), do back date and award artists royalties for music that was registered and played. Most of the collection societies and other pay sources that are used in other countries are able to collect royalties as far back as two or three years. Some more, some less. They do not guarantee retroactive pay-outs, however, as they depend on individual societies and any deals one may have struck with publishers before.

The most sure-fire way to earn retroactive royalties is to add all of your titles on Songtrust with the correct co-writers and splits, along with any related ISRC recording information. It is worth noting that for Eswatini, because the Board is still in the process of building its internal structures, platforms like Songtrust are still unavailable. One example of how Songtrust works is that if they successfully collect your retroactive royalties, this payment will most likely come two or three quarters after your first royalty statement from Songtrust.

For example, if your first royalty statement from Songtrust was in the first quarter, then you can expect to see retroactive money start coming in during the second and third quarter of the same year. Nxumalo highlighted previously how artists would be well educated about royalties and the act locally, as compared to other countries. What does royalty collection really mean? Having your music played on radio, mall or in supermarkets can earn you an income? Every time your song plays you are owed broadcasting royalties? Actually, internationally, artists like Chris Brown, Beyonce are making a lot of money just from collecting royalties for their music.

Now that Eswatini has a Copyright Board, it means that local artists will not have to rely on bookings anymore because the work that they had released will make them money. In an interview with Afro Soul singer Judah, he highlighted how royalties made money for their artists even after they had passed away because the more their music was played, the more money they collected. That is the basic message that is pushed forth by the Copyrights Act that was enacted on March 16, 2022, by law, to protect the original work of artists. Their main objective is to induce and reward artists through provision of property rights and make sure that artist’s works are available for the public to enjoy. For an artist to be paid for their royalties (payment which is collected from businesses and broadcasters) they have to register their music, but bearing in mind that the kingdom lacks the structures that are needed for the artists to be registered.

Then came the Southern African Music Rights Organisation (SAMRO) which was established to regulate the payment of artists in the Kingdom of Eswatini. SAMRO is a copyright asset management society that was established to aid artists, however, it’s situated in SA. The process of registration is challenging as it is done online and takes longer for local artists. After the registration application has been confirmed, the organisation can collect royalties from radio stations in southern Africa every time an artists’ song is aired. The artist or their publishing company, if signed to one, collects those royalties from radio stations and distributes them among the songwriter, composer and artist.

Earns

According to SAMRO, one spin of your song on a prominent station in neighbouring countries like SA earns artists anywhere from R60 –R200 on radio stations like Kfm or 947. Due to the population of the country, we can’t compare the pay to SA’s stations because Eswatini may have smaller listenership or smaller advertising income. Locally, artists can also benefit from public performance royalties. Public performance royalties are the most common type of royalties, and a substantial part of the earnings that come from the exploitation of a song, to simplify the idea: every time someone broadcasts your song on radio, TV, in cinemas, restaurants or clubs, they have to pay a fee.

The same also applies when your song is performed live by anyone, including yourself. As you can imagine, the more artists, authors or owners you work with, the more complicated it is to handle, split and organise royalties. That is why royalties are often collected by external parties called Performance Rights Organisations (PRO) and Collective Management Organisations (CMO).

To make things easier, these societies issue a so-called blanket licence: this is a flat fee any radio station, club, or restaurant, for instance, will pay to be allowed to play any songs of the members represented by the collection society. The appointed society then takes care of redistributing the money to the owners based on each song’s utilisation. There are a few more topics that artists are urged to look into including mechanical royalties, needle time, the process of registering and the actual Copyright Act. The act will help artists’ know the channels that are available for in within the borders of Eswatini.