Showing posts with label Digital Media. Show all posts
Showing posts with label Digital Media. Show all posts

Wednesday, 15 November 2017

Afro Ng'ombe

Kenyan Company Secures Music Licensing Rights to Stream Global Catalog

Select your location on Mdundo
The big international music news in Africa is usually about an African artist signing with an American label, but this time, Mdundo.com has flipped the meza.  Mdundo has licensed the rights to stream Warner Music's catalog in Kenya, Uganda, Tanzania and Nigeria (one of these things is not like the others...). Disrupt Africa and Billboard provide some details, including much optimism from Mdundo CEO Martin Nielsen and Africa Warner Music South Africa Director Tracy Fraser.

Mdundo has been operating for five years and happens to one of Afro-Ng'ombe's favorite spots to find new African tracks.  (See a little footnote here from Kingsley's tour d'Africa in 2012.)  The Kenyan company received start-up capital from Berlin-based incubator 88mph, which focuses on web and mobile startups that target the African markets.  From the beginning, it sought to set itself apart as a service that not only provided accessible music to listeners but also paid artists.  (Phillip Nyalenda broke down the payment math last year here.)  Originally, Mdundo users purchased music via scratch cards like those used for mobile top-up minutes.  Now they can download, stream and pay directly from their phones or PCs. 

Mdundo features music from around the continent and has specific website arrangements targeted for users in Kenya, Tanzania, South Africa, Nigeria, Uganda, Ghana, Mozambique, Zimbabwe and Zambia.  The news reports do not mention why South Africa, Ghana, Mozambique, Zimbabwe and Zambia are not included for streaming rights.  Speculations, especially from people and animals hanging out on an IP blog, may focus on copyright law and issues commonly associated with digital music, such as internet service provider (ISP) liability and making available rights.  But not all of the countries where the Warner catalog will be available through Mdundo have these in their current laws.  This leads Afro-Ng'ombe to shrug, moo, and assume it has something to do with market demand verses costs; South Africa and Ghana may already have platforms distributing Warner's music. (And to this Zed music fan, it seems Zambia and Zimbabwe are often left out.)  In any case, and it is quite exciting to see an African-based company distributing external content instead of vice versa.

As always, thoughts and more info are welcome in the comments!  For those interested in more info about Mdundo, there is an in-depth interview with CEO Nielsen here.

Hat tip to @dorianpeters and @ellabmosheim.
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Wednesday, 31 August 2016

Afro Ng'ombe

IP and African Music Industries: An Interview with Phil Chard - part 2

Phil Chard
Welcome to part two of Little Leo’s interview* with Phil Chard from African Hip Hop Blog and Two Broke Twimbos.  In this segment, we discuss music-making as a career—building respect for the industry within the industry and how respect for copyright comes into play. (If you missed it: Part 1.)
Little Leo:  When you’re talking about how African artists can do everything themselves, it sounds like a label doesn’t have a value add.  But Cassper Nyovest, he has other artists on his Family Tree label.  So, that sounds like there are some artists where they’re not able to do everything themselves or that for them it does make sense to be on a label.  How do artists pick and choose whether they need to pull it all together or whether they should find a label or find somebody else to manage the team?
Phil:  It all depends.  I had a series of posts actually last year where I explained that one of the reasons industries in Africa are failing, especially in Zimbabwe, is that asking an artist to be a creative and then also to be a business man is asking too much of them.  Not everyone can do that.  So in the event where an artist is only good at being an artist but isn’t good at figuring out how to promote themselves or how to get bookings, how to build their brand, in that instance you bring someone on as a manager or publicist, or you go on a label where those systems are already in place.  But especially if you’re big enough or have a big enough hit that garners you a certain amount of income, a certain amount of leverage, there’s no need to sign to a label because you can pull that yourself.
Wizkid did the same thing.  Wizkid was signed under Banky W.  Then he became bigger than the label, and he was like “ok, it’s time for me to leave the label and start my own thing.”  And he surrounded himself with a team of individuals that know how to handle it.  So it’s just a matter of thinking long term, building your brand and scaling up.
If you’re an upstart and all you have time for is making music and you don’t have time for anything else, then of course you need to surround yourself with a team.  What you have to do is figure out how to manage those costs.  If you can’t afford to pay them commission, give them IOUs, whatever it may be.  But a lot of artists don’t realize that, which is also the basis of my rant.  You’ll find a lot of young artists complaining.  It’s very odd, even with our website.  We have very clear guidelines; if you want to submit your music, everyone’s on an equal platform.  But submit it the right way.  Don’t just come out of the blue and spam me with links on Twitter, because if I don’t know you, I’m not going to click on those links.  You haven’t built a reputation with me.
We’ve actually put up a number of posts about how artists can submit.  If you want to do that on Twitter, build a relationship, build a rapport with me so that if you do tweet me, I know “Oh, this is this guy.  I know his stuff; it’s worth checking out.”  But I’m not going to be on Twitter the whole day clicking on links, because I’ve got better things to do with my time.  So stuff like that, they’ll send you stuff, it’ll get ignored.  They’ll rant. “Oh, Phil doesn’t look out for us.  Phil hates us.”  One of the popular things is—I’m a Zimbabwean by birth—so artists look to me like, “ok, Phil is known continentally, so he’s the guy we should speak to in order to blow up.”  But they don’t submit their music.  They’ll send me music via WhatsApp.  They’ll send me music via Facebook.  They’ll send me music on Twitter.  And the moment I see that stuff, I’m ignoring it.  And then they’ll immediately say “Phil is ignoring us.”
There was one guy who actually did an audit of the stuff and was like “Phil, we’ve done an audit of all the stuff you’ve posted and 10% of your content is Zimbabwean, which is wrong.”  And I went into a long tirade about I’m not the Zimbabwean Hip Hop Blog that posts African hip hop occasionally; I’m the African Hip Hop Blog, so I’m posting relevant content.  If your music isn’t on par with everyone else on the continent, it’s not my fault; it’s your fault.  I’m not here to hold your hand.  I owe you guys nothing.
L:  Industry size-wise, that’s not exactly a bad percentage.
P:  Exactly.  I’m a human being.  I have biases.  My biases are to the people that are from my home nation.  If you send me good stuff and it’s half-way decent, I’m going to give you a fair shot.  But do it right.  That’s the main issue.
Artists don’t take their craft seriously.  You want to do an interview with them and you email them or you message them.  They don’t get back to you or they give you times and they forget about the interview.  You give them a call, “oh sorry, I’m out right now,” “I’m in the studio,” “I’m passed out,” “I’m high.”  It’s just a long list of complaints.  Or, you’re a blogger dedicated to this stuff, and you analyze their work and you know their work well.  And it’s like—In America, the media evolved somewhat—but it’s similar to what Good Morning America does or what Breakfast Radio does where you only have an artist for a short amount of time, so the interviews are very limited.  So if they don’t have a project out, it’s literally, “So you recorded this movie?  Oh great, how was it?  Oh that’s dope.  Ok, so, what’s your favorite color?  Um, do you like dogs?”  And the interview’s over, so there’s no real content.  And over here now, the sad thing is, mainstream long-form interviews do that same type of stuff.  They’ll literally have maybe 10 questions and thereafter they’re now playing games with artists.  “So let’s play a game of word association; tell me, if you were a dog, what type of dog would you be?”  That type of stuff, which is literally why I started Two Broke Twimbos, because I was tired of hearing the same old crap.
I’m listening to all these amazing American podcasts where their delving in, like Mark Maron and Combat Jack where they’re delving into the careers of artists for 3 hours and you leave that podcast knowing everything of these amazing stories.  But, in Africa, no one knows anything about anyone.  And there’s no one cataloging that stuff.  So that’s why I started that podcast.  And now we have a situation where sometimes when I interview artists, they get shocked as to how well-researched the interviews are.  And they’ll even start complaining, like “yo, this interview’s going for 30 minutes, really do you still want to keep talking?”  And I’m like, “yeah, we haven’t even got half-way through.”  But they’ll rather go and do those cheap, tacky interviews that really add no value to their brand because it’s quote-unquote traditional media.  But that's the same traditional media that goes recycling people’s stories, so the moment a woman tweets that she’s pregnant by artist so-and-so, they’ll run that headline without verifying anything.  And in your mind, your like, ‘but you chose to go to those people and give them a platform, but it’s clear they don’t respect your craft.”
L:  It sounds like you’re also saying in some ways the artists don’t respect their craft, that they’re not taking it seriously.
P:  To a certain extent, it’s true.  There’s a culture here, a microwavable culture.  Everyone is trying to get the next big hit, the next big headline, the next trending topic, with no real consideration to the long-term ramifications of what they’re doing.  And it gets frustrating.  Even large organizations, they’ll rather have a quote-unquote Twitter celebrity do an absolutely pointless interview than have people that actually produce quality editorial content do that stuff.  And it seeps down to the consumer because now the consumer is like “why should I spend 30 minutes of my time watching this good interview, when I can watch a listicle that’s 3 minutes, that tells me nothing but is entertaining.”  So, it now devalues the content across the board.
We’ll break here and resume part 3 with the nuanced relationship between artists and copyright.
*The conversation has been edited for clarity and reading ease; it is not an exact transcript.
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Friday, 7 December 2012

Anonymous

Nigeria to impose copyright levies on "everything under the sun"


Afro-IP thanks Chukwuyere Izuogu, Streamsowers & Köhn for drawing our attention to this press release  that Nigeria's Attorney-General and Minister of Justice, Mr. Mohammed Bello Adoke SAN has granted the Nigerian Copyright Commission (NCC) an approval to issue the Copyright (Levy of Materials) Order 2012. Chronologically, this is what the press release tells us:


Products affected by the levy ("TAX" in Afro Leo's dictionary)
The Order allows the NCC to impose a levy on products such as "Audio Cassettes, Mini Discs, CDs, DVDs, Blu-ray, SD Memory Cards, Video Cassettes, USB Flash drives, I-Pods and Photocopying Paper. Others are equipment and devices like Photocopying Machines, MP3 Players, Digital Juke box, Mobile Phones, CD recorders, DVD Recorders, Blu Ray Recorders, Computer External Hard Drives, Analogue Audio Recorders, Analogue Video Recorders, Personal Computers, Printing Plates, Printers/Printing Machines, Radio/TV Sets enabling recording, Camcorders and Decoders/Signal Receivers" (Wow, this is what Afro Leo calls "everything under the sun". What about printing ink and cartridges? He can imagine manufacturers and/or dealers of these products now scratching their heads on how much they may have to pay over to the authorities and how to pass on the costs to consumers. Isn't it a bit strange that given the technological advancement in Africa in recent times, certain policies are springing up in Africa with intellectual property (IP), somehow, at the heart of it? Afro Leo can imagine an awkward but funny scenario where a mobile phone manufacturer lobby the Nigerian government to impose strict control on mobile phones in order to combat counterfeits, only to later find itself facing a levy - initiated by another IP owner e.g. a publisher - on its phones.)


Destination of the levy
The collected sums would be paid into a special fund to be created by the Commission and the beneficiaries would be approved collective management organisations (CMOs) and other agencies involved in the scheme. It is further noted that the Commission would retain 20% for anti-piracy initiatives and another 10% to promote creativity (Afro Leo can see why the NCC need more sources of income to discharge its mandate. He hopes that the NCC would not, one day, face a legal challenge on the proportionality or legality of this levy)

Why the levy and who pays?
The principle behind the levy is based on the "pro-author" provisions in the Nigerian Copyright Act, and "aimed at controlling acts of piracy and copyright abuses such as excessive photocopying and unauthorised reproduction of copyright works being carried out in circumstances that could not be subjected to voluntary licensing by right owners but which activities undermined the legitimate interests of copyright owners." (Photocopying books for studies? Afro Leo once thought that poor countries had to tackle illiteracy. Well,  just like the "access to medicines" debate, he hopes that the levy does not, in any way, adversely affect the poor's access to educational materials.)
"The Director-General observed that the lot of Nigerian copyright owners has been adversely affected, particularly with the advent of more advanced reproduction technologies which facilitate illicit copying either for commercial exploitation or for unauthorised private use, thereby denying copyright industries and the nation the benefit of maximizing the revenue derivable from these sectors." (Afro Leo can see this similar argument brewing in continental Europe: Why penalise all because of the acts of the few? and, where you apply the levy and people pay, are you then saying it is ok to make copies - including illegal ones? Moreover, what about the fact that the copyright-based industries in Nigeria have long suffered from poor distribution infrastructure? No system is perfect, but Afro Leo prefers the UK's regime where copyright owners look after their "private" property.) 
“The new Copyright Levy Order is thus informed by the need to compensate right owners for the loss that they would obviously suffer from the illicit copying of their works, and to maintain an acceptable international standard of protection that would ensure the betterment of the lot of authors,” he stated." (Of course, compensation is the obvious reason and it is only fair that authors reap the fruits of their labour. But with money in the bank, more work should also be done to sensitise the public on why IPRs exist in the first place. Afro Leo understands that certain countries like the notion of matching controversial and uncertain international standards or emulating others - willingly or by pressure - little wonder he wrote the piece titled, 'The relevance of International IP developments'.)

There is always an exemption
“In order to address concerns of legitimate users of materials which are subject to the levy, and other activities which may not undermine the interest of authors, the new Levy Order provides for the Minister (in this case, the Honourable Attorney-General of the Federation) to exempt any class of materials from the payment of any levy. In addition to such exemption, the levy payable under the new Order does not apply to materials manufactured in Nigeria for purposes of export. Similarly, Institutions that represent persons with disability as may be approved by the Minister are also exempted from payment of the levy.” (OK, hitting the right note here with "legitimate users". Anyway, we await details of the exemptions)

Stakeholder-led and beneficial to Nigeria
Finally, the NCC reassures that the levy - which had the input of the relevant stakeholders - "would strengthen the economic position of creators, encourage investment, generate revenue for government, discourage piracy and other abuses as well as provide incentive for more creativity." (Afro Leo looks forward to seeing how this plays out in a few years time)

Conclusion
Piracy is obviously a global problem that needs to be tackled. However, some have argued that piracy has played a role in raising the profile of Nigeria's entertainment industry on the international stage. As Afro Leo noted, a country has a choice to follow or not to follow international IP developments, knowing fully well that to follow suit, in some instances, can yield benefits. It may well be that the NCC has looked at its counterpart in Ghana to see such a levy system in action and believes that it would also work in Nigeria. 

Looking at the disquiet in Europe (see here and here) on this sort of state-driven measures on behalf of copyright owners and considering that the management of public funds (or even collection of taxes) are not easy tasks, it would be interesting to see the level of impact of this levy on piracy, the commercial success of copyright-based industries, and the cost burden on the ordinary consumers in Nigeria. 
This Leo is already aware of the great work done by the NCC on IP matters, so he hopes that this current policy is one based on sound evidence.
Questions for readers' digest:
(1) Is a private copying levy on all a fair means to compensate copyright owners for the unfortunate but inevitable piracy and for private use permitted under Nigeria's copyright law? 
(2) Are there topical lessons to be learned from developed countries, such as Canada and some countries in continental Europe, already running the copyright levy regime? 
(3) Has the NCC gone too far with the range of liable products?

(4) Should a developing country, such as Nigeria, be going down this route?
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For an argument in favour of a private copying levy, see here
The welfare effects of private copying levies, see here
Is there a case for Copyright levies? An economic impact analysis, see here
For HP's view on copyright levies, see here
Spain looks to a fairer copyright compensation system, see here
European Commission contemplates private copying levy for cloud computing, see here (pages 18 to 22)

European Commission revisits copyright law in a digital age, see here

Canadian consumers won't face copyright levy on memory cards, see here

Tech tools are boosting Africa’s movie industry to global leader status, see here
Why practitioners  can't access the 200 billion naira entertainment fund in Nigeria, see here

UK government's response to Hargreaves Review, see here

Microsoft asks for Nigerian government's support in tackling piracy, see here

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