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Friday, 5 July 2013

SHORT STORY - YOUR RIGHTS, YOUR LIFE (PART 2)




The air-conditioning in the reception area of MAKINDA, BURNES &Co was almost freezing, yet Anna broke into sweats as she sat nervously waiting to be called upon by the lady at the reception. She was scheduled to meet with John Makinda, Senior Partner at the law firm and a veteran attorney whose Elsie’s parents had referred her to. She was sure that with his pedigree, Makinda would be the right person to make Jusky pay for the wrong he had done her.

‘‘Madam, the boss will see you now’’ the young attractive attendant called out to her. “You may take the elevator to the 4th floor; the first office at the right is the one. He is expecting you”.

Anna muttered a thank you and hurried to catch the elevator.

‘‘Good afternoon Miss, may I call you Anna?” Asked Makinda as he rose to his feet to welcome her
‘’Yes please and thank you for agreeing to see me sir’’ Anna said


‘‘I will do nothing to offend my good friends who spoke to me about your case’’ Makinda replied with a smile. ‘Please sit down and tell me all about it’ 

With all the strength she could muster, Anna narrated to Makinda how she met Jusky and all that had transpired between them. He listened to her patiently and when she was through, Makinda reached out to his bookshelf and pulled out a book as he spoke to her.

‘‘Well Anna, your story is nothing unusual with what happens in the music industry’’ Makinda said ‘‘I am sorry you had to learn the hard way but I am sure you are wiser now’’

Anna was surprised to know there were people like her who had fallen victim to such ‘games’. She wondered how many of such people were conned by Jusky, maybe they could stand in as witnesses when Jusky was charged to court. She voiced her thoughts to Makinda.

‘‘There is no case Anna, I am sorry’’ said Makinda ‘’from all you have said, you were not forced into signing those papers. You mentioned that he had asked you to study to the papers first but you were too eager to sign when you saw the benefits in the agreement’’.

‘‘So what am I going to do, is Jusky going to get off just like that?’’ Anna asked

‘‘There is nothing to hold against Jusky. You’ve got to come to terms with that but this can be prevented from happening again’’ Makinda said

‘‘How?” Anna asked sadly

‘‘First, you have to be well equipped with the necessary information. Here, this book will help you and you can do more research on the internet’’ he said handing over to her the book he had in his hand.

‘‘Pay attention to pages 76 through 85’ he continued ‘they will help you a lot’’

“What is this?” Anna asked, leafing through the pages ‘‘I’ve heard about copyright but I am not sure what it is all about’’

Makinda smiled and said, “I know. If you did, you would have made a better decision with Jusky’s offer. Anyway, I will take you through some important points but I expect you to read up more about it especially if you want to make a success out of your career. Knowledge is King in this game, always remember that”.

“First, every piece of music you create is protected by the Nigerian law. That protection in simple terms is often referred to as copyright. Your copyright is the exclusive authorization you have as the creator of such work to use it and to prevent anyone from using your music without your permission. Does that make sense”?

“Ummm, ummm” she replied with a nod

“Now as a copyright owner, you have two types of rights; moral rights and economic rights. Your economic rights allow you get financial rewards from the use of your works. It was your economic rights that were involved in your contract with Jusky”

“Ummm” Anna cooed

“Your moral rights on the other hand are those rights that forever link you to your work. This allows you earn credit when your work is used and also you can decide for or against the use of your works in certain ways or for certain purposes. Even Jusky will need your approval before he can take advantage of the economic rights in your songs in certain situations. So you see all is not lost”.

“Interesting” she said

 “Yes. With your economic rights however, you can negotiate deals ranging from a record deal to taking a loan from a bank” Makinda said, smiling as Anna’s eyes widened in surprise.

 ‘”Tell me more” she said

“You can authorize broadcast stations and clubs to play your music and have them pay for it. Such payments are called copyright royalties” he continued

“Do you mean Jusky has been receiving copyright royalties from all the air play my songs have been enjoying?” Anna asked shocked

“I am certain he has, he is a thorough businessman and knows the rules” Makinda said

“Wow” she said

“No one has the right without your permission to make copies of your works and distribute them even on the internet. That means you can make money from those websites that upload your music either to attract customers or advertisers”

“Really?’’ Anna was amazed

‘‘Yes, there’s so much copyright offers you but to fully take advantage of them, you must be well informed. I am sure you didn’t know that no one has the right to perform your music on a public stage without paying you for it’’ he said

‘‘Like in the reality TV shows?’’ Anna asked

‘‘Yes. Not just that but in concerts and other gatherings such as Annual General Meetings and Christmas parties organized by corporate bodies. Weddings are not left out’’

‘‘Ohhhhh my Godddd’’ Anna screamed ‘‘How could I have known this?’’

‘’Now you know’’ Makinda said

‘‘But how can I handle of all of these in future? Monitor how and where my works are being used, get people to pay for my music and all?’’ Anna asked confused

‘‘I have good news for you, you do not need to do this hard work all by yourself. The Federal Government of Nigeria has licensed a body to handle all of these details for all Nigerian musicians and others who own copyrights in music in Nigeria. The body is called Copyright Society of Nigeria, COSON for short. They are well equipped to bear these burdens for you and I tell you what? You do not have to suffer any loss if you work with them”.

‘‘What am I waiting for? I am working on some songs for a new album which is not included in Jusky’s agreement. Now must be the time to speak with the guys at COSON. I must not be left out of this good things happening’’ she said excitedly

‘‘Good’ Makinda said, ‘‘you can find out more about them at www.cosonng.com and even get their office address there’’

‘‘Thank you so much sir’’ Anna said ‘‘you’ve given me hope, now I can get over my mistakes and make the best out of my musical career’’


THE END



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