Entertainment lawyer Mackeda Bramwell is busy setting up her practice in Jamaica along with her business partner Sékou Clarke. The two launched an office in Kingston recently where there are more aspiring artists, hangers on than professional business people and lawyers in the entertainment industry.
With her Jamaican roots, Bramwell has worked with some of the top commercial law firms in the commonwealth nations of Australia and Canada.
Barrister, Solicitor and Notary Public (Canada) Solicitor (Australia)
Attorney at Law (Jamaica)
Partner | Koradek Law, Professional Corporation
As she sets up shop in Jamaica, her observation is that Jamaican artists should sign better deals, with their lawyers and not just rely on their talent or give the other party the benfit of the doubt.
“A lot of artists come to the table and they really only have talent, they don’t have the resources that they need in terms of the money to produce these songs, money for the clothing,” the Canadian Barrister said.
She hopes to help more Jamaican artists establish themselves and make better deals both locally and overseas but is cautious of the more urgent needs of artists from the region.
“Oftentimes it’s on the instructions of the client that we go by. We will say to them don’t take it but they see an opportunity and they say they want a buss, so ‘i will take it for now’, but eventually they suffer underneath that contract.”
“What they are looking at is the here and now and how they get out of poverty,” she continued.
Over the years reggae and dancehall artists such as Shabba Ranks, Gyptian, Patra and Diana King have entered into contracts with record labels overseas with much joy and excitement in the beginning, only to comment that they did not get a good bargain later.
In January, reggae singer Etana confirmed with World Music Views that she had filed a lawsuit against VP Records, in the Supreme Court in the State of New York over artist royalties, mechanical royalties, public performance royalties, and other monies allegedly due to her. Etana, 37, and her label Freemind Music LLC, had filed the lawsuit against VP and their affiliate labels: VP Records Retail Outlet Inc, VP Music Group Inc, VP Records Distributors LLC, VP Records of Brooklyn LLC, Greensleeves Publishing Ltd and STB Music Inc.
Image by Joey Clay Photography
The suit filed by Etana’s attorneys Miami Entertainment Law Group, stated, amongst a myriad of allegations, that the defendants “fraudulently concealed their true use and disposition of Etana’s masters, albums, compositions and or recordings and have either failed to render proper accounting statements regarding her royalties or intentionally rendered dishonest and grossly deficient accounting statements all in an effort to pocket millions of dollars of her royalties”. The suit also said that in doing so, VP had shown “utter disregard for their contractual obligations and have flagrantly abused the more than a decade relationship of trust and confidence placed in them”.
Attorneys from the law firm Fox Rothschild LLP, which represents VP, argued that the matter should be thrown out. They claim that Etana’s first cause of action is barred by the VP recording agreement’s two-year limitations provision, that VP had no fiduciary duty to her, and that her breach of contract and fraud claims fail as a matter of law, as “the Fraud Claim Is Duplicative of Their Breach of Contract Claims”.
The Jah Jah Blessings singer told World Music Views that “I just want what is legally mine.”
To the subject of owning the masters, attorney Mackeda Bramwell said,
“Artists should strive to hold on to their masters, this is your body of work, this is your legacy, but oftentimes the contracts don’t come this way and so it could be a deal breaker for a record label to sign an artist if they decide not to give up the masters.”
She said there is also another side that may be enticing for artists.
“If you see 50 million dollars in front of you right now, for your masters and you are in poverty and you are trying to look a ‘buss’, right you need this, right and its about signing away your body of work that you are going to make for the next ten years, would you take this 50 million dollars? Or do you say ‘no’ and stay in poverty and work until I can independently make my way?”
Music superstar Sean Paul is one such artist who has given up his masters. He said although he doesn’t own his early hits, relinquishing them was a stepping stone for his career. He says now with many years in the business he is able to re-record the songs and have ownership of the new masters but it has been an uphill climb.
“I always wanted to own my songs. It has taken years because VP records and Atlantic Records own all my hits. They were a big distribution link so those are owned by them but I have the right to re-record them after 15 years and I own those. I haven’t done it yet but this new relationship with Island Records allows me to record and release in Jamaica so I decided to put out singles. With them, I own my masters but I lease it to them for a few years and when they are done I get it back for ownership. It took me twenty years,” the Dutty Cup artist told World Music Views.
He continued, “anybody who wants to have their own label needs money to push, you need a publicist, someone to take your pictures and videos, for this album I have spent hundreds of thousands already.”
Christopher Martin has also mentioned that he does’nt own his masters. He told World Music Views exclusively that the record label has a machinery that works for him but that he expects to have that conversation at a later time with his label Vp records. He said,
“I felt like I was at the point in my career where I had to do that. The machinery, they can afford you and the opportunity was in my best interest. Big up to VP Records. I still have creative control over my kinda vibes and the type of songs I want to do. We just made the move. It is a good partnership.”
