Where law meets entertainment
Sharon Mathala | Wednesday October 2, 2024 11:16
Mmegi: How has the landscape of entertainment law evolved in recent years, especially with the rise of digital platforms and streaming services?Mbewe: The landscape of entertainment law has undergone significant evolution in recent years, especially with the rapid growth of digital platforms, streaming services, and social media. At Mbewe Legal Practice, we’re committed to staying ahead of these trends.
We’re continuously updating our legal frameworks to ensure that our clients are well-protected in this rapidly evolving landscape. Our mission remains to empower creators and ensure they benefit fully from their contributions in the digital entertainment world. With December around the corner, we look forward to seeing better transactions involving artists and artists seeking legal advice on contracts to avert litigation.
Mmegi: What legal issues do you commonly encounter when working with artists, musicians, or creators in the entertainment space?Mbewe: When working with artists, musicians, and creators in the entertainment industry, a range of legal issues often arise, which include intellectual property, contract negotiations, and digital rights.
Musicians and creators often face challenges in proving ownership of their work, especially in cases where there are disputes over authorship, sampling, or use of intellectual property without permission.
Similarly, protecting brand names, logos, and stage names via trademark registration is key to ensuring creators’ identities remain exclusive. With the rise of digital platforms, creators frequently deal with others infringing on their copyrighted material, whether through unauthorised distribution, sampling without consent, or piracy.
Mmegi: There is also the most common, which is record labels vs the artists, where would you say artists get it wrong?Mbewe: And that is another common conflict, many musicians and filmmakers enter into complex contracts with record labels or production studios, which often include intricate terms that they don’t understand.
One major issue arises when creators sign unfavourable deals that heavily favour the company, giving away too much control or ownership of their intellectual property. At Mbewe Legal, we help artists navigate these contracts to protect their rights.
This includes Management and Agency Contracts: Many creators need to contract with managers, agents, or promoters. These agreements can become contentious if terms around revenue sharing, responsibilities, and expectations are not clearly defined. We frequently help creators avoid disputes by ensuring well-drafted, fair agreements.
Mmegi: Most recently we saw our star athlete, Letsile Tebogo, being splashed across various advertisement, Miss World Africa Lesego Chombo has gone through the same and most of this was done without their management’s consent, what is your view on image rights?
Mbewe: As artists build their brands, their image and likeness become valuable assets. Misrepresentation, unauthorised use of an artist’s name or likeness, or endorsements without consent are common problems.
We often advise clients on protecting their image and brand rights through proper legal measures. Entertainers make a significant portion of their income from merchandise sales. Legal issues can arise when merchandising rights are not clearly outlined, or when third parties create and sell merchandise without the artist’s consent. Drafting proper contracts to protect these rights is key.
Mmegi: There is also a growing trend of artists and or entertainers being booked to perform at certain events and they don’t show up, when fans have bought tickets just to see that person, or at times where a promoters pays a portion of the entertainers fee, advertises the event and in the end not pay the artist but had advertised the event with their name, your say on such incidents?Mbewe : Breach of contract is one of the most common causes of legal disputes in the entertainment industry. In the public eye, artists and creators can be particularly vulnerable to defamation or reputation-damaging accusations. Whether it’s a false rumour or a harmful publication, these issues can significantly impact their careers.
Our team works on reputation management, advising on potential litigation or public relations strategies.
These are just some of the legal challenges faced by artists, musicians, and creators in today’s digital-first world. Our goal is to offer personalised legal support, ensuring that creators not only protect their work but thrive in an industry that is increasingly complex. We help our clients avoid common legal pitfalls, secure fair compensation, and navigate the evolving landscape of the entertainment law.
Mmegi: What advice would you give to emerging artists on how to safeguard their creative work?Mbewe: For emerging artists, safeguarding creative work is crucial to protecting both artistic integrity and potential revenue. Here’s some key advice on how to ensure your creations are well-protected: Understand and Register your Intellectual Property, Trademark your brand: If you have a unique artist name, logo, or brand, consider registering it as a trademark. Be extra diligent with contracts. Verbal agreements are common in creative industries but are often risky.
Always insist on having clear, written contracts with anyone you collaborate with, including producers, managers, agents, or other artists and Understand the terms before signing: Before signing any contract, consult a lawyer to avoid signing away rights you may regret losing.
If you’re collaborating on a new project or sharing your work with potential business partners, consider using Non-Disclosure Agreements (NDAs). NDAs ensure that the ideas you share in confidence are not used or disclosed without your permission. Most importantly, seek legal guidance by consulting with an entertainment lawyer.
Mmegi: Entertainment contracts can be notoriously complex. What are some key things that artists should look out for when signing contracts with major labels, production companies, or distributors? Mbewe: I cannot overemphasise the importance of having a lawyer and consulting every step of the way.
Mmegi: How do you balance protecting your client’s interests while ensuring smooth negotiations with big entertainment entities?Mbewe: Our approach is to strike a balance between being a strong advocate for our client’s interests while maintaining productive and professional negotiations with entertainment entities.
This approach not only protects our clients but also ensures that deals move forward smoothly, ultimately benefiting both parties. By combining strategic negotiation, diplomacy, and a deep understanding of the industry, we can secure favourable outcomes without damaging relationships. We try for a win-win solution but when that fails, unfortunately the client has to either instruct for us to litigate. This is a measure of last resort when all else has failed.
Mmegi:. What is the one piece of legal advice you would offer to young lawyers aspiring to work either in entertainment law or the entertainment industry as a whole?Mbewe: One key piece of legal advice for women aspiring to work in entertainment law or the industry is to build a strong network and seek mentorship. Establish connections with professionals in the field, engage in relevant internships, and join industry organisations.
This support can provide guidance, opportunities, and insights into navigating the unique challenges of the entertainment industry. Additionally, staying informed about legal trends and developments will enhance your expertise and credibility. Stand strong!