Unpacking the heartbreak of music contracts: Nomcebo Zikode's disturbing journey

As I scrolled through my Instagram feed, I stumbled upon a touching post from renowned South African singer Nomcebo Zikode. 

In a heartfelt message, she revealed a disheartening truth: she and her record label, Emazulwini Productions, have yet to see a single cent from the global hit “Jerusalema”, a song that propelled to international fame in collaboration with Master KG. 

This revelation is particularly tragic, given the song’s monumental success since its release in 2020.

“Jerusalema” became a viral sensation, uniting people across the globe during the Covid-19 pandemic with its infectious rhythm and inspiring dance challenges on platforms like TikTok.

Yet, beneath this celebrated facade lies a disturbing tale of contractual disputes and unresolved financial obligations.

In her statement, Zikode expressed profound disappointment following a legal defeat against Open Mic Productions, revealing that she had never received any payment for her work.

She described the Gauteng High Court’s judgment as “fundamentally flawed and deeply troubling.” 

This legal tussle, which has been ongoing since 2022, has shaken the foundations of trust in the music industry and left artists questioning the fairness of their representation.

As the public reacts to Zikode's woes, fans and fellow artists alike are voicing their concerns and seeking clarity on her contract agreement.

Commenters on her post posed pointed questions, asking, “What did your contract say?” and “What kind of deal did you sign?”

In response, Zikode clarified her situation, stating that while her obligation was to deliver two albums for the recording label, she cannot fulfill this until she receives pay for the chart-topping tracks “Jerusalema” and “Xola Moya Wam”.

Zikode stressed that their initial agreement stipulated payments every three months, a commitment she believes has been significantly overlooked. 

This situation illuminates a critical issue: the protections afforded to artists and the complexity of music contracts.

Aspiring musicians, intoxicated by the prospect of stardom, may often overlook vital details lurking within the fine print of their deals.

Although we may not have the full details of Zikode's agreement with Open Mic, her dilemma serves as a cautionary tale for newcomers navigating the intricate music landscape.

Music contracts constitute the backbone of an artist’s career, dictating crucial aspects such as financial arrangements and ownership rights.

In an industry that evolves at lightning speed, particularly with digital platforms challenging traditional business models, mastering the nuances of these legal documents has never been more vital.

As Zikode and her legal team work through the intricacies of the case, they remain hopeful that the outcome will resonate beyond their plight, galvanising a movement for greater awareness regarding artists’ rights. 

Understanding the types of contracts

As the industry grapples with Zikode's situation, it is clear that artists need to understand the types of contracts they may encounter. Familiarity with these agreements can safeguard them against costly pitfalls. 

• Recording contracts: These agreements are between the artist and a record label, specifying how much the label will pay for recordings, how profits are split, and the duration of the contract. 
• Publishing contracts: These govern the rights related to song compositions, dictating how royalties are collected and allocated. They can either assign rights to a publisher or simply grant a licence. 
• Management agreements: Artists often work with managers who help navigate their careers. This contract details the manager’s commission, obligations, and the length of the relationship.
• Live performance contracts: These set out the terms under which artists perform at events, including payment, duration of the performance, and technical requirements.

Key elements to consider

When reviewing any contract, artists should focus on the following key elements:

• Royalties: Understand the percentage you’ll receive from sales or streaming. Ensure you know how and when payments will be made.
• Rights: Be clear on who owns the music you create. Retaining rights can offer greater control over future income and creative direction.
• Duration: Contracts can vary significantly in length. A long-term commitment might lock you in with limited flexibility, so assess your future goals carefully.
• Termination clauses: Know how and when either party can dissolve the contract. Being trapped in an unfavourable agreement can stall your career. 

Negotiation tips for artists

• Do your homework: Research the parties you're agreeing with. Know their reputation in the industry.
• Don’t rush: Take your time to understand every detail of the contract before making any decisions.
• Be prepared to walk away: If a deal doesn't feel right or aligns with your goals, don’t hesitate to decline.
• Ask questions: Clarification on any confusing terms can prevent future disputes.

Despite the temptation to sign quickly, enlisting the help of a lawyer experienced in entertainment law is invaluable.

They can provide insights into the language of contracts, highlighting clauses that may be detrimental to your career.

A small upfront investment in legal consultation can save artists from significant long-term repercussions.