THE Ministry of Information and Communication Technology requests all musicians to submit proof of non payment of royalties in order to take action against the Namibia Society of Composers and Authors of Music (Nascam).
This comes after an ongoing cry from artists, promoters and event promoters who claim that royalties have not been paid and that the organisation has not been carrying out its mandate.
“At this stage, it is immature to expect an intervention from the ministry when all other avenues have not yet been exhausted.
Musicians are advised to submit proof, in the form of a letter detailing the years that they have not been paid, and the proof that their music has been played at which time, date and on which radio/television station,” a spokesperson from the ministry said.
The artists are asked to submit their proof by 10 June. All submissions should be enveloped and addressed to the permanent secretary of the Ministry of Information and Communication Technology, Mbeuta UaNdjarakana.
Either by post to Private Bag 13344, Windhoek, Namibia or alternatively delivered at MICT head office, situated on the second floor of the Atlas building in Windhoek.
Over the years, artists and record label owners have been complaining that they have been struggling to receive royalties from Nascam which is mandated to collect royalties on behalf of the artists licensed with them.
“We have been sending our work to South Africa for replication and they are supposed to collect royalties on our behalf and I can tell you now that even Gal Level has not received a single cent in royalties in that regard,” Sula Kyababa of Ogopa Butterfly told The Weekender.
Although they have been hearing their music playing on radio stations and television, a number of musicians have not been receiving the royalties due to them. This is despite Nascam chief executive officer John Max claiming that by January, 98% of royalties had been paid to registered musicians.
John told The Weekender that non payment of royalties happens when records of the artists’ work being played is not submitted to Nascam and that they can only pay royalties according to the information they receive.
To add to the frustration of musicians who’ve not received any royalty payments, Nascam operations were marred by additional confusion and allegations of fraud and mismanagements of funds when they started collecting royalties for the mechanical rights for musicians work being performed.
Apart from the system being labelled confusing and inconsistent, Nascam has failed to pay royalties for the mechanical rights for musicians who have been performing all over the country.
John earlier this year confirmed that Nascam will be collecting 5% of all entrance funds from promoters and event managers for the mechanical rights of musicians whose work will be performed at a show.
One such an event was the Boyz II Men concert where Nascam collected N$11 000 from the event organisers but have failed to pay any of the musicians, local and international, for performing their own work at the event.
In light of these allegations and complaints against the organisation, the ministry said that in accordance with Namibian Copyright and Neighbouring Rights Protection Act 6 of 1994, Nascam has been given the statutory mandate to collectively administer copyright in musical works in Namibia and beyond.
Since the ministry has given permission as per statute for Nascam to be established, the permission can be revoked if allegations and claims against the organisation prove true.
Kyababa, who has been in the industry for decades, says Nascam is welcome as long as they can put their house in order.
“We support Nascam and what they are supposed to do, but they need to do it right,” Kyababa said.
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