Music Lawyer Akinyemi Onyoluwa Advises Artistes Against 10-Year Record Deals

Nigerian music lawyer Akinyemi Onyoluwa has advised emerging artistes to be cautious about signing long-term record deals, saying contracts lasting a decade can limit their control over their careers.

Akinyemi said artistes should ideally avoid contracts lasting more than three or four years, particularly when they are still building their careers.

He noted that the music industry can change significantly within a few years, making lengthy agreements risky for young artistes who may not yet understand their value or have enough bargaining power.

“I think you shouldn’t do more than three, four years,” he said.

According to him, artistes who have the financial support to develop their careers independently should consider building their businesses organically before entering major record deals.

He said an artiste could spend the first few years developing a fan base, organising shows, selling merchandise and distributing music independently.

That approach, he said, could give the artiste leverage when negotiating with record labels or investors later.

“If I have a proof of concept, if I’m even earning as little as a thousand dollars from my catalogue by myself, I could do transactions or deals that I go in there with leverage,” he said.

Akinyemi said the ability to walk away from a negotiation is important because it meant an artiste is not negotiating from a position of desperation.

He said one of the first questions he asks clients before negotiations is whether they can walk away from the proposed deal.

“If a talent tells me, yes, we can walk away, I’m happy. That means we’re not desperate,” he said.

Akinyemi, however, acknowledged that not every emerging artiste would have the financial resources to develop independently.

He said some artistes from less privileged backgrounds might need investment from record labels or other partners to get their careers started.

In such cases, he said, an unfavourable-looking deal at the beginning of a career could sometimes provide access to the investment needed to reach a higher level.

He cited international artistes such as Taylor Swift, Kanye West and Beyoncé as examples of performers who did not necessarily begin their careers with the same level of control over their music that they later achieved.

He said the important issue is understanding the trade-off involved in a deal.

“You have to have leverage or you do not have leverage,” he said.

Akinyemi also warned artistes about contracts that require them to give up significant rights without corresponding commitments from the record company.

He said he had encountered agreements in which companies sought a share of royalties but did not make clear commitments to invest in the artiste or consistently release their music.

He advised artistes to have contracts reviewed by lawyers with knowledge of music and entertainment law before signing.

Akinyemi said an artiste’s two major assets were their identity and their music.

An artiste’s name, logo and brand can constitute valuable intellectual property, while their music generates copyright that can continue to earn money long after the artiste has stopped performing or died.

He therefore urged artistes to consider legal advice as part of building their careers rather than waiting until disputes arise.

“The two most important assets you would have as a music maker would be your copyrights in your music and your trademarks,” he said.

He said proper legal advice could help artistes understand how contracts with record labels, distributors, publishers, managers and other business partners could affect their careers.

The lawyer said the increasing commercial value of African music made this protection even more important as the continent’s music reaches audiences around the world.