Keep off that name!

There is a story about the dangers of breaching music contracts that still stands out. Prince, one of the successful American musicians, lost his reputation and fame after breaching his contract with his label, Warner Brothers.

Resultantly, he lost the rights to the name ‘Prince’, forcing him to change his name to ‘The Artist Formerly Known as Prince’.

That scenario seems to be replaying itself on the local scene.

Fikisa, which is in sour terms with its music label Nyimbo Music Company, is likely to face the same legal challenge after the label has warned the group to stop using the name until differences between the two parties have been resolved.

The company has also warned the public that anyone who will book the group for a performance without the label’s consent risks facing the law.

Fikisa first fell out with the label last year after disagreements over music sales.

A press statement issued by Nyimbo Music Company last week says the disagreements began after the bandleader, Jeffrey Thom, claimed the album had sold copies worth over K25 million.

Secondly, according to the label, Thom breached the agreement to deliver 2 000 CDs to selling points by selling the copies and pocketing the cash.

In addition to this, according to the statement, the group was making side bookings to perform at several events and pocketing the cash without the consent of the label and in breach of their contract.

However, after several roundtable meetings, Fikisa apologised and the two sides agreed to forget about the past. Nonetheless, after a while, the group is reported to have resumed the practice of side bookings and claiming the company robbed them huge sums of money raised from the album sales.

“We have tried to solve the problems, but we are not happy with the way the group is conducting itself. We signed contracts with them and both sides have to honour the contracts. Fikisa has failed to honour it and we have ordered them to stop using the Fikisa label and the songs recorded under the Nyimbo licence.

“They can compose new songs and come up with a new name and we will not have problems with that. The name and the songs are protected by the Nyimbo Music Company licence and they should be respected,” said Nyimbo Music Company chairperson Daud Suleman.

Suleman explained that neither the name nor music belong to Thom as both were conceived by Nyimbo Music Company.

Recently, the Akamwire stars disbanded after Saidi and Selemani accused Thom of practising witchcraft. However, Thom continues to perform under the Fikisa brand.

And in an interview with On the Arts, Thom challenged the company to go to court, saying he cannot stop using the name and the products as the company is not assisting him.

“I thank Nyimbo Music Company for their support that brought me fame. But it is my request that they should appreciate the challenges I am going through as an artist. I need a lot of things for my well-being and the benefits that I get from them are insufficient to sustain my life,” he claimed.

Music promoter and lawyer Jai Banda said any breach of contract is punishable by law.

“No one should have an excuse for breaching a contract. A contract should be honoured in all terms. If Nyimbo Music Company has enough reasons that Fikisa is breaching the contract, they have the power to get an injunction and stop the group from using the name and the products produced under the label’s licence. If they dishonour the court injunction, the law takes its course,” said Jai, adding that the artists can be fined huge sums of money.