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Tackling contracts and trademarks in the music industry

3rd May 2012

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Mwamba Mwamba! Winner of the 2012 MTN SAMA Awards best Traditional Faith Album. The exuberant title reflects the work of multi-award winning gospel singer Pastor Solly Mahlangu who spent two years travelling across South Africa and both East and West Africa in search of inspiration for his latest album.

“The result is a compilation of gospel sounds which transcends boundaries,” says Mahlangu. “I am elated at winning this award.”

Mahlangu’s life has always been filled with music, and he has always aspired to be the best in his genre. He began his forays into the world of music at age 10 when a friend taught him to play the accordion in one day – after which he accompanied the church choir. “It has been a natural progression for me to want to immerse myself in gospel music.”

But what is all important for Mahlangu is his faith. “My life is driven my faith first, and being a pastor is an integral to that. Music for me is an extension of my faith.”

But for all his awards and successes, Mahlangu says South African musicians are unfamiliar with the legal aspects of the industry, particularly in the area of copyrights and contracts.

“I feel privileged to have been directed to Adams & Adams as they have the reputation for being the giants in the industry.
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“I truly hope my experience will trickle down into the rest of the gospel community which is growing at a frenetic pace. There is definitely a need for some kind of intervention to take place – perhaps through workshops - throughout the country.”

“Solly is a superbly talented musician and composer and epitomises the best of the best in his genre. Solly is well aware of the importance of protecting his brand, and using experts in the entertainment field to assist him to do this. We were delighted when he approached us to assist him with contractual issues and the protection of his brand," says Mariette du Plessis, partner at law firm Adams & Adams.

Du Plessis says it is important for young musicians and performing artists to see an attorney with experience in this field at the beginning of their careers.

According to du Plessis, many South African musicians are exploited during their careers and do not reap the benefits of many years of hard work.

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“Musicians need to understand the importance of their brand and protect it upfront. Adams & Adams is committed to assist the music industry and musicians and recording companies can contact them for expert advice on contracts, brand protection and copyright.”

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