Some concerned Arts Practitioners have in a letter dated 20th November 2015 requested Registrar General of the Companies and Intellectual Property Authority (CIPA), Conductor Masena to urgently meet with them and address their grievances with regards to the Copyright Act as well as concerns of malpractice at Copyright Society of Botswana (COSBOTS). Masena is also overseer at COSBOTS.
The concerned party has since met with a top South African Advocate who has a vast experience working with issues of copyright. The trouble started when COSBOTS wanted to sue some of the music promoters who staged public shows and failed their public licence performance to COSBOTS saying the charge is too high. They also revealed that since Parliament dissolved Registrar Of Companies to form the now Companies and Intellectual Property Authority (CIPA) some of the clauses come in with short comings and the laws are drastic and excessive.
The arts practitioners include among them artists who are COSBOTS members, Music Promoters, Producers, Actors, Film Producers and Record Label owners. Among other things they want discussed at the meeting are; the position CIPA holds in the COSBOTS board, the state of music piracy in Botswana and the rate or license fees charged to retailers who sell music as well as shortcomings of the copyright Act 10 years on.
“We also request all documentation regarding structuring, research, public input that advised COSBOTS and CIPA of the tariffs charged to retailers be made in printed form,” the letter states.
Furthermore, the letter states that the “Concerned Arts practitioners” want to be furnished with proof that COSBOTS is a member of International Confederation of Authors and Composers Societies (CISAC) and has a reciprocal agreement to represent international right holders and as well proof that they have all the rights as per international practice and the Botswana copyright act.
The aggrieved party also seeks COSBOTS to clarify tariffs set across for public performances or events by COSBOTS and CIPA without consulting the music industry. “We would like to be furnished with documentation that guided CIPA and COSBOTS to arrive at the current tariffs and this should not be limited to economic research on the music industry, public input and interview with practitioners” says the letter. In the same letter, the concerned party wants the Copyright Act reviewed.
“We shall be bringing a ten man delegation which comprises of musicians who are COSBOTS members, promoters, music producers, actors, film producers and record label owners,” the letter which WeekendLife is in possession of charges. The delegation will include, B Pheto, A Mosimanegape, M Hule, M Gaolape, B Segotso, S Modibe, D Letshwiti, T Entaile, G Seagile, Z Hirschfield and T Pabalinga. The letter further dictates that the meeting should be treated as urgent, citing the week ended yesterday (23- 27 November as ideal dates for the meeting to be held.
The letter further stressed that the Registrar general should be present at the meeting.
At the meeting, according to the letter, “the copy of the COSBOTS constitution and all documents requested as per item 3, 5 and 6 be availed to us.”
Speaking to WekendLife, the arts practitioners said that if CIPA fails to intervene, the next step would be to sue, through advice of their South African Advocate as well as engage the Botswana Democratic party Chairman, Mokgweetsi Masisi as well as the Minister responsible to seek a political solution.
COSBOTS has been accused of making it compulsory for artists to be part of COSBOTS in order to claim their royalties which is not stipulated anywhere in their contract. Any performer who has his works being used outside can go and claim their royalties without the intervention of COSBOTS. However it has come to the attention of this publication that other performers such as actors have never received their share of royalties since COSBOTS started the collection and distribution of royalties.
One of the promoters Mox Gaolape said they are not defying COSBOTS. “What we are saying is that the 7, 5 % total revenue they are charging is too high, thus we want CIPA to call them and let us have a meeting because we are very important stakeholders,” he said.
However COSBOTS CEO, Thato Mokobi said there is no bad blood between them and the practitioners. He alluded to the fact that the seven percent charged to promoters when they stage shows is for the use of music because if they don’t pay COSBOTS that means they do not have any rights to use the music according to the revived Copyright and Neighbouring Act of 2006 which protects musicians. He said the idea is to make them register companies so that they are eligible to pay tax. “We at COSBOTS have the authority to stop a show if the promoter is failing to comply, if they don’t have the money to pay monies required before the show, they are given an ‘Acknowledgement of debt’ form to fill so that they pay after the show but some choose not to fill it,” he said. He however cleared the air that they have not received any letter from the practitioners and they are more than willing to work out the grievances. He said as an organisation they have a mandate and it should not be mistaken for fighting anyone or killing the industry.
This past week seemed like a time travel back to the early 1970’s where women were judged and stoned for what they wear, what they should wear, and whose attention their dress code will grab.
Every Tom, Dick and Harry gave their two cents on the matter, unnecessarily so. Its disheartening that in 2021 a woman is dictated to about what she should wear.
The genesis of the whole saga was because of a certified life coach and personal trainer, Agang Atlholang, derided as an example of an anti-feminist.
Atlholang updated a controversial post on her Facebook page where she seemingly attacked and dragged some women for wearing appealing clothes that leave little to the imagination.
The personal coach further went on to highlight that she could be fully clothed and be able to attract and steal some of these women’s lovers. Audacious of her to assume but more disheartening that her wardrobe is subliminally dictated by men.
It should be noted that this wasn’t her first controversial post where she has threatened or promised to take other women’s men, it may not be her last either but this post however did get on a lot of women’s last nerve.
“A woman’s sexuality is so much more than her thighs, (beep) and breasts. It’s your aura, confidence, seduction and the way you carry yourself, watching everything rock and roll in silence. I know who I am, I am a boss lady. I can still get your man without showing skin,” said Atlholang.
It is hard to place the fitness coach, is she pro-feminism or anti-feminism? Because one minute she would say something that makes sense and that almost everyone can relate to and other times she barks threats like a toothless bulldog.
She was not wrong to publicly and indirectly affirm that she doesn’t wear revealing outfits, but for her to be coming at those who do so was entirely out of line. How a woman presents herself to the world has a very little to do with a man’s preference.
Any personal liberation of what one chooses to clothe their own body is clouded by the misogynistic backdrop of the world we live in. In all cases, a woman’s body is assumed to be someone else’s before is it her own.
If she takes off her clothes, it is seen to be a sign of her insecurity and need for validation, rather than feeling comfortable with herself. Once she’s stripped, that’s all she is. This is the insidious pressures of misogyny that we all have a duty to attack and put in the past where it belongs.
WeekendLife reached out to Atlholang but her phone went unanswered. She did not respond to a questionnaire sent to her on Wednesday. Celebrated feminist Resego Kgosidintsi says there should be no expectations on what a woman does with her body. Some women are thick and curvy, while some are slim and petite, all body types are beautiful.
Kgosidintsi uploaded two pictures on her Facebook page in which she compared herself. In one picture she was only in a bikini on the beach whereas in the other picture she was wearing formal attire. She went on to say;
“I am the woman in both pictures, my worth did not decrease on picture 2 because I revealed almost all of my skin and neither is my worth on a 100 on picture 1 because my skirt is below the knee.
I have about 7 tattoos on my entire body and that still does not make me less of a woman. I drink and smoke cigarettes too and that doesn’t mean the woman in church who doesn’t smoke or drink more woman than me. Can we respect people’s choices, can we respect women.” Feminist, media personality and socialite, Oratile Kefitlhile shares the same sentiments as Kgosidintsi.
‘‘Feminism is subject, if I feel as a woman that when I’m fully dressed I’m celebrating my femininity, so be it. If another woman feels they are embracing their femininity more with their thighs out, that’s perfectly fine still. Let them be.
We have been preaching this revolution for a very long time of women being allowed to wear what they want, and being allowed to embrace their womanhood in the way that speaks to them, so I feel at this point we should not be having these debates,” Kefitlhile told WeekendLife on Tuesday.
Controversial poet, artist and businesswoman, Berry Heart is of the belief that women are envious towards each other. She argues that celebrating femininity has no boundaries subsequently making no one woman superior.
Quizzed on what makes women fight over small issues such as what they wear, she says “Batswana women are broken so much that we don’t want to see another woman succeeding on anything. We desire to make them dejected.”
You will know a tree by its fruits, the same way you will know a music producer by their works.
Top music producers in the country have set themselves apart through the quality music they produce and reap the results of international recognition from as far as the United States of America.
These producers are behind every star performer, listening and analyzing each and every note. When artists perform a vocal swell, rising to an octave that sounds like it’s going to shatter voice box, it’s easy to forget that someone was on the other side of the glass asking questions like, “Can you hit that note every night, or will it hurt too badly? Maybe we should lower the octave to save your voice?”
Producers make hundreds of decisions in each song, not to mention the push and pull relationships they have with talented performers.These relationships can make or break careers. Some of your favorite bands and artists wouldn’t be so memorable without a great producer helping to guide their distinct voices.
Kagiso Kenosi, or better known as Fella in the entertainment industry, is only 31-years old but he has already left his imprint in the music industry. The young chap, originally from Palapye, is not in the industry to add numbers, but to do his magic working behind the scenes producing hit song after hit song.
When most producers went to school to produce the hits that we hear today, Fella’s foundation and passion for producing came from being active in church.
“I grew up in a catholic orientated family where music is the essence of our religion. The love for music in its entirety emerged from enjoying singing at church and blossomed over the years as I grew up, being exposed to the internet and software’s such as fruity loops.”
Fella says he then learnt how to make beats and proceeded with vocal processing so besides the love for music, he had an amazing group of people who helped him reach his life dream; being the best in music production. The sky was the limit for Fella.
Unfortunately for so many music producers locally, this kind of hustle is basically about being famous. Some of them bite off more than they can chew just for a quick buck that doesn’t even go a long away for them. At the end of it all, these fly by night prima-donnas end up cutting corners and producing subpar records which eventually leads to a premature death for their careers.
Fella’s advice is that fellow colleagues should be patient and continue learning the craft, even if it means taking online tutorials. “Even though I’m still learning too, for I believe music is a fast infinite universe where no one can never say they know it all, I think believing in what one does, the level of creativity and being able to stand alone can do magic.
We living in an era where people go through a lot, so it is imperative for a music producer to be able to relate to those kind of situations. This takes only the right instrumentals, which will compliment emotions of an artist.”
The most asked question outside the music industry is; who chooses the instruments for a song, is it the artist or the producer? Fella gave his take;
“I make instrumentals and keep them until an artist comes to work on a song. That’s when I advise on whether I think the concept they chose goes hand in hand with the instrumentals. We will then look for a more appropriate song.
In some cases, artists can come and we record vocals without an instrumental and then get to make a beat on top of the recorded vocal which in that case guides me to make a relevant instrumental,” he said in an exclusive interview with WeekendLife on Wednesday.
Digging more into finding the difference between a producer and an engineer, Fella clarified that there is not much difference. There is actually a thin line between the two even though an engineer does more than a producer when dishing out a song.
“We use the word production to credit people who only make beats. Engineers are people who record vocals, clean them, do the mixing and master the song preparing the record for radio. I must say an engineer, does the critical components of a song.”
As young as he is, Fella has been through thick and thin with young artists. It has been a roller-coaster of emotions, because, frankly some of these fledging artists are way too complicated to work with. Fella admits that he too has flaws but c’est la vie, you can’t make an omelette without breaking some eggs.
“It’s always a blessing and quite exciting because these different people of different energies and mind-sets and creativity will humble you. It’s a chastening experience and also accords me with experience to manoeuvre and adjust to people with different characters.
So truly, it has helped me grow as a person, and a producer.”
Botswana Musicians Union (BOMU) is known for its bad reputation that has been getting worse over the years. There has been a lot of chinwag, squabbles and the organization literally lost touch. It has gotten so bad that stakeholders pulled out, and members were left with no choice but to face the music alone.
Just when you’d think the waters are calm, the new Executive Committee awarded a fledgling company, Total Music Group, to handle the 2021 music awards. This move was seen as a biased decision that got BOMU members bent out of shape.
However, BOMU Secretary General, Rasina Rasina told Weekendlife that the Executive Committee that it has many irons in the fire. He indeed admitted without reluctance that, BOMU has been clouded by hubbub.
“We pledged when the new administration took over that it would begin with cleaning our own house. We have built structures as we had promised and we are glad that they are fully functional. One of those is the disciplinary committee.”
“BOMU has for a long time appeared to be lacking discipline and proper laid down procedures. This has led to the organization losing out big in its endeavour to serve its members and the entire music fraternity. The National Executive Committee, chapter committees and sub-committees have committed to ensuring that non proper governance and accountability shall take centre stage and this is all that is happening,” Rasina told Weekendlifeon Tuesday.
Rebuilding and rebranding a disintegrated intuition such as BOMU is not just a walk in the park, it needs concerted efforts and team work to actually reach that goal. A stitch in time saves nine, but as for BOMU, the entire union failed to address its dares a long time ago, but the union says everything is on track in recuperating public trust and fixing the mess created then.
BOMU Research and Policy Committee is hard finalizing a new code of conduct which will contribute significantly to how members and leadership conduct themselves and relate with each other for the furtherance of BOMU’s mandate, Weekendlifehas been reliably informed.
“We are doing everything according to our constitution, logic and reason. We advise our members that they should point out where the constitution has been breached and that they are at liberty to follow due process and report any misconduct to the disciplinary committee,” said Rasina.
This is following the suspension of some executive committee members and BOMU subscribed members for questioning the integrity in awarding the music awards tender. Some members, told Weekendlife that they will seek legal advice on the matter.
“We do have members who have already appeared before the disciplinary committee on various charges and decisions are yet to be taken. We also have members who are yet to appear before the committee for various complaints levelled against them. Current suspensions are related to various complaints and offences.”
With regard to appointing Total Music Group, BOMU National Executive Committee says it used Article 9.3.19 of its constitution. The article says; “The National Executive Committee of BOMU shall have the authority to enter into legally binding contracts on behalf of the Union.’’
Rasina says the leadership needed a company to manage, host and sell the BOMU awards for five years consecutively so as to attain stability and refurbish the brand image of both the music awards and the organization. “Without any money at our disposal, we debated on the best model and agreed that we should engage a company that also has the capacity to mobilize resources. We used our discretion and decided on a direct appointment model which is perfectly legal and constitutional.”