‘Royalties: Premier Records denies ripping off veteran singer Mike Ejeagha

Legendary highlife singer Mike Ejeagha enjoyed renewed fame in recent days after skit maker Chukwuebuka Amuzie, aka Brain Jotter, used a refrain from his 1983 ‘Ka Esi Le Onye Isi Oche’ for a video challenge.

The video challenge featuring the iconic ‘Gwo Gwo Ngwo’ refrain from Ejeagha’s 41-year-old classic, ‘Ka Esi Le Onye Isi Oche’, introduced him to a younger generation.

Dancers in the challenge moved to the infectious beat of ‘Gwo Gwo Ngwo’, showcasing impressive waist movements and legwork.

While the skit maker and the veteran singer received accolades for their acclaimed ‘artistic work’, allegations surfaced that Brain Jotter profited from the song, infringed on copyrights, and more.

Recent allegations targeted Ejeagha’s record label, Premier Records Limited. A Facebook user, Charles Ogbu, a journalist, accused the label of defrauding the veteran singer, stealing his royalties, and other allegations.

However, the record label General Manager, Michael Odiong, addressed these and others in an exclusive interview with PREMIUM TIMES on Thursday evening.

According to him, the record label has never denied Ejeagha his royalties since he signed an agreement with the company.

Streaming dynamics

Mr Odiong explained how the royalties are calculated and how the streaming numbers contribute to the artiste’s earnings.

“The way streaming works is that reports are sent and statements are made quarterly. We don’t own the platform; it’s a foreign platform. So, we cannot pay the artiste until they send us a report and we receive payment. Sometimes, it takes longer than necessary, which is not our fault; it’s the norm everywhere. The only outstanding royalty we owe him (Ejeagha) is for the last quarter of 2023 and the first quarter of this year (2024), which we are now working on paying because those payments have come in. It’s not just me; every other artist is in the same situation.

“So, regarding the business ratio, the recommendation is the same. It’s ridiculous because those spreading these rumours haven’t even asked the family or us. We send reports when we make payments, telling you exactly what percentage is used. The percentage we use is the norm worldwide: twenty per cent for masters and streaming and fifty per cent for publishing. So, publishing is 50-50.”

Mr Odiong maintained that the company has consistently compensated Ejeagha in line with globally accepted standards, emphasising that he wasn’t paid thirty thousand Naira [N30,000] per quarter.

Court case

Furthermore, the record label denied an allegation that Ejeagha opted to produce a video for his songs without their approval because of an eight per cent [8%] royalty payment.

Recounting the events, he said, “The artiste produced a music video without the company’s permission and was paid for it. This constituted a breach of the company’s rights, leading to the lawsuit. The case continued until the Enugu State government intervened, and we opted for an out-of-court settlement. This was finalised around 2012 or 2013, with all parties agreeing to the terms.”

Dismissing the allegation of a thirty-thousand Naira payment as absurd, Mr Odiong noted that royalty payments fluctuate and are not fixed.

He stated that the last royalty payment, made in December 2023, amounted to approximately one hundred and fifty-five thousand Naira (N155,000).

“There is no way on earth except if the record label is intentionally saying that is what I want to pay you at least, which is not the case. So, for every quarter, depending on how that work is changed, you get paid based on that. The last payment he received, which was for the third quarter of 2023, was about N155,000, which is just for one quarter. As we speak now, we are debating the fourth and third quarters, which might be more or less.

“Now, regarding the argument about what to pay for this ‘Gwo Gwo Ngwo’, they forget that this song started trending a few days ago. It has been in the media space, on TikTok, and other platforms for years; nobody has used it. Now, Brain Jotter has used it. It has gone viral. So, it is not like we just put it there, and because it has gone viral, we are very much aware that the streaming numbers will increase, which means more money for the artist and the label”, he noted.

Mr Odiong stated that the label is working towards a mutually agreeable goal.

He explained that ‘Gwo Gwo Ngwo’ royalties would be distributed at the end of the next quarter as data collation is necessary, stressing that the company is international with clients.

Percentage ratio

He explained the percentage breakdown, stating that his company paid over 28 per cent.

“For masters, we are paying 20 per cent; for publishing, we are paying 50 per cent. Every music composition has two components. You have the master, the music itself, and the publishing arm, which consists of the lyrics and the composition. These two elements are treated differently because the composition differs from the sound recording. For example, when we talk about streaming numbers, we refer to the masters.

“In streaming numbers, there is a sharing ratio for masters, the song you find on streaming platforms. The norm is 20 per cent. When that contract was signed, it was 8 per cent. We didn’t have the money we have now, so it wasn’t realistic to pay 8 per cent. Even before the contract, there was a review, and up until now, we have not paid 8 per cent to any artist. For masters, it is 10 per cent.”

Additionally, he urged the rumour-monger to verify the information with Ejeagha’s family before spreading false claims.

He said the family and the record label have copies of each royalty payment made, noting, “For the publishing aspect, which includes the composition, the lyrics, and everything related to it, and what it comprises. For example, if they want to use the song for a movie called ‘Thinking’, or if they want to use the song for sampling, that is composition. Once you want to use the song’s lyrics for something else, that is publishing.

“For that aspect, the norm is 50-50 anywhere in the world. This applies to art. Up to the last deal, which I think was two years ago, it was 50-50. As we speak, there is another deal for which we are also being paid 50-50. So, anything that has to do with publishing is 50-50. I do not know where the writer got 8 per cent because that is untrue. We have our records and have sent reports regularly as we make payments because we knew things like this would happen.”

Brain Jotter

However, Mr Odiong denied rumours that Brain Jotter received payment for using the music in the viral video challenge.

He claimed that Brain Jotter did not violate copyright law but instead increased the artiste’s and label’s earnings, describing the skit maker’s actions as free promotion.

Mr Odiong said, “Because people do not understand the business, they do not know what it is. The music is user-generated content (UGC); Brain Jotter did not put that music there. Neither did he take that music from somewhere else. We put it on all social media and streaming platforms through our distributor to exploit the music and earn revenue.

READ ALSO: How Brain Jotter’s viral dance revived Mike Ejeagha’s ‘Gwo Gwo Gwo Ngwo’ 41 years after

“That is why they feel he has infringed and made much money. No, he has not made any profit from that music, and we can categorically say that. Brain Jotter got the music from TikTok, which we provided through our distribution platform. By using the music, he is not making any money from it. Nobody used it until the challenge arose, and the song became popular. This is, of course, how it should be. That is why record labels put music on places like TikTok, so an influencer can use it and make it popular.”

Mr Odiong added that the label will leverage the current trend to increase profits for the company and Ejeagha.

Contract

The record label manager disclosed that Ejeagha’s initial contract with Premier Records spanned from 1964 to 1966, noting that he subsequently renewed the agreement in 1972, after the civil war.

“Of course, the Igbos had to go back to the East and all that. It affected the whole situation. In 1972, when they returned, he was re-signed by the company. By 1973, the contract was signed for him as an artist on the label. So that was when we can officially say his career took off—a successful music career. When I visited Ejeagha months ago, I reassured him that we would find a way to ensure he earns more royalties by exploiting the music.

READ ALSO: How Brain Jotter’s viral dance revived Mike Ejeagha’s ‘Gwo Gwo Gwo Ngwo’ 41 years after

“Months later, this is where we are. So those things I said have come to fruition because we’re not holding hands and sitting down, expecting the content to generate revenue. We know we have to drive the process. We have a relationship with the artiste, and there’s none of our artistes with whom we do not have a relationship,” Mr Odiong added.

Company action

When asked about the record label action regarding the allegations, he said, “The company and our legal team will determine the appropriate course of action. As for me, it’s important to provide the necessary clarification. That’s all I can share at this time.”

He said neither he nor the company had any prior contact with Mr Ogbu. “If anyone has proof of unpaid royalties since 1980, we urge them to present the evidence.”

Mr Odiong advised Nigerians and rumour spreaders to conduct thorough research before making unfounded claims.

“It is discouraging for people like us. We are working very hard to make things happen, yet there are those trying to undermine our efforts with information they are unaware of and do not even possess. So, please, let Nigerians learn to do research, ask questions, and ask the right questions before criticising others. They cannot be working very hard while someone comes out of nowhere without evidence to accuse us.

“How do you think the people would feel? How do you think the man himself would feel? I appeal to Nigerians: let them learn. Let us be more patient inquisitive, and ask the right questions. Let us research and make findings, not just listen to one person’s perspective. Because when you do that, once you start to speak out, everyone will come down on you.”