When artists fight

DARA E HEALY

“Decca and other recording companies...were either making easy profits from the sale of calypsoes, or, hoping to produce an international hit that would eventually sell. …Sa Gomes, Decca and the calypsonians all may have profited eventually from the recording and marketing of calypsoes. It is, however, clear that the disorganised calypsonians profited least. Atilla, who had recorded over seventy songs between 1934 and 1945 and a few more after the war, left an estate of under $500 for his widow and ten children.”

– Gordon Rohlehr, Calypso & Society

AT ONE level, the story of calypso in the 1930s and 40s was one of exploitation. At the time, the entertainment gaze of America had decided that calypso was trendy and therefore profitable. One researcher, in writing about the recording and distribution operations of Eduardo Sa Gomes, a Portuguese businessman, declared “commercialism is no respecter of tradition.”

Yet, it is equally true that artists need to manage their finances in a careful, prudent manner. Unfortunately, a significant factor that contributes to artists not receiving fair earnings is lack of clarity about intellectual property. As the legal flare-up over the Black Stalin photo proves, structural instability within the creative sector needs to be urgently addressed to curb further confusion and foster a more equitable environment.

But achieving such stability is complicated. In the 1990s it was common to see mainly young men pushing ingeniously designed upright carts on wheels, overflowing with home-made CDs of music and movies. These original works, copied and sold at much reduced prices, offered citizens access to the highest standards of entertainment at affordable prices.

In light of attempts to control this form of music piracy, some members of the public spoke out in support of the vendors. As one commentator on Facebook posted, “…children need clothing, schoolbooks cost a arm and a leg, nobody giving bread, but they quick to take biscuit out of your mouth.”

In subsequent decades, various institutions emerged to represent artists who create music and other types of creative output. As an overarching framework, intellectual property expands the range of what artists can safeguard. This includes protective mechanisms such as patents, copyright, design rights or the payment of royalties.

Regrettably, the issue of creative theft is not going way. Just over 80 years ago, Lord Invader and Lionel Belasco successfully sued the people who stole their song Yankee Dollar and changed it to Rum and Coca Cola. The song, which was performed by a group called the Andrews Sisters, became a huge hit on the US charts.

In the 90s, Peter Minshall shared his idea for inflatable men with a colleague as they were preparing for the Olympic Games in Atlanta. Unknown to Minshall, the person who was part of the design process, patented the inflatable puppet, now used in promotional campaigns all over the world. And this year, I discovered a brief online skirmish surrounding Cocoa Tea by Kes.

While there are now more protections against dishonesty in the creative sector, for artists who create and perform in the open, the reality is still precarious. The concept of accreditation continues to be ill-defined. State institutions need to ensure that guidelines are clear and work in the interest of artists, whether they are performing or documenting what is happening on stage.

For instance, during Carnival, often the theatre is the street. Is accreditation being given for news, educational or commercial purposes? And if the latter, why are performing artists not informed about private arrangements involving their work? Apart from the writers and producers, what about the neighbouring rights for each of the actors when their image, dance or song is captured?

For decades, these are some of the questions we have been trying to get those in authority to respond to.

My article this week is in honour of the legacy of Mighty Sparrow and Earl Lovelace. Elder artists now in their 90s, they both advocated fiercely for creatives to be treated fairly and with dignity. I pay respects as well to Rickey Singh and Hans Hanoomansingh, whose paths I crossed as a young broadcaster and creator of original content. I know they would support this call for greater accountability and, ultimately, financial benefit for creatives.

The elders are watching. Let us do what we know is right. Answer our questions so that artists will no longer fight.

Dara E Healy is a performing artist and founder of the Idakeda Group, a cultural organisation dedicated to empowering communities through the arts