Insights · · By Soel Ngaba
What must appear in an artist’s contract
Our practice is plain: Cameroonian and African artists still lack useful information about their rights. Engagements too often proceed without a written agreement. Instructing a specialist is not yet a reflex, despite the work of associations and of OAPI itself.
This note sets out the essential — sometimes mandatory — elements of an artist’s contract, aside from any membership of a collective-management organisation.
The Cameroonian frame
Literary and artistic property is not industrial property. In Cameroon the text is Act No. 2000/011 of 19 December 2000 on copyright and neighbouring rights.
The artist or performer holds moral and economic prerogatives. They alone set the terms of exploitation, take a return, control dissemination and see the work respected.
By an “artist’s contract” they authorise exploitation by specifying the rights assigned or licensed, the territory, the term and the purpose.
Common clauses
- The contract must be in writing.
- Identify the parties and the quality of artist.
- The onerous character: a lump-sum or a share of receipts. If that principle is ignored, the court may apply a 20% rate.
- The subject-matter: sale, exhibition, residency, commission, assignment.
- The economic rights authorised, stated separately: reproduction, performance, and so on.
- Duration, matching the period of exploitation.
- Purpose: commercial, advertising, promotional.
- Place of exploitation.
Other clauses to watch: ownership of the object does not transfer copyright; governing law (especially in cross-border contracts); termination; warranties and insurance; transport, delivery, conservation, return; means placed at the artist’s disposal on a commission or residency.
Prohibitions
- No authorisation over future works.
- A minor cannot authorise alone: a parent’s consent is required.
- No assignment of moral rights.
- An exploitation contract that is not written is void.
Special rules exist for performance, publishing and audiovisual-production contracts.
Team EKEME LYSAGHT