No amendment clause, no signature —Lawyer tells artistes
INTELLECTUAL Property Lawyer Kwame Koduah Atuahene has a blunt warning for Ghana’s rising stars: stop signing contracts that don’t leave room for growth.
He argues that without an amendment clause in a contract, artistes are essentially locking themselves into a professional cage.
An amendment clause acts as a vital safety valve, allowing terms to be renegotiated as an artiste's market value climbs.
Speaking with Graphic Showbiz on Monday, January 26, Mr Atuahene noted that many young talents are effectively "duped" out of their intellectual property—the very talent they’ve spent a lifetime building.
The primary cause is a lack of due diligence and the frantic rush to sign on the dotted line.
“Investors and artistes have different priorities,” Atuahene explained.
“An investor sees your potential and wants to secure their return. But artistes often forget that as they grow, the original deal might become a burden. Without a clause that allows for future adjustments, you lose your leverage.
“It is crucial to include an amendment clause, allowing for future adjustments to the agreement. Without such a clause, artistes may face significant challenges in renegotiating terms, potentially leading to unfavourable outcomes,” he said.
He also advised them to avoid rushing into contracts, emphasising that there's no deadline to sign.
“I want to also caution emerging artistes not to rush to sign contracts. There’s no stipulated time to sign contracts, so they shouldn’t feel pressured at all to ensure there is an amendment clause for renegotiation in future,” he said.
Mr Atuahene further encouraged budding artistes to insist on clear, well-structured agreements when partnering with investors.
“When you're a budding artiste, you might have the talent and creativity, but lack the resources to showcase it.
“That's where investors come in. They have the resources, but not the talent. When you partner with an investor, it's crucial to have a clear contract that outlines the terms and expectations.
“This agreement should spell out what both parties want: the investor wants a return on their investment and you want to share your art with the world. A well-structured contract prevents conflicts and ensures both sides know what's expected of them,” he said.
Lawyer Kwame Koduah Atuahene's warning about contracts without amendment clauses is timely, given the rising number of legal disputes between Ghanaian musicians and record labels/investors.
Recent cases include Kwesi Arthur's ongoing battle with Ground Up Chale, where he accused his former management of demanding $150,000 from him to use his own images.
The legal practitioner also noted that creative talent holds significant value and should be protected, discouraging artistes from taking on verbal agreements.
“Verbal agreements can be tricky in the creative industry. While they're legally binding if validated by third parties, they're often hard to prove, raising red flags.
“That’s why we always advise putting contracts in writing. It protects both parties and avoids disputes down the line,” he added.
“Creative talents embody not only an expression of artistry but also substantial labour, investment and economic potential. As such, it is essential to recognise and safeguard this value.
“For up-and-coming artistes, understanding the worth of their talent is crucial. Whether in music, film, art, writing or digital content, creativity is an asset that requires protection and strategic management.
“By acknowledging their value, artistes can better navigate opportunities, partnerships and contracts, ensuring their work is respected and fairly compensated,” he stressed further.
