INTRODUCTION
In 2013, MI Abaga and his label Chocolate City were interested in a music collaboration deal with renowned American Rapper and Grammy Winner, NAS.
The proposed song was intended to illustrate the experience of the black man in Africa and America while also fostering the relationship between the artistes and the Hip hop eco system of their respective countries.
The song was also meant to pay tribute to Nelson Mandela who was greatly ill at the point, Treyvon Martins and the struggle of Africans and Black Americans.
The track tentatively titled “‘Man” was meant to feature on MI ‘s Third studio album “The Chairman” album which was released in 2014. However, due to lack of proper contractual agreements or breach of existing agreements, the track never materialized.
PAYMENT
Around July 2013, an agreement was reached between the parties that NAS would deliver a verse on “Man” for $50000 (Fifty Thousand Dollars only).
By August 2013, the agreed fee was completely paid to NAS including the $5000 agent fee to the second defendant, Music Executive and Agent, Goodman for his role in bringing the parties together for the collaboration.
SUBMISSION OF POSSIBLE VERSE
By September 2013, a possible verse from NAS for the collaborative track “ MAN” was sent to CCL in Lagos.
SUBPAR VERSE
However, the verse was considered lyrical subpar by MI and his label because it did not contain the agreed names, phrases and lines stated in the agreement and did not comply with the general theme of the track agreed on by the parties.
In the suit filed by CCL and MI Abaga against NAS and Goodman, they claimed NAS was to mention “MI”, “Chocolate City”, “Nigeria“, “Queens”, New York, NAS hometown, “Mandela”, “Treyvon Martins” and the struggles of Africans and Black Americans. None of these were mentioned.
ISSUES
Dissatisfied with the lyrical content of the verse submitted by NAS for the collaboration, Chocolate City requested for a new verse that contained the details stated in their agreement with NAS.
The defendants agreed to record a new verse immediately after NAS concludes his pending bookings. However, up until the suit was filed in 2017, NAS neither submitted an edited verse nor Master Recording for the purported collaboration. Calls for refund of the agreed sum were also not honored by the defendants.
SUIT
This action led to Chocolate City and MI Abaga filing a suit against NAS and his Music Agent Goodman at the Supreme Court of the state of New York in 2017.
In the Suit , Chocolate City reiterated that the refusal of the defendants to refund the fees despite not fulfilling their part of the agreement constitutes a breach of contract and has caused the label to suffer a lot of loss and damages.
The label prayed the court for Fifty thousand dollars ($50,000) on its first cause of action which is money received and refusal to refund, Fifty thousand dollars ($50,000) on its second cause of action which is unjust enrichment and One million dollars ($1,000,000) on its third cause of action for breach of contract making a total of One million, One hundred thousand dollars ($1,100,000).
The label also prayed the court for punitive damages and reasonable attorney fees as the court may deem fit.
NAS REACTION
Nas while responding to the suit claimed that the circumstances surrounding the verse was due to the label’s negligence and that he has sent in a verse as agreed upon. He called for the suit to be dismissed.
UPDATE
As at the time of writing this, the conclusion on the case is not yet reported.
LESSONS FOR CREATIVES
- Don’t compromise on your art and quality no matter who is involved. If it’s not quality and up to standard, do not accept or promote same.
- When you feel your right has been or is about to be infringed upon, contact an entertainment lawyer or intellectual property expert for proper advise on the next steps and whether you can proceed to sue. You can sue and get justice when you are unjustly exploited.
- Ensure you have a well written agreement for any collaboration you engage in as such would come in handy during disagreements or when clarifications on duties and rights are needed.
- Always comply with the dictates of any agreement you enter into so as to avoid law suits and paying huge sums as a result of your breach of such agreement.
- Ensure you have an expert in your corner to review all our agreements and deals before signing same.