Karyawan pleads for end to raging music royalty issue

April 1, 2024

KUALA LUMPUR: The Malaysian Artistes’ Association (Karyawan) has renewed its plea for Putrajaya to resolve a decades-long music royalty issue.

Its president Freddie Fernandez called the prolonged dispute an “injustice” to artistes.

He lamented that many artistes have not been receiving their royalty payments each year for various reasons.

Fernandez said: “We have tried almost every possible means to fight for artistes’ rights over the last 24 years, but all our efforts have been thwarted.”

Fernandez was speaking yesterday at a Ramadan gathering where 50 artistes, struggling financially, received RM1,000 each to celebrate Hari Raya Aidilfitri next month.

The RM50,000 aid to Karyawan was made possible through an initiative between FMT and an anonymous donor.

The donations were handed out by the minister of domestic trade and cost of living, Armizan Mohd Ali, whose ministry is responsible for copyright and music royalty.

Fernandez proposed the setting up of a committee, headed by Armizan and comprising only composers and artistes, to overcome the problem of royalties.

He said many artistes were still confused about the whole situation due to the complexity of the problems faced, while the majority were unaware of their rights.

“Even those who do understand have given up as successive governments have failed to do anything to resolve the issues.”

Fernandez said he was confident that with Armizan at the helm, “we will see changes and innovations in the management of music royalty.”

“I await the day when artistes and creators can breathe easy,” he added.

One-sided royalty agreements

Fernandez said the principle of copyright under the World Intellectual Property Organisation (WIPO) rewards people who create something.

He said the creators – composers, lyricists, singers and musicians – should be given the most consideration in copyright matters, “but in Malaysia this doesn’t happen.”

“Unequal bargaining power has resulted in royalty contracts heavily favouring music publishers and recording companies, leaving composers and creators severely underpaid or not paid at all,” said Fernandez.

He said the government agencies that are responsible for copyright fail to understand that priority should be given to resolving the issue, which only serves to “perpetuate the artistes’ suffering”, adding that five changes of governments in five years have not helped the cause.

“We do not deny the right of music publishers and recording companies to a portion of the royalties earned. All we want is for a more equitable distribution of proceeds. We need the ministry to lend their voice to support our struggling entertainers,” said Fernandez.

Being outspoken on this issue for more than two decades has landed Fernandez in considerable legal trouble and seen him sued on four separate occasions.

In May, a case filed by record companies against him goes on trial.

On a brighter note…

In thanking FMT and the anonymous benefactor for their generosity, Fernandez said: “We hope you will continue to be our strategic partner in fighting for the rights and interests of artistes and the entire arts industry.”

He said FMT had constantly raised issues affecting the entertainment industry, “most times succeeding in getting the authorities to overcome problems.”

“We are grateful for the tremendous support FMT has given us and look forward to more such collaborations especially for noble causes such as artistes’ welfare and the protection of their rights,” said Fernandez.

He said Karyawan did not receive any regular allocation or funds from the government and had to work hard to raise money by themselves.

“We did not succeed in everything we set out to do. The one thing that we have failed to resolve is the issue of public performance royalties for artistes,” he conceded.

Soruce: FMT