Award-winning Ghanaian gospel musician Diana Hamilton is emphasizing the critical need for artists to seek approval before using songs not originally theirs. She recounted experiences on Joy FM's Showbiz A-Z where she encountered both successful and unsuccessful attempts to incorporate other musicians' work into her performances. This practice, she explained, is to avoid legal trouble and respect intellectual property rights.
Hamilton shared a recent instance where her management sought permission to use a song by a Nigerian artiste for a recording. The rights holder denied the request, leading her team to remove the segment from the final output. Hamilton stated this was done because she “doesn’t want trouble.” She also mentioned an experience with a Pentecostal Praise medley featuring a song by Francis Agyei. Before including it, she personally called Agyei to ask for permission, which was granted.
These incidents shed light on the complex copyright landscape in Ghana’s music industry. The debate often includes whether copyright laws should be loosened for gospel music, given its evangelistic purpose. However, instances of copyright infringement persist, with churches and musicians facing accusations for using others' intellectual property without consent. This situation creates a delicate balance between artistic expression and legal obligations for creators.
Speaking on the matter, Hamilton said, “I have been turned down, I have been allowed. I have both experiences. But I will always make sure that I had sought permission before I do that.” She also noted that her attempts to release a performance of a Jesse Dickson song were stalled because she could not reach the rightful owner of the music. This underscores the challenges, especially when dealing with older or lesser-known works.
The implications of these copyright challenges extend to the financial and professional lives of artists. Failure to secure proper permissions can lead to costly lawsuits and damage to an artist's reputation. For audiences and industry observers, these discussions highlight the need for clearer guidelines and greater awareness of copyright laws within Ghana's vibrant creative sector. Decision-makers involved in policy and intellectual property rights would likely monitor these ongoing discussions and their impact on artists.