More details have emerged following the ongoing legal tussle between Kiss Daniel and former record label, G-Worldwide. Kiss Daniel’s legal counsel recently released fresh statement revealing the unpleasant circumstances that neccesitate his client’s break-away from G-worldwide.
According to Kiss Daniel’s lawyers ‘L & A Legal consultants’,
Kiss Daniel did not walk out of his contract. He only terminated it as he is permitted to do under the contract. Is it now a sin for a party to exercise a right expressly conferred on him by law/contract? Is it the fault of Kiss Daniel that the contract has a termination clause that allows Kiss Daniel to terminate the contract? We should bear in mind that the contract was drafted by G-Worldwide Entertainment. Kiss Daniel scrupulously followed the provision of the contract. It is unfortunate that people are mixing this case up with that of other artists running away from a contract they signed. No! This is different. This is a case of an Artist insisting that the contract signed by the parties must be obeyed and enforced. Kiss Daniel is firm believer in rule of law and due process. This was why it was Kiss Daniel that went to court first. People should not confuse a case of properly terminated contract with cases of ill-advised artists who angrily walked out of their contract without following the laid down procedure under their contracts. Kiss Daniel’s case is a well thought out act. It is an exercise of right granted to him by the contract between him and his label. What do people want from Nigerian artist? If they don’t employ lawyers, people criticize them. Now that Kiss Daniel has employed one of the best I.P. law firm in Nigeria with a Professor of I.P. and a Senior Advocate of Nigeria (SAN), people are still calling him names for acting in accordance with his contract! When Artist don’t obey or assert their rights under their contracts, people abused them, yet the same people are abusing Kiss Daniel for obeying and enforcing the Termination Clause provided in his contract! Na wa o. This is not a Kiss Daniel’s fight alone. This is a fight for all Nigerian artists except we are saying only artists must obey and comply with contract but record label are free to do as they wish?
As against the rumour making grounds that Kiss Dainiel left G-Worldwide on illegal grounds without following due process, his legal counsel disclosed that the artistes only terminated the contract out of financial frustration.
On Finance, he said;
Why is G-Worldwide afraid to grant Kiss Daniel unrestricted access to his account and books as provided by the contract? The whole relationship between a record label and an artist is about making money and sharing it. Finance and money is the crux of the matter. G-Worldwide did not sign Kiss Daniel because they love his face. They signed him because they think he can make money for them. And there is nothing wrong with that as long as they play by the rules. The only offence commented by Kiss Daniel was his effrontery/impudence by daring to ask his record label to render account! Kiss Daniel through his lawyer L & A – Legal Consultant appointed a firm of Chartered Accountant to inspect and audit G-Worldwide Entertainments books and account in respect of Kiss Daniel’s project as provided by the contract between the parties. Immediately the request was made, all hell was let loose. Why will a Record Label be afraid to allow their Artist to inspect their books of record? Especially, when the contract between the parties was drafted by the same record label and the contract contains a clause which specifically provided that the Record Label shall keep all accounts and shall allow the Artist or his representative unrestricted access to inspect and make copies of the records.
See clause 7 of the contract between the parties which provide;
“Company shall maintain proper accounting books and or records at its principal office, in relation to revenue generated, or expenditure expended in the course of the performance of this Agreement. Such books and or records shall include, but shall not be limited to, any documents or records which evidence the receipt and or disbursements of royalties and other monies generated in the course of the performance of the Agreement.
The Artist shall, at any time during the term of this Agreement and upon prior written notice to Company, Artist or his/her designated representative shall gain unrestricted access to inspect the books and records of the Company relating to this Agreement and shall be entitled to make copies thereof.”
According to Kiss Daniel’s lawyer, the artistes employed the service of an Auditing Firm to inspect and audit G-Worldwide’s account but unfortunately the firm was not given access to any document. This amount to “monkey dey work, Baboon dey chop” kind of situation as Kiss Daniel was denied free access to funds for years only to be paid stipends of N30,000 which was later increased to N50,000 monthly.
Contract or Slavery? This is the same label that forced Kiss Daniel to perform few days after his father’s death and while still in the village trying to give his father a befitting burial. They put money first. They insisted he must interrupt his father burial rites and must perform or they will crush him in the industry. This is the same Label that was paying Kiss Daniel only 30k and later 50k per month for about two years despite Kiss Daniel’s performing at several shows and making millions of naira for the label within the same period! Yet, Kiss Daniel never create any noise or scandal. How many Nigerian Artist can tolerate for so long what Kiss Daniel has endured without creating any scandal?
Is G-Worldwide A Record Label? What is the main characteristic of a record label? One of the main duty of a record label is to advance money to the artist for purposes of recording. Yet the so called record label does not pay advance and as never pay advance to Kiss Daniel.
The so called record label did not pay a penny (kobo) towards the recording of all songs in the alleged album, “Evolution”! The songs in the alleged album include already released hits like “sofa”, “Yeba” and several others. No payment of advance, no payment for studio sessions or productions generally and yet G-Worldwide are shamelessly laying claim to songs produced single-handedly by the Artist. He is indeed a patient dog. His Lawyer concluded.
From this statement by Kiss Daniel’s lawyer, Would You Say Kiss Daniel Has Been Into A Contract Or Slavery?