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The Catalogue Is the Contract: Africa’s Clause War

The global music business is consolidating around catalogue ownership while African artists fight for control of the clauses and copyright lines that decide who gets paid.

Jermaine Dupri, So So Def Drop Sony Music Royalties Suit

The global music business is consolidating around catalogue ownership and licensing, while African artists are still fighting for control of the same contract clauses and copyright lines that decide who gets paid. This week’s stories show the gap widening: AI lawsuits are forcing publishers to define catalogue rights, while a South African society sits on R303.7 million in allocated royalties. The stream is no longer the asset; the catalogue is.

The clause that travelled from Atlanta to Lagos#

The Jermaine Dupri case was never about broad royalty theft. It was about one clause that Nigerian labels use too, and when the suit was dropped, that clause went back into circulation without a public ruling. Jermaine Dupri and So So Def dropped their Sony Music royalties suit less than two months after filing, which means artists in Lagos, Accra and Johannesburg cannot point to a US precedent that clarifies the clause.

When a high-profile US case settles or drops, it creates no precedent. African artists cannot rely on American courts to interpret their contracts, and the clause at issue remains available for labels across the continent. That is not a hypothetical risk; it is the current reality of many Nigerian label agreements.

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Nadia Nakai’s situation shows how this plays out on the ground. She signed to Ziiki Media in 2023, attacked the company in 2025, and yet the phonographic copyright line on every new release since March 2025 still belongs to Ziiki Media. The artist can speak, but the metadata does not move. That is the clause war in practice: the label holds the copyright line, and the line holds the money.

Administration without ownership is possible, but the float is still a problem#

Not every deal has to end in lost ownership. Zimbabwean-born, Pretoria-based artist Kingsley signed with Gallo Music Publishers in February 2026, and his own Kountry Klub Records kept the catalogue. Gallo administers the compositions; it does not own them. That is the structure African artists should be asking for, but it is still rare.

The bigger problem is that even allocated royalties can sit unpaid. South Africa’s neighbouring-rights society SAMPRA ended 2024 holding R303,662,657 in royalties it had allocated to rightsholders but had not yet paid out, which is 1.72 times what it paid out that year. For every rand SAMPRA actually distributed, it held back 1.72 rand in allocated but unpaid royalties. That is not a technical delay; it is a governance failure that artists feel directly.

An administration deal like Kingsley’s means little if the collecting society becomes a warehouse for other people’s money. Ownership is only the first battle; distribution is the second.

The export boom is real, but it is concentrating at the top#

African artists earned 498,043 Spotify chart streams outside Africa on 30 August 2026, up 12.2 per cent from 443,922 two days earlier, but the top three artists took a bigger share, not a smaller one. That concentration is not an accident. Nigerian artists are 46.0 per cent of the 50 most-charted African acts on Spotify’s daily panel, 23 of 50 on 28 August 2026, yet they carry 69.6 per cent of the streams.

Chart entry thresholds tell the same story from a different angle. Entering Spotify’s daily Top 200 cost 32,515 streams in Nigeria and 9,545 in Portugal on 30 August 2026, a gap of 3.41 times between the two markets. The global Afrobeats narrative is being written by a small group of Nigerian acts, while smaller catalogues and other African markets remain below the visibility line.

This matters because catalogue value follows attention. If the export boom keeps concentrating at the top, the artists who need better contracts the most will have the least leverage to demand them.

AI is forcing the catalogue question, and Africa is not at the table#

While African artists argue over copyright lines, global publishers are fighting over whether AI can train on catalogues at all. Suno is pursuing parallel strategies in the US, litigating against Universal and Sony while signing licensing deals with Warner, and that poses a fair use conundrum. A new suit over a Mexican music catalog used to train Spanish-language AI songs shows the fight is expanding beyond English-language repertoires, with Gerencia 360 Music filing against Suno.

Udio has filed a formal answer denying Sony Music’s claims over AI training data and stream-ripping, which means the fair use defence is being tested on multiple fronts. Udio answered Sony Music’s copyright suit by denying the core allegations, and that answer will shape how training data is treated in court.

Sony Music Publishing and Warner Chappell have also sued Anthropic in the US over alleged use of lyrics, adding another front. Sony Music Publishing and Warner Chappell Music filed a copyright infringement lawsuit against Anthropic. These cases will determine whether catalogue owners can demand payment for AI training. African catalogues are not yet central to these suits, but the outcome will set the price of every African song used to train a model.

What this means for artists#

First, treat the copyright line as a negotiation point, not a formality. If a label insists on holding the phonographic copyright after the relationship sours, ask for a reversion trigger and an audit clause. Nadia Nakai’s public attack did not change her line; only a contract can.

Second, push for administration deals that keep ownership. Kingsley’s arrangement with Gallo shows that a publisher can administer compositions without taking the catalogue. Ask for that structure in writing.

Third, do not assume that allocated royalties will reach you. SAMPRA’s R303.7 million float is a reminder that collection societies can sit on money. Demand quarterly distribution reports and ask what percentage of allocated royalties was actually paid out.

Fourth, build catalogue value beyond the top tier. If you are not among the Nigerian acts taking 69.6 per cent of export streams, your leverage will come from publishing, sync and AI licensing, not from chart position. Pre-release chart entries like Seyi Vibez’s SWAGUU entering Apple Music Nigeria Top 10 before its September 18 release show that attention can arrive early, but attention is not ownership.

Finally, watch the AI cases. If Suno and Anthropic lose, catalogue owners will gain a new revenue line. If they win, African artists will need to rely on the same old clauses, and those clauses are not currently in their favour. The clause war is being fought now, and African artists need to enter it with their metadata in order.

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