TOA KITU KIDOGO CULTURE : Searching for contract model that is practical in Kenyan live music performance
Matheka, Robert (2010)
Matheka, Robert
Jyväskylän ammattikorkeakoulu
2010
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Julkaisun pysyvä osoite on
https://urn.fi/URN:NBN:fi:amk-2010112415312
https://urn.fi/URN:NBN:fi:amk-2010112415312
Tiivistelmä
This study begins by explaining the origin of ‘toa kitu kidogo’ culture and the growth of Kenyan music industry from the 90s and its future. In the literature part agreement customs differences from different geographical locations are revealed. To find out the challenges faced by artists and professionals when conducting music business in Kenya, an examination of contracts in comparison to the Western world was undertaken.
The study aimed at identifying the challenges faced by artists and professionals when formulating, implementing and enforcing live performance contracts in the Kenyan music industry compared to the Western style music contracts. These challenges are possible obstacles in achieving fair competition and the development of the music industry. Three industry players were identified, namely artists, promoters and managers. The research employed a qualitative study with three semi-structured interviews.
There is no music industry legislation that helps the artists and professionals to draw live performance contracts. The current practice of advance payments of performance fees contradicts Kenya’s wage payment law. Music industry players should enter into agreements with trusted business associates. Artists treat Western style contracts with suspicion. There is a need for music business education in order to enlighten and create awareness on the importance of contracts and how to interpret them. Payola practice was said to be the same as ‘toa kitu kidogo. Artists are against calling relationship building ‘toa kitu kidogo’. Giving favours is part of building one’s career in the Kenyan music industry. The importance of technical riders is rarely put into consideration when negotiating a deal. Enforcement of law in Kenyan music industry is weak. Promoters sometimes breach an agreement even when there is a written contract. Moreover, there is no specific contract model that applies in the Kenyan Music industry.
The study aimed at identifying the challenges faced by artists and professionals when formulating, implementing and enforcing live performance contracts in the Kenyan music industry compared to the Western style music contracts. These challenges are possible obstacles in achieving fair competition and the development of the music industry. Three industry players were identified, namely artists, promoters and managers. The research employed a qualitative study with three semi-structured interviews.
There is no music industry legislation that helps the artists and professionals to draw live performance contracts. The current practice of advance payments of performance fees contradicts Kenya’s wage payment law. Music industry players should enter into agreements with trusted business associates. Artists treat Western style contracts with suspicion. There is a need for music business education in order to enlighten and create awareness on the importance of contracts and how to interpret them. Payola practice was said to be the same as ‘toa kitu kidogo. Artists are against calling relationship building ‘toa kitu kidogo’. Giving favours is part of building one’s career in the Kenyan music industry. The importance of technical riders is rarely put into consideration when negotiating a deal. Enforcement of law in Kenyan music industry is weak. Promoters sometimes breach an agreement even when there is a written contract. Moreover, there is no specific contract model that applies in the Kenyan Music industry.