When the wind of
endorsement deal, especially by telecom companies, blew across the Nigerian
entertainment industry in 2013, no one predicted the restriction on a working
relationship between ambassadors of rival companies.
Although, this
restriction was noticed only within the music industry, a rumour soon erupted
of how Kunle Afolayan’s endorsement deal with Glo was terminated because the
actor/director featured Afeez ‘Saka’ Oyetoro (one time brand ambassador for
Etisalat but now with MTN) in one of his movies.
Glo Vs MTN
The alleged restriction
on brand ambassadors was first noticed when Burna Boy, a Globacom ambassador,
was dropped from Ghana Meets Naija concert due to MTN sponsoring the show.
Another apparent sign of
such restriction was when singer Omawumi, who had recorded and released a song,
Warm Yourself, with Wizkid failed to feature the latter in her video allegedly
because of Wizkid’s deal with MTN. Omawumi is a brand ambassador of Glo.
The Nigerian blogosphere
went agog recently with reports suggesting that D’banj, who recently signed an
endorsement deal with Glo, might lose his deal after he appeared in Kcee’s
Emmah video. The song was recorded before D’banj signed the deal with Glo.
Glo’s spokesperson,
Charles Ikoabasi, however, declined to comment on these reports.
However, MTN’s General
Manager, Corporate Affairs, Funmilayo Onajide, acknowledged to PREMIUM TIMES
that there was an existing restriction.
“Companies sign what is
known as exclusivity clauses with their brand ambassadors. Typically this would
impose a restriction on the brand ambassador not to work for a competing brand
within a stipulated period. This period of exclusivity is typically the
duration of the agreement or as may be agreed. The exclusivity provisions does
not typically extend to stopping ambassadors from interacting with each other
provided what they propose to do does not amount to a breach of their
obligation under the brand contract,” Ms. Onajide said.
She added that each
celebrity brand ambassador signed a different deal depending on the agreement
reached by both parties.
“Don’t sacrifice career
growth”
An entertainment lawyer,
Demilade Olaosun, however advised entertainers to be vigilant when it came to
signing endorsement deals. He said that the practice would spell doom for the
industry and advised that it be nipped in the bud before there was a decline in
the growth of the industry.
“There is no such law or
rule but I have heard rumors as to the possibility of such practices being in
place. I am however of the opinion that it will be impracticable for competing
brand ambassadors to object to collaborations in whatsoever form within the
industry,” he said. “However, if by any means this practice is being cultivated
amongst the brand ambassadors, I’d say shame on them. It is possible that they
had inadvertently executed deals that precluded them from working with
competing brand representatives.”
Olaosun also tasked the
artistes not to sacrifice career growth and development for money that would
add little to them. He said that not all endorsements were good and artistes
should seek professional advice before penning deals with brands.
“This of course re-emphasises
the need for artistes to seek counsel on contract review from experienced
entertainment law attorneys prior to signing. They must understand that the
golden goose will not lay the golden eggs forever. These telecom companies are
not so charitable that they delight in doling out money. Artistes must be
deliberate and strategic in executing endorsement deals.
“The telcos are not
doing you a favor. You have huge value, that is why they have considered you
for it and they will not hesitate to drop you should they perceive a decline in
that value! We must not allow selfish interests of outsiders destroy the industry
of our dreams that we are building. At the end of the day, industry
practitioners, we are all we’ve got,” he said.
Reacting to MTN’s
response, Olaosun said: “If working for competing brands is interpreted to mean
doing music with ambassadors of competing brands, then like I had said, it is a
dangerous trend that spells doom for our industry. The fact is that these
companies noticed these artistes from works done through collaborations with
their colleagues before signing them on. Why then will they now cut off this
advantage under the guise of exclusivity of contract?
“As I had stated, it
will be a shame on the artistes if they acquiesced to such myopic and
destructive practice and I reiterate that they will suffer for it at the end of
the day. Very many of them will not have their contracts renewed after the term
as newer and fresher talents will be sought out by these companies. Whereas,
the artistes because of short sightedness and inability to appreciate the
extent of their influence will have missed out on many opportunities.”
Mr. Olaosun urged
artistes to read a copy of Shawn “Jay Z” Carter’s 2010 book, Decoded, to have
an idea of the ideal symbiotic relationship that should exist between the
corporate guys and the entertainers.
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