Fighting for rightful royalties

Tuesday, February 9th, 2010 13:43:00

prism

AN ONGOING BATTLE : PRISM general manager Ong Peng Chu (front row in black jacket) patiently dealt with every problem raised during the cheque presentation - Pics by Ashraf Shamsul Azlan

An eerie sense of déjà vu shrouded the cheque presentation and briefing for artistes and musicians at the Putra World Trade Centre last week.

As with every attempt of Performers and Artistes Rights (M) Sdn Bhd (Prism) since its inception in 2001 to have a dialogue with its members and the industry in general, confusion reigned.

Dissatisfaction, repeated queries and endless rants about the welfare and the state of artistes and performers stretched the session into a tedious affair.

Prism general manager Ong Peng Chu patiently dealt with each and every question, mostly in relation to the unfamiliarity and lack of understanding of the function and operations of the body to collect and administer royalties for the performers which it represents.

No stranger to the brickbats targeted at the organisation, it is however a sad reflection of the reality that governing bodies within the entertainment industry are unable to cooperate with each other.

Apart from the scenario of everyone scrambling for answers to the same questions, Ong had seen more than his fair share of attacks on Prism.

Take, for example, their recent run-ins with Karyawan when the latter's president Datuk Freddie Fernandez had spoken out last year against 'discrepancies' in royalty pay-outs.

Definitely a familiar situation as in 2002 when Prism, joined by the Public Performance Malaysia Sdn Bhd (PPM) filed a defamation suit against then-president of Karyawan Othman Shamsuddin (also known as Othman Hafsham) for remarks which similarly lashed out at the body over its inadequacies.

One of the main issues haunting Prism still is the inability to automatically gain data on their members' works to enable royalty collection.

Ong added, "We have worked towards getting access to the database of Music Author's Copyright Protection Bhd (MACP) before this. However we hit a snag because we were expected to pay for it — which is understandable as all of us have our own operations to consider.

"Maybe in the future, Prism, MACP and PPM can work together to share a database but at the moment it’s too far to imagine. "Perceptions may change and the time may come for us to work together."

He said the small volume of the music business in comparison to the worldwide market did not determine the possibilities, but said he hoped for the best.

"If members of all organisations can be united, then it would make things easier.

"There are parties who think each body conflicts the other, fighting for a piece of the pie, which couldn't be further from the truth when we are actually only fighting for what's due to our acts in separate areas."

The inability to cooperate was one of the many grouses discussed in the hallways during the break by those attending.

Ong refrained when asked if he felt those entitled to collection were immature in their whims — including endless whining about the process to register the works for entitlement of collection.

"I don't think so. From our 900 members, they are able to provide the necessary data. I don't know about the loud minority — and I don't know why they choose to act that way.

"At the end of the day, it has to come from their own initiative. If they know it is their right, they have to make the effort, and not just blame Prism to get things done for them."

It's small baby steps for Prism, nine years later, but the real problem for the organisation itself seems to be the attitude of many who fail to educate themselves on the necessary process, and understanding how royalty is monetised.

And part of it is suggested to be due to the work of other parties who are out to discredit Prism. Ong shrugged and said,

"There was an obvious presence of such parties or you wouldn't read so many negative criticism from them."

The first step, he said, was for artistes and performers to register themselves with Prism to claim their rightful royalties.

Secondly, it's understanding of how cataloging works and the process of verification.

"Verification of ownership is necessary. We can't simply take one's word for their work on it."

Even in the case of defunct labels, Ong said it was possible to get evidence of participation in a body of work.

"If inlays crediting are not available, then there's always either the company, the producer, the artiste… anyone involved, who can help provide verification, and that's what we need."

To aid the registration process of members and their catalogue of work, an online site will be launched soon to expedite things.

"The site is now in test stages, and we hope it will be up and running in mid March. From the site, self-updating of records will be made easier.

"Artistes and performers however still need to verify the claimed works."

The database will also provide a record of payments handed out.

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