Licensing, Royalty, and Digitization Practices for Ostinato Records’ Iftin Band compilation.
In the interest of transparency, we thought it best to provide a breakdown of how we structure our licensing deals with the featured artists to legally produce this Iftin Band compilation.
The licensing for this compilation was done in collaboration with Ahmed Sharif, of the respected Sharif family of Mogadishu’s 1970s / 80s music scene. His family was responsible for importing the musical instruments that Iftin Band would use as well as financing concerts and shows for the band. Sharif was also the head of one of the largest Somali diasporan record labels called Somali Studio, based in the Emirates. He has produced several of Somalia’s biggest names and is an expert in negotiating deals with Somali artists according to Somali ways, norms, and notions of ownership. Sharif was also the producer of the popular song on “Sweet As Broken Dates” by Aamina Caamari entitled “Men Are Cruel and Kind.”
Over the course of several years, through extreme due diligence, we tracked down the artists behind each Iftin Band song included in this compilation and negotiated a temporary license to include their work(s) in this compilation. Ahmed Sharif’s all Somali review team extensively vetted each claim and identified the correct and appropriate rights holder for every single track.
If you have followed our talks, writings, and interviews, you would be familiar with our opposition to the standard western approach to licensing music from the global South. As a label founded, owned, and operated by global Southerners from Asia and Africa, we do not impose our sense of ethics or fairness. Rather, we ask the artists how they would like to structure the deal, what they want in exchange for usage, and work out a compromise that suits all parties. We do not infantilize them by assuming they do not know how to negotiate in their best interest. By placing power back with the artists themselves, the artists let us know how it’s going to go rather than the other way around.
As such, there were 2 different ways the artists requested to structure the deal:
- A standard advance and royalty rate, each negotiated separately with each artist but adhering to balance between all parties.
- Donation of all advances and royalties to a charitable cause in Somalia (this was the case if the artist had passed or had renounced music for a life of piety)
The standard way an advance and royalty deal works in a compilation is as follows: an artist is offered a negotiated amount of money as an “advance.” When the label recoups that advance amount via gross (not net) sales, then royalties kick in. This usually occurs within the pre-order period for an album. Royalties in the case of a compilation with several artists and rights holders are pro-rated—evenly divided amongst all involved artists. Royalties are paid out twice a year. For the composers of each song, a royalty rate as per the standard legal statutory rate of mechanical royalties is paid out. These licenses are for a temporary period and are exactly just that: a license. They DO NOT confer transfer of ownership of rights and all master ownership remains with the rights holders. Think of it as a rental of rights for the purpose of reproducing the work in the form of a compilation. In the event of any dispute or dissatisfaction with execution or handling of the agreed deal, the artist is entitled to terminate the agreement with appropriate notice.
Here is the song by song breakdown of each rights holding party Ostinato Records, with the due diligence and vetting of Ahmed Sharif’s team, licensed the song from. For advance figures, we cannot share these without explicit approval from the artists who have asked us not to for obvious privacy reasons but also safety concerns. You may try reaching out to them if you’d like more information. The royalty rate is 50% pro-rated.
LICENSING.
01 Aaway Axdigii aynu isku Ogeyn? (Where is our Promise?) feat. Shukri Musse (3:56)
Licensing courtesy of Shukri Musse.
02 War Wayneey (Great News) feat. Aweeys Qaamis & Siteey Qosol Wanaag (6:21)
Licensing courtesy of Aweeys Qaamis & Siteey Qosol Wanaag.
03 Umaayey iyo Abo (Mother & Father) feat. Axmed Sharif Killer & Safiyo Axmed Mansuur (6:06)
Licensing courtesy of Axmed Sharif Killer’s family, authorized by his daughter, Badra Axmed Sharif, on behalf of her father and Saifyo Axmed Mansuur.
04 Deriskaagi waa kugu Jahowareeray (Your Neighbor is Confused About You) feat. Axmed Sharif Killer & Siteey Qosol Wanaag (5:21)
Licensing courtesy of Axmed Sharif Killer’s family, authorized by his daughter, on behalf of her father and Siteey Qosol Wanaag.
05 Hobolada Hooyibo feat. Dr. Rafi (4:35)
Licensing courtesy of Dr. Rafi’s family, authorized by his son, Younis Rafi, on behalf of his father.
06 Xiriirkaagii aan kusoo Xarakeeyee (Let’s Celebrate our Relationship) feat. Siteey Qosol Wanaag & Aweeys Qaamis (7:28)
Licensing courtesy of Site Qosol Wanaag & Aweeys Qaamis.
07 Wiilkii aan ku Waashee (The Boy who Drives Me Crazy) feat. Shukri Musse & Axmed Sharif Killer (6:21)
Licensing courtesy of Axmed Sharif Killer’s family, authorized by his daughter, on behalf of her father, and Shukri Musse.
08 Ruuney feat. Sahra Azura Xasan & Malow Aw Dinle (5:17)
Licensing courtesy of Sahra Azura Xasan and Malow Aw Dinle.
09 Haba Ley Habaaree (Let Me Be Cursed) feat. Maryan Naasir & Axmed Sharif Killer (6:33)
Licensing courtesy of Axmed Sharif Killer’s family, authorized by his daughter, on behalf of her father, and Maryan Naasir.
10 Shaydan Buulow (Dancing Devil) feat. Siteey Qosol Wanaag & Aweeys Qaamis (5:04)
Licensing courtesy of Aweeys Qaamis & Siteey Qosol Wanaag.
11 Sig Sig Nima (Come Closer) feat. Luul Jeylaani & Cabdiraxman Fanaan (4:49)
Licensing courtesy of Luul Jeylaani & Cabdiraxman Fanaan.
12 Iisoo Buub (Give it to Me) feat. Maryan Naasir & Axmed Sharif Killer (7:23)
Licensing courtesy of Axmed Sharif Killer’s family, authorized by his daughter, on behalf of her father, and Maryan Naasir.
13 Kurbo Jaceyl (Love & Pain) feat. Cabdiraxman Fanaan (7:32)
Licensing courtesy of Cabdiraxman Fanaan.
14 Imtaxaanka Dunida (The Test of Life) feat. Mahmud Abdalla “Jerry” Hussein (4:45)
Licensing courtesy of Jerry.
RECEIPTS.
Here are some of the receipts showing payment to the artists or their families using a variety of money transfer methods to Somalia, Saudi Arabia, the Emirates, and beyond:
Ahmed Sharif’s family (tracks 3, 4, 7, 9, 12):
Siteey Qosol Wanaag (Tracks 2, 4, 6, 10):
Cabdiraxman Fanaan (Tracks 11, 13):
PROOF OF PAST ROYALTY PAYMENTS.
Below are more transfer receipts for two Somali women artists from previous projects who’ve had the most popular songs, as proof of good faith that royalties are paid out regularly, and have done so for many years.
Two of Aamina Caamari’s (track 2 on Sweet As Broken Dates) royalties receipts from 2019 and 2022:
Royalty receipt for Faadumina (track 5 on Sweet As Broken Dates).
There are of course more receipts, these are only a few examples.
DIGITIZATION PRACTICES / THE OSTINATO MODEL.
Lastly, we have developed what we call the Ostinato Model for working with historical / archival music from the global South. We have written extensively about how we are opposed to the whole sale expropriation of valuable physical cultural music artifacts from the global South, especially Africa, which has over 90% of its physical cultural heritage sitting outside the continent. They should remain in the country and not lining private shelves in the west or rich world.
The Ostinato Model focuses entirely on digitization. We bring state of the art analog equipment to digitize the music we would like to assemble and curate from. This is done in the highest audio resolution possible with the best software so little, if anything, is lost. We never extract master or original copies from the country in question. If we are working with an archive, as was the case with the national radio archive in Djibouti, we exchange the equipment we bring as part of the deal to access and digitize the archive. Digital copies are provided to the master / original copies holders. In the instance we source a copy from a country we cannot immediately travel to, or it isn’t financially feasible to travel to digitize one song file, we simply purchase a duplicate copy of the master / original, but never the master / original itself.
This album was compiled from digitized versions of cassettes and a small handful of duplicate physical copies from Mogadishu, Djibouti, Nairobi, Dubai, and London. You can watch a talk about the process and thinking behind the Ostinato Model at this Cambridge University panel and this UCLA panel.
While our due diligence is many of years of work by an expert Somali team intimately tied to the older eras of music, we understand disputes can still arise. If you would like to dispute any of the licenses granted as per the song list above, or you believe you are entitled to compensation as an accredited rights holder of Iftin Band’s music, kindly contact us at info [at] ostinatorecords [dot] com or customerservice [at] somalistudio [dot] com.
We hope this in-depth, transparent break down of our licensing, royalty, and digitization practices sheds light on our behind the scenes dealings. We do not do this work to cut out the artists of their rightful share, but to actively and diligently seek them out and speak to them not only about licensing rights but about their time, memories, and experiences with Iftin. Without the valuable input from artists, this compilation means little. We also bring on board people with intimate knowledge of Somali music deals and large networks to vet the correct rights holders, ie who should be receiving monies and residuals accrued.
If you’d like to purchase the album, you can do so on our Bandcamp page.
