Awesome Limited

^{By Nigel Telesford
Published in the Trinidad Express Newspaper 12th September 2010}

A songwriter since he was nine and a performer since his early teens, Richard "Chromatics" Raj-Kumar is no stranger to music, but more recently, the 27-year-old artiste/record label CEO and recording studio manager has been showing the local music industry exactly what he's made of and why they need to know his name.

"This is my life," he stated matter-of-factly. "I chose the music business above all else and I made it my business to make it my business and not just a hobby, if you know what I mean. So I'm not in it for fame, or because I just like how my voice sounds on a CD, I'm in it to prosper and to feed myself and my family."

In 2007, Raj-Kumar formed his own record label Highway Records and opened a recording studio in Curepe. Since then, he has released his debut album Against The Grain and signed several acts to his label. In March, he began to distribute a series of releases designed to promote himself and his artistes, most of which found favour with local DJs and received heavy rotation on a number of radio stations.
Last month, Raj-Kumar returned from a productive promotional stint in London, only to be given the news that all his music had been pulled from the playlists of several popular radio and television stations. Needless to say it was a devastating blow, especially since his catalogue had already received over 1000 plays in the space of three months. However, rather than cry over the spilt milk, Raj-Kumar took action.

"We did some investigating," he said, "and found out that the TTPBA: the Trinidad and Tobago Publishers and Broadcasters Association had sent a letter to all its members, -which is most of the radio stations in the country- stating that they have no memorandum of understanding with the agency assigned to collect royalties on behalf of our label and therefore, their members were not obliged to pay us. Rather than continue to play our tracks and be held liable, most of the stations decided to remove the music."

Established in July 2007 and headed by director, Sherwin Fortune, Awesome Ltd is the country's third official performance and mechanical rights (royalty collection) organisation. With approximately 350 members, Awesome's catalogue includes music created by "Chromatics" and several artistes signed to his Highway Records Label.

Only when Awesome attempted to collect royalties for Highway Records' music in July were they informed that the TTPBA had advised its members not to pay them. Subsequently, in a letter sent to Awesome Ltd dated July 23, the TTPBA stated that it had "taken a decision not to sign a Memorandum of Understanding with Awesome at this time" because in their opinion the company "does not represent more than five per cent of any of our joint membership's repertoire".
Both "Chromatics" and Fortune are aghast at the TTPBA's statement and believe that the decision not to pay the royalties already accrued is a violation of the Copyright Act. COTT president Lutalo Masimba agrees that such a decision is a violation of the act and says that the TTPBA is infamous for "flouting the law" in this regard.

"TTPBA has always been playing games," he said, "and giving resistance to pay. We at COTT have had our fair share of disputes with them and have even had to resort to legal actions in the past, which is why it's unfortunate that COTT has been linked to some sort of conspiracy with the TTPBA in various discussions on this issue."

Masimba said that in most countries around the globe, one copyright or royalty collection agency is usually sufficient to oversee and administer the rights of its artistes, but admitted that in the United States there are two, namely: ASCAP and BMI. As an artiste himself, he expressed sympathy with the plight faced by "Chromatics" and company, but insisted that COTT is not at fault or to be blamed for this issue.

"COTT is a landmark organisation and a point of reference in our music industry," he said, "because it was formed by artistes and songwriters and music publishers here to represent us and has since been recognised by and signed reciprocal agreements with other societies all around the world. At first, they said that we could not do it by ourselves here in Trinidad and we have proven them wrong and grown from strength to strength along with our membership."

On Friday, September 3, "Chromatics", Highway Records and Awesome Ltd staged a peaceful demonstration outside the offices of Citadel Ltd: parent company of RED 96.7 FM among others.

Citadel chairman and newly-appointed Mayor of Port of Spain, Louis Lee Sing, responded to Awesome with a letter dated August 16, which thanked them for their correspondence on the matter and stated that they (Citadel) "have taken steps to ensure no further airplay of the artistes" provided on Awesome's list.

"Chromatics" sees the response as "blatant disregard for his music, business and his artistes", but said he could "live with their decision, if they had agreed to pay" his royalties for all the previous times his music had already been played.

"Like I said, this is my life," he lamented, "and every song is an investment and our royalties come like our pension plan. So if they say, we don't want to pay you to play your music, well that's their choice at the end of the day, but how can they say that they're not going to pay us for what they have already played? That's highway robbery!"

Last week, the TTPBA met with Highway Records and Awesome and was due to release a statement which reportedly would "clear the air" on what has become a rather tense situation. Up to press time, no statement from the TTPBA had been received and TTPBA president Kiran Maharaj could not be reached for comment.

"Chromatics" said he intends to "remain in their faces" until the situation is resolved to his satisfaction and is due to perform on September 21 at The Coco Lounge on Ariapita Avenue, Woodbrook.