Award-winning Ghanaian gospel musician Diana Hamilton has emphasized the critical need for artistes to obtain permission before performing or reproducing songs by other creators. Speaking on Joy FM’s Showbiz A-Z, Hamilton shared personal experiences illustrating her commitment to respecting intellectual property rights, even within the gospel music sphere.
Hamilton, known for hits like “Ensi Wo Yie” and “Adom,” recounted instances where she proactively sought and received approval to incorporate other artists’ works into her performances and recordings. This practice underscores a broader conversation within the music industry, particularly gospel music, about copyright adherence.
Navigating Copyright in Gospel Music
The gospel music community often grapples with the tension between the desire for widespread evangelism and the legal framework of copyright. Hamilton’s perspective stems from her own journey, where she has encountered both successful and unsuccessful attempts to gain permission for song usage.
She recalled a recent experience where she performed a medley including a song by Francis Agyei. Hamilton stated she called Agyei directly to inform him of her intention to start her medley with his song, and he readily granted permission.
Another instance involved a Pentecostal praise song, “Nsenkyerene Nyankopon.” After obtaining permission and releasing the song, Hamilton felt inspired to include a song by a Nigerian artiste during a live performance at her “Experience Concert.” Her management later attempted to secure permission for the song’s inclusion in a recording after the event.
However, the rights holder declined the request. Hamilton confirmed that this portion was subsequently removed from the recording, stating, “So we cut that portion out as I had done it on stage without her knowing because I don’t want trouble.” This illustrates a strict adherence to rights, even when the initial performance was spontaneous.
The “Days of Elijah” Example and Unreleased Performances
Hamilton also cited the popular song “These Are the Days of Elijah.” She acknowledged performing it on stage during the “Experience concert” because it fit the moment, not with the intention to reproduce or monetize it. Her approach was conditional: if permission was granted, it would be great; if not, she would simply sing it for that night and move on.
Furthermore, she revealed an instance where she intended to use a song by Jesse Dickson but has been unable to release the performance because she has not yet secured permission from the rightful owner. This highlights the practical challenges and potential delays copyright considerations can introduce.
“I have been turned down, I have been allowed. I have both experiences. But I will always make sure that I had sought permission before I do that,” Hamilton affirmed, reinforcing her unwavering stance on respecting intellectual property.
Broader Industry Debate
Hamilton’s comments come amidst an ongoing debate about whether copyright laws should be relaxed for gospel music. Proponents of relaxation argue that gospel music’s primary purpose is evangelism and spiritual exaltation, suggesting a less stringent approach could facilitate its spread.
However, the music industry, including the gospel sector, has seen several high-profile cases where churches and gospel musicians have taken legal action against others for copyright infringement. These disputes underscore the existing legal protections for creators and the potential consequences of non-compliance.
Implications for Artistes and the Industry
Diana Hamilton’s proactive approach serves as a model for other gospel musicians and creatives. It highlights that while the intention behind using another’s work might be noble, legal permissions are essential to avoid potential disputes and respect the labor of fellow artists.
The ongoing dialogue suggests that while the spirit of gospel music aims for broad accessibility, the practicalities of copyright law remain a significant consideration. Artistes must navigate this balance carefully, understanding that unauthorized use can lead to legal repercussions and damage professional relationships.
Moving forward, the industry will likely continue to see discussions around fair use, licensing, and best practices for collaboration within gospel music. The experiences shared by Hamilton underscore the importance of clear communication and formal agreements to ensure that creative expression flourishes without infringing on established rights.
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