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G. Diawara was a professor at the University of Mali, president of the Mali Writers Union and the Mali International Theater Center, honored with the French Order of Merit for Culture and the UNESCO Prize for Poetry. He also contributed to many of Skamp’s songs, only for which, according to his son Viktor Diawara, he was not paid a penny.
The musician only found out about this after his father’s death, when he went to Mali to begin processing his will. It then became clear that he had not been paid for public performance of songs since 1999, and that the money, Victor says, would have been significant financial aid.
According to Victor himself, he recorded the songs in 2000. According to him, it was said that the necessary documents have been submitted, the author of the songs will receive a fee from LATGA.
“I didn’t even think things like that could happen. But yesterday, in 2021, I found out that a list of people wanted by LATGA has been published, which is that my father has, but LATGA itself could not announce that it was looking for him in so long? As if there were many Diawars in Lithuania and it would certainly not be possible to find her son. He sends me reports about the songs every three months, but now he says he doesn’t know where to go to pay. ” 15 minutes his opinion was based on Victor.
Your opinion on the situation 15 minutes Paulius Sartatavičius, Head of the LATGA Department of Musical Works, and Raminta Naujanytė-Bjelle, newly elected LATGA Board President, also introduced themselves during the discussion. After strong accusations, LATGA representatives do not deny that the organization needs to be restructured, but in this case it will not be possible to recover the money, because G. Diawarai was not a member of LATGA.
In this case, the authors are included in the wanted authors list, according to which the royalty is calculated. It is stored for three years, so V. Diawara would only recover the amount calculated from 2018. Likewise, according to LATGOS representatives, no one asked about this issue in the period from 2005 to 2015.
In more detail in the video:
VIDEO: Viktor Diawara promises LATGA to sue: how not to get into such a situation?
After the musician’s speech about the unpaid royalties to the father, the LATGA association presented an official position.
“We deeply regret the misunderstanding regarding the copyright of Gaiasou Diawara, the father of Victor Diawara. We try to explain this situation by establishing our version of events.
Gaoussou Diawara from Bright Memory has never been a member of LATGA, he has entrusted the administration of his rights to the French collective management company, SACEM, with which we cooperate based on international agreements. The author had entrusted this association with the administration and collection of royalties only for part of his rights as an author. Unfortunately, there were no public performance rights among the transferred rights. Our member V. Diawara, who has composed many songs based on his father’s lyrics, talks about the right to remuneration for public use of works in his comments and interviews.
Unfortunately, we have no surviving data from interviews with our specialists in 2000 or 2001 on remuneration for public use of the joint works of Victor and his father. Therefore, we cannot affirm or deny that one of our employees assured V. Diawar that “all documents are in order and you no longer have to worry about anything.” However, such a saying is difficult to imagine, because even our members have not only rights but also responsibilities, such as providing and updating all information about themselves and their jobs; We ask for it in our membership agreements. And LATGA in its activities is governed by legal acts and internal documents approved by the General Meeting of Members, not only by conversations with the authors.
Interestingly, since the registration of G. Diawara’s co-authored works in 2005 to 2015, no one has approached us on this topic.
2015 Skamp management contacted our specialists and asked them about the situation, and our specialist described it. However, after this interview in 2015, Mr. Diawara did not transfer the public performance rights to SACEM or any other collecting society in the world. It is possible that both parties did not communicate, so such a situation was unpleasant for both us and the authors.
For this reason, LATGA did not have a legal basis to transfer the royalties collected from the use of works (co-authored by G. Diawara) in Lithuania through a public performance. The money attributed to him was transferred to the non-distributable fund and redistributed to other authors.
For the public performance of works co-authored by G. Diawara, royalties on the territory of Lithuania were collected and stored in the normative documents of the European Union, the Law on Copyright and Related Rights of the Republic of Lithuania and the LATGA documents approved by the LATGA General Board, that is, three years the year in which the royalties were collected. This means that all authors who are charged royalties but cannot be paid for various reasons (rights not delegated to any association (non-member), only some rights transferred, unknown contacts, details, etc.) can apply on any time to LATGA or another association in other countries with which LATGA cooperates and receives the royalties that belong to them and collected during the last three years.
These authors are publicly listed on the requested authors list, which is required by law to be made public. All collecting societies strive to find such authors, as do our human resources. Currently, there are more than 1,500 music and lyrics authors on this list alone (we are constantly updating and publishing the list on our website https://www.latga.lt/ieskomi-autoriai-paveldetojai/). These practices exist in all European countries and authors everywhere are encouraged to take more active care of their work. We understand the sensitivity and specifics of the situation, so we will do our best to resolve this dispute peacefully, communicating with both V. Diawara and other heirs of the rights of the esteemed G. Diawara. This issue will be discussed in the next meetings of the LATGA Council ”, the official LATGA comment is announced.
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