A very special Chronique musicale

[Serge Bellegarde*]

A plea in favor of Haitian artists

Background
It has been a while indeed since my last Chronique, but I had been unsually busy. For the customary readers of this Chronique, this title is unusual for the simple reason that it does not deal directly with music, but with something which directly impacts on the music, and therefore merits particular attention. But let me start by recounting the experience that leads me to write this Chronique.

I was in Florida in the beginning of June and I decided to visit the famous Libreri Mapou, in search of some books and of course, some new music. After that, I go across the street to this Haitian CD store. Now, for the past few months, I had been anxiously waiting for Tabou Combo’s latest CD, the release date of which had been continuously for the past few weeks. On that day, June 10, at the CD store, I asked for Tabou’s latest CD which I thought must be out by now. “Of course I have it” the lady in charge of the store tells me. “It is ten dollars”. The CD has a nice cover of the musicians and at the bottom, the title: Taboulogy. I cannot wait to get into my car and listen.

As I am driving, I am listening to the CD, but by the third song, something sounds strange to me and I am not sure what yet. My cousin was in the car with me. I find myself having to adjust the volume of the radio while I am listening and I tell my cousin that this was strange, but it seems that on some of the songs, the volume fluctuates up and down, that is why I had to adjust the car radio. “No “, my cousin said, “ you are right. The volume does fluctuate..” Relieved that it was not my hearing, I started wondering how the Tabou guys would not notice that something was wrong before the release of this CD.

Once I get back home, I call a friend, a musician and arranger, to recount to him my experience and to tell him how incredible that the Tabou musicians could let this kind of recording go out like that: ”My friend, you got suckered. You were sold a bootlegged copy of Tabou’s CD. I spoke to them and the official version is not out yet and that is why. Someone did them in!” No need to tell you how flabbergasted I was. The cover of the CD is impeccable: no fuzzy picture, nice colors etc. It is when I opened the CD that I realized indeed that I had been had. The letters of the titles of the songs on the CD itself where all fuzzy, a sure sign that it was a copy. So for those of you who may be thinking of buying the CD, you will not have an original copy.

The problem

While I am not an expert in this matter, I venture to make some comments. For those among us who have been following the copyrights issue, we know that this is a huge problem in the industry, whether we are talking about movies or music. For the Haitian artists, this issue looms even larger. In the United States, where American artists have been raised in this environment of copyrights laws and where there is legal recourse, a structure allowing the artist to sue, the situation can be solved, even if it takes a while. The Haitian artist very often does not have a clue of what his rights are, or even if they exist. There never was a formal structure in Haiti to deal with this issue, although I understand that some serious efforts have been undertaken in that domain in Haiti. But the awareness campaign among artists is lagging. Even more tragic though is the fact that there are still too many musicians who live abroad and are not aware of their rights. And add to that the unscrupulous promoters and disc shop owners who are too happy to bootleg brand new CDs. Some will boldly offer you in their stores an original or a copy: such price for the original and a lower price for the copy. What do you prefer? Just like that, with total impunity.

The results of this situation is that the Haitian artist is discouraged, he loses money, his creativity is stifled qualitatively and quantitatively and on a larger scale, it is a part of the culture which is regressing.

What could be done?

I am not enough of an expert to offer a comprehensive solution to this problem, however, I can make submit the following.

a) It is time for Haitians artists (musicians, composers, arrangers, lyricists etc.) to stop bickering among themselves and to form some kind of a union with the specific objective of protecting the copyrights. Maybe it exists already, I do not know, but if it does, the time has come to act collectively. I may step on some people’s toes here, but it is time for all these “live” recordings to stop sounding like amateur’s stuff. In my book, I have been satisfied with some live recordings from only 3 bands (which shall remain nameless).

b) It is time for producers, promoters, managers to also get together with the aim of protecting this part of Haitian culture. It is a fact that Konpa dirèk and Rasin music are beginning to be well known in certain parts of the world, but to me, there is a definite lack of adequate promotion which in the end, would bring greater benefit to all parties involved and would lead to a greater number of bookings and tours by the different groups.

c) It is time for an awareness campaign among store owners about the detrimental effects of selling bootleg copies in their stores and the possible legal consequences if they knowingly condone it. Everyone stands to loose, whereas everyone would gain if more legal copies are sold, considering that now, new CDs have become pretty inexpensive, from $10.00 to $12.00, twice less that the admission to a dance.

d) A legally incorporated association of Haitian artists would go a long way towards enhancing Haitian culture among both Haitians and non-Haitians, throughout the world, while bringing enormous benefits to everyone, the main condition being that the artist should strive to submit a quality product. There are plenty of experts who could establish different criteria for everything.

Just as I set out during these last few years to write the Chronique musicale in order to make Haitian music known to those who may be seeking to buy Haitian CDs, this unusual Chronique aims at raising awareness about something that is detrimental to the Haitian artist, to the music, to the creativity and ultimately to the culture. Something has to be done. The tools are there and all that is needed is for the interested parties to take the initiative to properly protect their craft and if my remarks can lead to at least a launching of a discussion on this issue, that will be a good first step.


Serge Bellegarde
For Windows on Haiti, July 2005

[Leonel Jean-Baptiste*]

First, Serge, let me start by saying that I've missed your posts for the past month. And without realizing it, you are (AprE Guy) a big force on WOH. Like Marilyn, Jaf, Jean-Marie, Nekita, Jonas (who is missing in action), Gelin etc.

Now, about the Tabou Combo issues; it was a deal going bad between them and the Producer (s). I witnessed an argument between a member of Tabou and a producer a couple of months while I was in Brooklyn. It was about the newer CD.

From what I've learned, Tabou authorized the deal. But, in the middle to the end of the transaction, they pulled away...

I don't think you bought a bootlegged one. It is an unfinished deal. Now, I agree once more with you. It is a shame that we are treating our artists so badly. We are making copies, instead of buying their works... I am guilty,for, I know that I can afford to buy a CD. But with help of rewritable, kazaa, morpheus etc, we found ourselves having a lot
of songs without the consent of the Artists.

Serge, I think it's a global problem. If you go to NYC, you will find a lot of brand new movies for just five bucks! It's amazing! And I would like to ask, how can an Artist make a living with the newest technologies these days?

It is an important issue.
leonel

[Serge Bellegarde*]

Leonel,

I feel a bit better that I did not buy a bootlegged copy, even though a lot of leal issues remain to be clarified in the Tabou Combo case. Thanks for the information. But as you say, this is global problem, yes, but for Haitian musicians, it is even more crucial because they come from a place where this concept, the principle of copyright rights are barely or not at all recognized. It is amazing to see musicians who have lived abroad do not appear to be concerned. For example, I am sure you have seen Cds of the beautiful boleros from les Ambassadeurs. Well, I can tell you that the members of the group have not received a penny. My brother used to play in that group and I am the one telling him about those Cds. When it comes to the live Cds, this is an epidemic. I know that this is killing the few store owners who still want to do things right. I know at least one systematically rejects all offers of selling such copies.

Any
way, I believe something has to be done and as you say, even if it is a global problem, Haitian musicians need to take care of it among Haitian artists first and then deal with it at a more global level, because we are the ones lacking most in this situation.

Kenbe fèm!

Serge

By the way, do not worry. I am resuming the Chronique this week, because I have a lot to catch up.

[T-dodo]

Serge,

I am asking Guy to send me your e-mail address so that I can send you an invitation to hook up with me next time you are in Miami. I will take you to my record shop and it is very unlikely that something like that will happen in his store. I have put a request with him since May for Richie's CD. He told me at the times it will come out in July, and July it did.

The problems you are raising, and there are a lot of problems in the HMI (Haitian Music Industry), came out several times on the message board of Carimi when I was active in it. The way the musicians reacted is that they are at the mercy of the promoters and have no leverage on them. I found that difficult to believe.

Another point is the one raised in one of Richie's songs. That is there is no sense of common interest between the various musicians and bands. The reality is a Haitian reality where people do not know how to compete. This was raised in a Carimi song, as well, Nasty Biznis. For Haitians, competing is killing the opposition instead of doing better than it. The musicians keep complaining like Richie did that backstabbing is widespread and fair play does not exist.

All that you suggested is great. But, without some form of entente between the musicians and a feeling that they have common interest, the HMI will remain a jungle. In the process, the musicians, like it is happening right now with Zenglen, will suffer and in the process haitian music and Haitians will continue to lose almost everything that they have, including in that particular case their cultural identity.

[Guysanto]

From the Corbett List

Dec 10 2008
[email protected]

"Music en Folie" seems to have changed it's name to "CD en Fete".

The bootleg RAM CD's, that I see advertised in the Nouvelliste, to be sold are: Ayibobo, Kite Yo Pale, Best of and Puritain Vodou.

None of these CD's are being sold legally and I get no compensation when they are sold.

Slave Fest, a nickname which I gave the festival, is being held across the street from the new US Embassy at the Park Historique de L'Esclavaj, more commonly referred to by it's official name, the Park Historique de La Canne a Sucre.

To legitimize contraband in Haiti seems to be one of the purposes of the festival. Placing the contraband festival across from the new US Embassy, and down the street from the UN Camps, gives Haitian SlaveFest international recognition.

The Nouvelliste, Ticket Magazine and the Park Historique are all aware that the festival includes bootleg CD's.

Truly yours,

Richard Morse
Port-au-Prince Haiti

December 11 2008

[email protected]

Coca Cola is on of the most recognized trademarks in the world. When i saw that they were sponsoring a CD selling event in which illegal copies of my CD's were being sold, it made me wonder; does this mean I have the right to sell fake Coca Cola in Coca Cola bottles? Can I sell homemade brews in the trademarked Coca Cola bottle? Old Testament values: eye for an eye?

What are the implications of people making illegal CD's in the United States and then shipping them to Haiti to be sold at a CD festival ACROSS THE STREET FROM THE NEW AMERICAN EMBASSY?

Coca Cola isn't the only sposor for the CD festival which I like to refer to as "Slave Fest". Comme Ils Faut, Haiti's major cigarette manufacturing company is a sponsor. (Imagine what would happen if I was making fake Comme Il Faut Cigarettes and illegally using their trademarks to sell them).

Rhum Barbancourt, Haiti's world famous rum, is a sponsor of the CD festival I like to refer to as "Slave Fest". How would they like fake Barbancourt rum being sold in their bottles? How would they like an inferior product being used to replace that "special" rum for "connaisseurs"?

Voila, the phone company, who's front person, Wyclef Jean, makes his money in the music business, is a sponsor. How would they feel if people started selling fake phone cards on the streets of Port-au-Prince?

I'm sure all the companies would bring teams of lawyers, the justice ministry and the police in on the scene at the blink of an eye.

I've got festivals in New York and Boston and Miami using my band to promote their upcoming events without having contacted me or secured a deal with me. At what point do these actions become Federal Crimes? At what point do people start getting arrested? I don't have the money to keep a team of lawyers on payroll.

Every year I watch bootleg compilations being sold with RAM songs included. I see low quality bootleg videos being sold on the streets, being played in peoples homes. What can i do about it? Nothing, really. However, when Coca Cola and Rhum Barbancourt and Wyclef Jean's official sponsor get in on the action, then things begin to take on a different flavor. Thats when I can yell "AMMMWEEEEEY!!" Thats right, I can holler, I can't really do anything else....

Truly yours,

Richard Morse
Port-au-Prince Haiti