Mbabane – Local artists, filmmakers, and content creators in Eswatini are being urged to protect their work and understand the business side of the creative industry to ensure sustainable careers.
Mmeli Hlanze, Executive Director of the Eswatini Copyright and Neighbouring Rights Society (ESWACOS), addressed participants on the television mentorship programme The Platform this week about the importance of copyright, royalties, and brand management. Hosted by Bello Nkhosi, the programme featured artists such as Mandisa Mamba, an artist and actor; Lyrikal Busta, an artist; Cheistar, an artist and entrepreneur; and Velefini, director of Wordis. They shared their experiences in music, acting, and entrepreneurship.
Hlanze explained that ESWACOS registers creators and their works, collects license fees from businesses using music or other content, and distributes royalties to registered artists. “When you become a member of ESWACOS, you are guaranteed payment whenever your music is used, both locally and internationally,” Hlanze said. He added that the society also runs training programmes and will soon introduce social welfare grants, including funeral cover, for members.
The discussion addressed common challenges in the industry, such as disputes over royalties due to missing agreements. Hlanze explained that split sheets, which define how royalties are divided among composers, lyricists, and performers, are critical. He also broke down royalty types, including mechanical royalties from streaming and downloads, performance royalties from public plays, and synchronization royalties for adaptations in films or adverts.
“Many disputes occur because creators focus on art first and business second,” he said. “Using split sheet templates ensures that everyone involved in a song or project receives their fair share.”
Hlanze further discussed the use of music in venues such as clubs, hotels, and events, noting that the Copyright Act ensures contributors are paid, even if they are not physically performing on stage. “All businesses playing music owe royalties, which are then distributed based on reported usage and registered works,” he said. ESWACOS has implemented monitoring systems to track radio plays and is working with stage managers to record live performances.
Participants also asked about international royalties, particularly from South Africa. Hlanze confirmed ongoing discussions with regional collective management organisations in South Africa, Botswana, Lesotho, and Mozambique to ensure Eswatini artists are paid when their music is played abroad. Digital platforms are also part of these negotiations.
The programme highlighted the importance of protecting artist brands. Hlanze advised artists to register trademarks for their names, track audience reach, and understand contract terms. “Contracts should clearly define the rights being given to corporates, including geographic scope and duration. Numbers and leverage are key in negotiations,” he said, cautioning against relying solely on verbal agreements and suggesting contracts of three to five pages that outline all terms.
The discussion also explored artificial intelligence in the creative industry. Hlanze clarified that copyright law requires human authorship, meaning AI-generated works do not qualify for royalties. However, AI can be used as a tool to assist human creators, for example, in mixing and mastering music.
For young creatives, Hlanze encouraged understanding the business side of their industries, learning from those behind successful artists, and building brands authentically. “Focus on brand building, protect your brand, and understand the industry you are in. Creativity is important, but knowledge of business ensures sustainability,” he said.
Several participants shared their future goals, including expanding businesses beyond Eswatini, launching record labels, and contributing to the growth of the creative sector in the country.
Watch The Platform | Own Your Art: Mmeli Hlanze on Protecting Creatives’ Rights in Eswatini
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