Neneng Yannick

03/08/2023

Thank you International Society of Primerus Law Firms. I'm honored by this opportunity to cover the aspect of doing business in the Cameroon and CEMAC region.

Join Neneng Yannick of Law Office virtually Monday, August 7th at 10am ET for Coffee and Conversation!

To learn more, check out the short video here: https://vimeo.com/849547123

Click here to register: https://cvent.me/LLWBOz

We hope you can attend and we look forward to seeing you Monday!

29/10/2021

The Law and Music: The ASPECT OF MUSIC PUBLISHING IN CAMEROON.

Music publishing is a vital aspect of the music business, which is in need although complex in Cameroon is regulated by Law No.2000/011 of 19th December 2000 on copyright and neighboring rights.

The Cameroon music industry needs adequate publishing firms to step up its game. The laws have been enacted in regards but faced with the problems of proper implementation.

In Music Publishing, a publishing contract is what binds a copyright owner and a music publisher. This involves a copyright owner and a music publisher engagement through a publishing contract.

Section 42 of the Law on Copyright & neighboring rights defines a publishing contract as an agreement by which the copyright holder authorizes a person called a publisher, under defined conditions to ensure the license, publication and distribution of their musical composition for financial benefits.

*Who then is a copyright owner of a musical Composition?

Copyright holding in Cameroon is regulated by the Bangui Accord as amended 2002 on Intellectual Property Right.

A copyright owner of a musical composition in Cameroon shall be an individual(a performing artist) or a musical corporate body who officially have registered their musical composition with the competent authority in Charge of copyright and intellectual property in Cameroon.

Musical compositions without copyright protection are deemed to have no legal protection at law.

In Cameroon, the African Intellectual Property Organisation is the main regulatory body responsible for the protection of copyright of musical composition, tradenames and marks of individuals and recording companies.

*Who is a music publisher in Cameroon?

In Cameroon, a music publisher can be an individual or a corporate body duly authorised by the ministry of Commerce to carryout such activities per the law.

The music publisher responsibility is to ensure the copyright owner music is properly published and payments received of their musical compositions.

*The Role of Copyright owners in Music Publishing in Cameroon per the law on Copyright and neighboring rights of Cameroon;

- The copyright holder is to ensure their intellectual property rights of their musical composition is legal protected before engaging in any publishing contract.
- Give the music publisher peaceful and exclusive grant through a publishing contract to distribute their music for commercial and financial benefits.

- Permit the publisher to fulfil their obligations within the time frame as stated in the publishing contract.

*Role of Music Publisher in Music Publishing in Cameroon per the law on Copyright and Neighboring rights;

- Ensure the publication is done under the conditions as expressed and agreed in the publishing contract.
- Make no alterations on the publishing contracts unless discussed, and a written authorization issued sameby the copyright owner.
- Ensure each copy of the musical composition to be published bears the name and trademark of the copyright owner, unless otherwise agreed upon by both parties.
- Provide copyright owner with all evidence as to the exactness of their accounts regarding their musical composition published.
- Produce and provide a yearly statement indicating the distribution and sale of records of musical compositions of copyright owners.
- Have no right to engage or transfer the benefits of the publishing contract to a third party without the copyright owner consent.

*Termination of Music Publishing Contracts.

The law on copyright and neighboring right of Cameroon provides instances where music publishing contract can be terminated such as;

- Where the music publisher has completed their work within the time frame as specified by the publishing contract. The contract will be deemed terminated.
- In exceptional circumstances, the law provides, where a publisher or copyright owner fails to execute their obligations as per the publishing contract and law, the contract can be terminated.

*What should not constitute a publishing contract.

Partnership contracts and hiring of the music publisher is different from a publishing contract and shall not suffice in any circumstance as a publishing contract.

*Disputes in Music Publishing in Cameroon

Dispute outcomes shall results in;
- Penalties of imprisonment of from 6 months and above depending on the gravity of the offence.

- Penalties of fines of from 500.000 Fcfa to 3MFCFA depending on the gravity of the offence.

- Suspension and confiscation of musical composition of copyright owners.

- Suspension or banned of exercise of music publishing activities on the music publisher.

20/10/2021

INVESTING IN CAMEROON: A GUARANTEED OVERVIEW TO FOREIGN INVESTORS.

Investing in Cameroon is regulated by law No.2002/004 of 19th April 2002 on the Investment Charter of the Republic of Cameroon.

Hence who is an Investor?
Section 3 of the aforementioned law defines an investor as any natural person or legal person, Cameroonian or foreigner, resident or non-resident who or which acquires an asset in connection with the performance of his, her or it's activities in expectation of returns.

In regards, the state of Cameroon has issued laws and regulations to guide and enable a conducive environment to foreign investors in their quest doing and aiming to do business in Cameroon. The aforementioned law in effect provides investment guarantees to investors of the private sector as follows:

- Freedom to exercise an economic activity in Cameroon for every physical or corporate body of Cameroonian of foreign nationality.

- Benefit of full protection of Cameroonian right.

- Free choice of the legal procedure for arbitration and dispute settlement.

- Enjoyment in the respect of the laws and regulations enforce of the right of every kind in terms of property (movable or immovable), concession and administrative authorisation to every physical person or corporate body no matter the nationality.

- Free transfer out of the territory of revenue of every kind coming from capital invested in.

- Free ex*****on of contracts useful for the interest of the investor in terms of finances and commerce.

Moreover, laws issued by the state to guide foreign investors in Cameroon, aiming to establish up their investment projects shall include the following laws:

- Immigration Law
Foreign investors (natural persons or corporate bodies) shall obtained the necessary visas for expatriate staff relating to the ex*****on of their investment project in Cameroon. These expatriate staff most have duly approved contracts of employment by the Ministry of Labour in Cameroon, also enabling their immediate family to reside in Cameroon for their work purpose.

- OHADA Business Law
It enables and regulate natural persons or corporate bodies in their formation and incorporation process in accordance with OHADA business law in Cameroon. The law sets out the modalities on which foreign investors are to respect doing business in Cameroon.

- Tax Law
Taking into consideration Cameroon’s tax code, every foreign investor shall comply with its tax payments according to its tax regime per its functioning activities in Cameroon.

- Labour Law.
Foreign Investors shall in the application of fairness and transparency treat their workers be it nationals or foreigners in contractual engagements by the labour code. Nevertheless, the social security scheme of its workers.

11/10/2021

LEGAL DUE DILIGENCE MAKING GOOD BUSINESS DECISIONS: A PRIOR COMBAT DISPUTE APPROACH INVOLVING IN BUSINESS TRANSACTIONS.

▪Overview
My observations as a Legal Practitioner in Cameroon has drawn the conclusion that many individuals, entrepreneurs(SME) and investors in their quest of doing business, often fail in doing the needful when ENGAGING in business transactions.

Having the best business ideas doesn’t make a successful business. Individuals, entrepreneurs and Investors sometimes need a sound legal orientation and advice to protect them when engaging in transactions.

A good business decision involves carrying out legal due diligence and seeking ADVICE being abreast with the intention of the transaction intended.

▪Follow Up Questions
Is the transaction in accordance with the provisional laws regulating the business activity I am about to engage in? What does it take to legally engage in such a transaction? What documentation is needed? How is the business environment I intend to engage this transaction? Is it accommodating?

Does the product I intend to engage in a transaction in existence? Is it contraband good or a legally approve good? Is the documentation of the subject of the transaction valid? Is the transaction in itself worth engaging? What are the possible lapses engaging such transactions?

These are some of the questions we need to answer to enable us to make those good engaging business decisions. Hence, the OHADA Uniform Act is the provisional law regulating business transactions in Cameroon.

▪What then is a Legal Due Diligence?
It is an investigation or exercise of care carried out prior to the intended business transaction to seek the legal address and confirm the facts of the transaction under engagement.

As individuals, entrepreneurs, investors and corporate entities, it is your sole responsibility to engage a Legal Due Diligence; why your responsibility?

This is because the liability onus shall always fall back on you whenever there is a miscarriage of the transaction, so why not do the needful? Legal due diligence.

Findings, confirming or not as to the elements of the transaction, a legal opinion always gives a clear cut on points of law or unlawful, as to if your interest is guarded on the subject of the business transaction.

▪Do you ever exercise Legal Due Diligence in your business transactions?

Fundamentally, we often negligent this crucial procedural aspect of inquiry from the beginning then subsequently HAD I KNOWN or IF I BE KNOW when a miscarriage of liability of the transaction has occurred.

The majority of us often seek to carry out legal due diligence or seek legal advice with regrets of HAD I KNOWN or IF I BE KNOW.

▪Can ‘HAD I KNOWN’ or ‘IF I BE KNOW’ be avoided?

Yes, it can be avoided. Legal Due Diligence should be the first action to be taken toward engaging in any transaction or related business.

Yes, Due Diligence will cost you some CFA FRANCS but trust me that is worth avoiding the consequences that come with failure to comply with the needful.

Failure not to do the needful Legal Due Diligence; must at times ends up in unnecessary disputes which eventually leads to litigation, time-consuming, extra expenditures, stress and depression.

On the other hand, when due diligence is exercise, risk and stress are avoided, unnecessary disputes are avoided, the transaction becomes flexible, you save extra cash, it boosts confidence, trust and a good sense of judgment in the business transaction.

▪Conclusion
Be mindful and conscious of the needful due diligence it saves us from regrets HAD I KNOWN or IF I BE KNOW. It is important to act in accordance with the law. The law is assurance and will always act as your SECURITY where there is a miscarriage of an engagement in a business transaction.

08/10/2021

THE LAW AND MUSIC: A CONCERN AND DEVELOPING FACET IN TODAY’S CAMEROON URBAN MUSIC SECTOR.

1. Overview

The everyday growth of the Cameroon Urban sound and music has become an indication, there is the need to put in place sustainable structures to accommodate the diversities of the rapid growing music.

The role of law has played its part and is still in the process of engaging many more sustainable solutions in this regards. As a legal practitioner with specialty in this sector, my appreciation, holds 80% of performing artist and music stakeholders in Cameroon are still a lot ignorant on the laws relating to music.

With the proposal and eventual adopting of bill N°1076/PJL/AN governing artistic and cultural associations in Cameroon enforced as Law N° 2020/011 of 20th July 2020, regulating artistic and

cultural Associations in Cameroon, it is imperative that actors of this sector become abreast with the law, identify their role and responsibilities per the law toward each other, the state and thus together enable their individual and collective growth.

Introduction
No matter how good a performing talent OR outstanding a music company you are, the law shall always be superseding. Keep this in mind.
Talking about the law and music in Cameroon, it is important we can’t talk of music without mentioning the following laws;

- Law N° 2020/011 of 20th July 2020, regulating artistic and cultural Associations in Cameroon.
The law upon enforcement faced a lot of criticism from Performing artists, music stakeholder and the entertainment industry at large. The law aim at provides and outlines the role and obligations of Performing artists and music stakeholders toward one another, the profession and the state.

- Law N° 2000/011 of December 19th 2000 on Copyright and Neighboring rights in Cameroon.
The law identifies and defines the scope of the various Performing artists in the music sector in Cameroon to include song authors, singers, musicians, dancers, music producers and other stakeholders who represent the music sector etc.;

The law aims at protecting all artistic works irrespective of the genre and hence sets out the rights of copyright holder and modalities as to music sampling, preservation of recording data, photographic works, artistic images, video productions, performance and publishing contracts, publishing business, music distribution and licensing etc.

Lastly, the law also outlines what suffices as an infringement with penalties on defaulters be you an individual or corporate entity (Record companies, video production entities, photographic household etc.) on copyright and other related issues.

- The law regulating intellectual property practice in Cameroon the Bangui Accord of 02.03.1977 as amended on 24.02.1999.
This law in applicability in the music sector aims at protecting trademarks and service marks of independent artists and music companies in Cameroon. The law requires for every trademark or service mark must be dully registered with the competent authority.

2. Other Applicable Laws

- Law N°2016/007 of 12 July 2016 on the penal code of Cameroon.
The law outlines crimes committed by defaulters stating punishments on some aspects of the music sector, intellectual property and other related issues.

- Law N°92/007 of 14 August 1992 relating to the Labour Code of Cameroon.
This law stands to protect Performing artists and various industry stake holders in contractual employment agreements with record companies or entities. Hence, performing artist with contracts signed to record companies suffice as employment contract. Where there is a violation of term by either parties (performing artist or record company) in such contracts shall be subject to conciliation before the labour inspectorate.

3. Key Institutional Structures in the Music Industry in Cameroon.

-Ministry of Arts and Culture
Every performing artist in the Music sector in Cameroon is obliged to have his or her name enrolled in the registry of the Ministry of Arts and Culture. Like any other profession with regulatory structure, the music sector in Cameroon is supervised under the auspices of the Minister of Art and Culture in Cameroon.

-SONACAM
It is an independent music copyright management structure of Cameroon, comprising of different stakeholders of the music sector in Cameroon.
They are and act as an intermediary channel between the supervisory body Ministry of Arts and Culture and the Cameroon artists.

Their role and responsibility is to manage artist copyright and royalty issues, table artist grievances and negotiate better outcome before the supervisory authority.
SONACAM as of today is top among the outstanding structure in Cameroon where artist as registered members’ benefits from government subventions and are able to peruse royalties.

- Ministry of Commerce
Every stakeholder authorized to carry out music business must be registered with the ministry of Commerce to obtain a legal status. Moreover, such legal status shall be subject to submission of its objectives before the said competent structure.

- Ministry of Finance
Every individual, record company or entities authorized to carry on business in the music sector shall be obliged to declare its taxes to the State of Cameroon and such taxes shall be declared via the Ministry of Finance.

4. Criminal aspects of the Laws relating to Music in Cameroon
- Sampling of artistic work without due permission,
- Infringement of Intellectual Property and Artistic Rights,
- Infringement of registered trademark,
- Revealing commercial and Professional confidence of an individual or music entity.

07/10/2021

Introduction

Neneng N Yannick is a practicing Advocate of the Cameroon and Nigerian Bar Associations. I am based in Douala, Cameroon, Central Africa.

My areas of practice are transactional and extend across many areas such as;

Business & Corporate Law, Sport & Entertainment Law, Contract Law, Cybercrime, Information Technology,

Conveyancing & Real Estate Law, E-Commerce Law, Employment Law, Immigration Law and Intellectual Property law etc.

Neneng's interest on legal research and writings focuses on his areas of practice a niche on the applicability and understanding of the role of law.