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Music plays an essential role in promoting national culture. It holds tremendous export potential that can translate into significant economic growth and help establish complementary international linkages. In recent years, the Nigerian music industry has witnessed exponential growth, positioning the country as a key player in the global music scene. This growth necessitates crucial discussions on the protection available to Nigerian music artists under the extant copyright law.
There is no gainsaying that comprehensive copyright laws facilitate the creation and distribution of musical works through contemporary commercial media, and serve as a tool for safeguarding the intellectual property rights of music artists. In Nigeria, the primary legal framework that regulates copyrights is the Nigerian Copyright Act 0f 2022 (“the Act”)[i]. Nigerian music artists enjoy numerous rights under the Act; an awareness of these rights is crucial for artists to effectively protect their creative output.
Copyright is the unique, transferable legal right to print, publish, perform, film, or record literary, artistic, or musical works that has been granted to the original creator for a predetermined period of time. It is a type of intellectual property that is relevant to specific types of artistic endeavors. By virtue of Section 1(1) of the Act, broadcasts, sound recordings, cinematograph films, literary, musical, and creative works are all protected as works of copyright in Nigeria. Also, section 1(2) of the Act provides that the work must have been created with enough effort to give it an original character in order to be granted copyright.
It is pertinent to note that copyrights are “territorial” in nature. This means that they are limited to the area under the authority of a state, in which the copyright is granted.
Generally, the author of a musical work holds the copyright in that musical work unless assigned or transferred by way of contract[ii]. The rights available to Nigerian music artists are summarized below:
1. Reproduction Rights — the right of artists to make copies of their music, whether in physical or digital formats.
2. Distribution Rights — artists have the right to control the distribution of their works, including sales and streaming.
3. Performance Rights – the right of artists to have to perform their music publicly, including live shows and broadcasts.
4. Adaptation Rights – this gives artists rthe ight to create derivative works based on their original compositions.
As stated above, copyright in musical works is not granted in perpetuity. It lasts for the lifetime of the author and subsists for 70 years after their death.
Despite the existing legal framework, Nigerian music artists face several challenges, chief among which is piracy[iii]. Piracy is the unauthorized reproduction and distribution of music. It remains a major issue in Nigeria, resulting in substantial financial losses to artists. The prevalence of counterfeit CDs and illegal downloads particularly undermines the economic rights of musicians.
The Nigerian Copyright Commission (NCC) is the body charged with the responsibility of administering and enforcing copyright laws. The NCC, in pursuance of its functions, conducts various awareness campaigns and collaborates with law enforcement to combat piracy[iv]. While the NCC’s efforts are laudable, there is a dire need for better synergy and coordination among government agencies, industry stakeholders, and artists themselves to ensure that these rights are upheld and respected.
CONCLUSION.
As Nigeria continues to make its mark in the global music arena, it is crucial to bolster the rights of artists by revising existing laws and creating more elaborate provisions that take into account the modern complexities in the music industry. The proposed Copyright (Amendment) Bill represents a step towards enhancing these protections, ensuring that Nigerian music artists can navigate the creative space with confidence and security.
[ii]Ojo, A. (2022). “Copyright Law in Nigeria: Challenges and Opportunities.” Journal of Intellectual Property Law.
[iii] Anifowose, M. (2021). “The Impact of Digital Piracy on Nigerian Musicians.” African Music Journal.
[iv] Nigerian Copyright Commission (NCC). (2023). Annual Report.
Written by Grace Eniyandunmo for The Trusted Advisors
Email us: info@cms.trustedadvisorslaw.com