Music publishers, intellectual lawyers chart course for copyright laws in Nigeria

The global acceptability of Afrobeats has made the Nigerian music industry one of the country’s biggest exports.

According to data from PwC, the Nigerian music industry is estimated to be worth $19 billion.

Similarly, a data company, Statista, projected that streaming royalties due to Nigerian artists from digital distribution platforms will hit $44 million (N3.3 trillion) by the end of 2023.

To harness the full financial potential of Nigerian music, when artists and music producers understand understand copyright. To through more light on copyright and how Nigerian music creatives and make the best of it, Plug Music Service, a music management, distribution, publishing agency, in partnership with UK music royalty collective, the Performing Rights Society (PRS), organised an event aimed at educating and empowering songwriters and music professionals in Nigeria.

The event which was recently held in Victoria Island, Lagos State, on 25 November, featured interactive sessions and panel discussions around copyright between musicians, music collectors, publishers, and intellectual property lawyers.

The event brought together key figures in the industry.

Notable panellists at the event included Jacqueline Pelham-Leigh from PRS for Music, Bizzle Osikoya of The Plug, Michelle Escoffery, the President of PRS for Music Members Council, Ibukun ‘Aibee’ Abidoye of Chocolate City Music, and Tola Bello of Sobowale, Medidem & Bello.

Prominent entertainment personalities such as Asa Asika (Davido’s manager), Kenny Ogungbe, Kizito Ahams, singer; Emoseh Khamofu, aka, Bloody Civilian, Olayiwola Olajumoke, and Tope Salami contributed to the discussions.

Discourse

Speaking at the event, entertainment lawyer turned music executive Ibukun Abidoye shed light on the dual facets of copyright—sound recording and composition—managed by different entities.

According to Ms Abidoye, the significance of copyright is emphasised from the moment a song is penned, with the rights divided into the writer’s share and the publisher’s share.

Explaining the concepts to the young artists in attendance, she said, “The sound recording copyright is the expression of the artist, what we would describe as the musical composition and the record label is managing the musical expression of the song.”

“The rendition of the artist’s perspective of the song and the composition copyright that the publisher manages is essentially the essence of the music, and it is the lyrics, the chords, and the key. It is fundamental to the music, from the writing to the song’s delivery.”

“Copyright is established when it is laid down; it has to be put into a tangible form, and you have a right to manage that yourself or assign the rights to somebody else to manage for you.

“In the case of a songwriter, the moment you pen your song on a piece of paper, you have established your copyright, and in that sense, there are two shares to the copyright: you have the writer’s share and the publisher’s share.

“Once you assign your publishing interest to the publisher, a company representing the interest of the songwriter and producers, they manage that copyright share for you.”

Legalities

The discussion referenced a recent case involving an English singer-songwriter, Ed Sheeran, who successfully defended against a copyright infringement lawsuit related to his song “Thinking Out Loud.”

According to the lawsuit, Ed Sheeran allegedly borrowed the rhythm, and chord progression, from Marvin Gaye’s 1973 soul anthem without proper permission.
The complainant argued that “Let’s Get It On” is a crucial part of the American musical experience, but the defendant maintained that Marvin Gaye’s ‘Let’s Get It On’ was already in the public domain.

However, the Manhattan court ultimately ruled in Sheeran’s favour, stating that he had “independently” created the Grammy award-winning song in 2014.

The panellist revealed that Ed Sheeran successfully defended his musical originality against copyright claims because he understood what copyright entails.

The panellist also advocated for specialised judges in handling cases of copyright infringement in Nigeria and setting good precedents for future court cases.

The panel also lamented the lack of stringent laws against copyright infringement in Nigeria.

AI and copyright

Addressing the evolving landscape of AI in the music industry, the conversation shifted towards platforms grappling with the ethical considerations surrounding the use of AI-generated music.

The potential for AI to replicate an artist’s voice raises questions about moral rights, with the need for a nuanced understanding of copyright in the AI era.

According to Ms Abidoye, the challenge lies in encouraging creativity and protecting copyright.

She said, “I think it will take some time for us to understand how to navigate copyright around AI. A lot of this is going to end like how we claim rights for samples, and the truth is that there are people who have never thought of doing an Afrobeat song, and then they hear their voice on an Afrobeat song via AI; some people are going to give you the right to monetise the songs with their voice because, from the creative perspective, you can’t stop people from experimenting with AI.

“I think people would use AI a lot for promotional purposes. I might not listen to a song until my favourite artist has voiced it, and then I might want to listen to the original.”