In Nigeria, copyright registration and protection are governed by the Copyright Act Cap C28 Laws of the Federation of Nigeria 2004 (as amended by the Copyright Act, 2022). This law provides a framework to protect the intellectual property rights of creatives in the music industry, including songwriters, composers, performers, producers, and publishers.
The Copyrights Act defines "a musical work as any musical composition, irrespective of musical quality and includes works composed for musical accompaniment. The law protects a wide range of musical expressions, from simple beats to complex orchestral pieces". In the music industry, this will look like musical compositions (melodies, harmonies), lyrics, sound recordings, performances, arrangements and productions.
However, section 1(2) of the Copyrights Act goes further to require "that sufficient effort be expended towards the creation of the work to bestow upon it an original character. Furthermore, the work must be fixated or recorded on a medium of storage from which it can be perceived, reproduced or otherwise communicated either directly or with the aid of an appropriate machine or device".
This shows that even though the creator does not have to expend a high level of creativity, they must expend sufficient effort to give the work an original character that excludes it from being trivial or copied. Also, the work must be fixed in a tangible medium such as written notation, audio recording, or digital storage from which it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. So, unrecorded freestyle performances or ideas that remain in a creative's mind will fall outside the scope of protection under the Copyright Act.
It is also important for creatives in the music industry to register their body of work with agencies like Nigerian Copyright Commission (NCC) or a collective management organization like the Copyright Society of Nigeria (COSON) or MPAN (Music Publishers Association of Nigeria. Registration with these agencies will provide legal proof of ownership and strengthen the creative's legal position in cases of infringement. Once copyright is established, the rights holder enjoys exclusive rights that can be enforced or transferred, and infringement may lead to civil or criminal actions;
- Reproduction of the work: The creator has the exclusive right to make copies of their work (e.g., duplicating CDs, digital downloads, streaming files).
- Public performance and broadcast: This includes live performances and playing recorded music in public spaces (clubs, radios, concerts, etc.). Anyone doing this must get permission and often pay royalties.
- Distribution and sale: The creator has control over the sale, rental, or lending of their music. For example, no one else can sell your songs on platforms like Apple Music or distribute them in physical form without your permission.
- Adaptation and translation: The creator can authorize or prevent the remixing, sampling, or translating of their work. For instance, a remix of a song or using it as a soundtrack in a film needs permission.
- Licensing and assignment: The creative can enter into licensing deals (temporary rights) or assign their rights (permanent transfer) to individuals or companies (e.g., music labels, advertisers, or publishers) in exchange for royalties or a lump sum.
- Right to attribution: The creator has the right to be identified as the author of the work. For example, if someone uses your song, they must credit you properly. No one can falsely claim authorship of the creator's work or falsely attribute another's work to the original artist.
Finally, these economic rights generally last for 70 years after the death of the creator while the moral rights i.e attribution last for the lifetime of the creator and up to 70 years after death. The copyright framework in Nigeria ensures the rights of her creatives are protected and can be enforced if violated. So, a creative can file a lawsuit, report to the NCC or use their CMO to demand royalties or file actions on their behalf.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
