Looking At The IP Side Of Big Big Things In Detty December

Looking at the IP Side of Big Big Things in Detty December

Over the past few years,the Nigerian creative sector has witnessed several moments of genius, instances that were neither staged nor planned, but born of perfect timing. In those brief, spontaneous bursts of creativity, a single word, phrase, image, or action can emerge and instantly resonate with people across different spheres, including the arts, fashion, sports, education, lifestyle, entertainment, advertising, religion, and social activism. It's almost miraculous— one phrase, massive impact.

Who could forget "sapa", now a nationwide socio-economic metaphor for being broke? Or Davido's "e choke", which has become a viral exclamation for something overwhelming, extremely impressive, or even surprising? or "No gree for anybody", which emerged as a rallying cry against economic hardship and oppression in Nigeria.

This is exactly what Young John achieved with a single line from his song 'Big Big Things'. If anyone were to stroll across a room filled with GenZs and hum the six words: "big big things ni mo like...",they would likely be met with the chorus response "ya ya ya". That simple call-and-response shows the widespread acceptance the song "Big Big Things" by Young Jonn featuring Kizz Daniel and Seyi Vibez has gotten within the creative space. Dubbed a club banger, this song, and many others like it, often inspire themes that go on to influence product names, fashion labels, and rebranding strategies, while also shaping everyday slang across different social circles.

Much more than the title, which is obvious and visible to everyone, the real value of the song lies in the intellectual property inherent in the line "big big things ni mo like". There have been instances when movie producers deny adapting book titles, even though their movie titles and plotlines bear a very striking resemblance to certain books.

Interestingly, those who experience the bursts of creativity leading to the creation of intellectual property are often different from those who are inspired to turn those intellectual property created to commercial successes. This more often than not leads to intellectual property disputes, and such occurrences have become increasingly common in the Nigerian creative sector. How can one forget the "Something Hooge" saga between Peak Milk and skit maker Sabinus?¹ Very Dark Man has also publicly called out Wizkid, seeking compensation after Wizkid used the phrase "Don't play" in his song Diamonds, sharing a picture as evidence of his trademark application.²

In all these instances, one thing is clear: individuals who make these moves are often well-informed of the value they stand to gain from such acts. They are calculative in their approach, strategically hiding behind available legal options and loopholes to sustain their actions, and are often in possession of financial resources to fight off a challenge from the real owners. The playbook is simple — use one or a combination of the above strategies.

So, as Young Jonn's song and several others continue to dominate DJ playlists and rent the airwaves in clubs, another unrelated entity is applying to register the intellectual property, most times trademarks, in preparation for use in commerce, in classes that show that they have intentionally decided to profit from the reputation and goodwill in the created trademark, leaving no room for the original owners to profit from their creation. Such audacity.

Davido's phrase of 'e choke' became so popular that it earned a place in the Urban Dictionary. The phrase spread so widely that Davido tweeted about needing to copyright it as it was getting out of hand. Twitter, riding on the influence of that catchphrase, introduced a custom emoji of Davido holding his neck. A designer also created a viral two-piece outfit featuring a hand around the neck depicting the catchphrase.³

Similarly, the phrase, `Achalugo, look, I am going to marry you' and the response of `Odgowu, please' from Omoni Oboli's film, Love in Every Word, became an overnight sensation. From viral memes to heartfelt debates, the exchange resonated deeply with audiences, sparking countless interpretations. ⁴

All of these examples speak of one thing: there is value being created in the Nigerian creative sector, yet this value is not properly trapped or harnessed by the creatives in most cases. This calls into question, among otherthings,the level of awareness and understanding powering the creative sector.

Creating works but failing to trap the value in such works or not converting it to what would guarantee current orfuture prosperity forthe creator is likely to leave the creator with little or nothing to show for their efforts and time spent in creation. Flash of Genius and busts of creativity are leverage to create strategies for growth which when misused or untapped leads to disappointments.

As a result, it is necessary that creatives take a very keen observation of what they create, understand the inherent value of their work and how best to trap and convert such value to present and future earnings. Beyond the vibe, creatives must also recognise that intellectual property is embedded in their creations. To achieve this, they must seek legal advice and guidance from legal practitioners well-versed in intellectual property. An intellectual property not registered is akin to a real property notfenced, always an easy target fortrespassers.

Furthermore, the government agencies overseeing this sector have a very important responsibility to create policies and set guardrails that would ensure that the different processes and policies to govern registration, monetisation, amongst others, are clearly defined, easily accessible and properly primed to deliver value to all stakeholders. Failure to do this will mean that the government will also be unable to derive value from the enormous value and wealth being created in this sector.

To an extent, the artiste has been able to trap some value in the 'big big things' trademark through his ambassadorship with Pepsi, featuring prominently in the brand's nationwide "Big Big Tinz" campaign forthe relaunch of its 60cl long-throat bottle. ⁵

When a trademark owner applies to register its trademark, he commands more value atthe negotiating table when the trademark or even any of its IP is to be used by a third party. With the year winding down pretty fast, there is still time to finalise plans for the big, big things, one of which is securing future prosperity by ensuring that the word or the combination of words you created is properly protected by law as a trademark.

Creativity is not exclusive to the creatives. In a moment of genius, one could be the next Young Jonn, crafting the perfect catchphrase, hookline or tagline that resonates with people across different spheres. Rather than wait for an unknown third-party to profit from your creation, take steps to protect your intellectual property and wait for the opportunity to extract value either directly or through third-party collaborations. That said, Detty December banners, advertorials and marketing campaigns dot the streets of Lagos. So many organisations are jumping on the Detty December trend to advertise their products and services, but so many have not infact found out who has the rights to and in the Detty December trademark. Will the owner rise up and claim its right? Willthere be lawsuits and damages to be paid in the coming months?

Let's have a Detty December!

Footnotes

1 Skit Maker Sabinus Sues Peak For Using Trademark 'Something Hooge'

2 VerydarkmanAccuses Wizkid of Trademark Infringement

3 E Choke: A Classic Example of How Davido Stays Relevant to Nigerian Pop Culture

4 Love in Every Word: How 'Achalugo' became overnight buzzword

5 Pepsi re-launches 60cl Longthroat bottle with exciting Big BigTinz campaign featuring Young Jonn

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