No label to sign you up, yet you managed to raise hundreds of thousands of naira to record an album, sweated all night writing, rehearsing and arranging. Master is ready and you had an album launch, cooked plenty food, rented a big event center, but you sold 100 copies, many of which were taken away with promissory notes and a few bounced checks. You are yet to recover the overhead cost, then someone puts them online for free downloads on naijatunes.omo.ole.ifo.ng.org. The song reaches top 10 chart on one TV station like that, and you can actually see the album playing and selling everywhere, though you still have the remaining 900 copies you haven’t paid for in your closet, then people start congratulating you believing you are one of Forbe’s 100 Richest artistes in Nigeria! I’m Sorry.
What happens next? You become frustrated and you vow to never get back to the studio, your new song is now “there’s no copyright law in Nigeria, there’s nothing you can do about piracy”. One stupid guy was even talking on a music TV weeks ago, he said artists should wise up and begin to collaborate with aliens, sorry pirates, he said they have an association in Alaba and what you need to do is approach them to pirate your works so you can gain popularity. Am I right about the guy? But, I don’t think that is the life you want.
This is a war we need to fight. Nigeria is said to be second to Hollywood, but when people sweat in Hollywood they get paid. But here in Nigeria, that someone will tell you shebi CD is ₦ 30, at most everything should be ₦ 50, so why are you selling at ₦ 200? Am I selling CD or I’m selling my Intellectual Property? Yes, there’s piracy in America but it’s black market, not someone selling with yanga on the road and boasting its the original.
Well, I’m here to inform you that we have copyright law in Nigeria, as little as the benefits are it can save your career and future, that’s why I chose this topic: Copyright! Enjoy.
Copyright is a form of Intellectual Property (IP) i.e. mental creations and ideas; art, music, lyrics, texts, names, logos, design, photos and many other inventions that can’t be physically held. For instance a quote from any of my write ups is my IP as long as it’s my invention. If anyone wishes to use it, especially to make money there must be a permission or else it becomes infringement.
Copyright is a serious issue, if you have your works copyrighted, the rights can last between 50yrs to 100yrs after the author’s death. In America the infringer can pay up to $150,000 in penalty. In Nigeria it is from ₦ 1,000 per copy of work infringed to hundreds of thousands.
Copyright is territorial, if your work is only protected by Nigerian Copyright Law, it could be pirated in China and there’s nothing you can do about it. Also, if your work has never been registered with a national copyright body there’s nothing you can do if someone steals it. Now let me break down a few copyright rules for you.
GENERAL NATURE OF COPYRIGHT
You cannot:
- Reproduce someone else’s work
- Perform the work in public
- Rent, Lease, Hire or Loan someone else’s work
- Distribute to the public, broadcast the work to the public via a loudspeaker
- Make adaptation or publish a translation of other’s works
- Use the work in a movie or documentary
- Hold in possession or sell any work that is pirated.
Do you know that in developed nations you can’t even sing an artist’s song for praise worship without copyright permission? Not to talk of recording it as part of your praise medley in an album. If you want to know more please go to Nigerian Copyright Commission’s website and download the NIGERIAN COPYRIGHT ACT or visit their nearest office.
PERFORMANCE RIGHT & COLLECTING SOCIETY
A performer as long as he’s protected will have exclusive rights to control his music in any of the following; performing, recording, broadcasting live, reproducing or adaptation
There is a body called Collecting Society, the popular ones include ASCAP, SESAC & BMI, in Nigeria we only have COSON. In general, what they do is get you registered with them (free) as a songwriter, artiste or publisher. They help collect your royalties (money) from every organization including TV, Radio, Movie Producers, Publishers, Artistes and Digital/Online Merchants
ROYALTIES
- Performance Rights Royalty
This is royalty you get paid through collecting society when your music is performed live or on the radio. - Mechanical Royalty
This is the royalty you get paid by a record label or marketers for selling your physical or digital albums - Synchronisation Royalty
This is payments made through the use of music in movies, television commercials, jingle, opening montage including churches messages - Print Rights
This is a royalty based on prints and publishing of your music or lyrics - Digital Rights
This is the latest form of royalty generated from streaming, webcasting, simulcasting and downloading.
If you feel cheated you can meet a lawyer and they can help you tackle online and offline thieves. I RISE!
Cheers!