Apart from Crude Oil, the Entertainment sector in recent times has to rank as Nigeria’s biggest export yet, especially the Music subsector which has placed Nigeria in the category of trendsetter worldwide in dance performances, fashion, and even Nigerian vernacular.
The Entertainment sector has been tipped by way of prediction in certain quarters to be a dominant GDP contributor in the near future, with Nigerian music artistes receiving live performance bookings after live performance bookings, usually paid for in US Dollars which the artistes most times spend in Nigeria. The creative sector has, alongside the Tech sector, also accounted for a high rate of job creation and productivity for a large part of previously unemployed young Nigerian skilled and unskilled workers.
But the Entertainment sector is not without its own problems, ranging from Music recording contract disputes to Intellectual Property disputes to Intellectual Property infringement claims, which is why this article will be focused on shedding light on the following :
– The Legal Framework governing Media and Entertainment in Nigeria.
– The classes of intellectual property rights applicable to creatives especially in the Music industry.
– A proper understanding of the most important legal requirements & concepts for every creative, especially music artistes as well as the equally important issues of artist/creative representation & contract negotiation among others.
– A proper understanding of what constitutes Intellectual Property infringement in the Entertainment sector and the remedies available.
What are the components of the Legal Framework on Media & Entertainment in Nigeria?
The main Legal provision governing the Entertainment sector is the Copyrights Act through which the Nigerian Copyrights Commission was created for the registration and regulation of Copyrights in Nigeria.
For Media, the apex regulator is the National Broadcasting Commission (or “NBC”), a creation of the National Broadcasting Commission Act. The NBC is in charge of regulating the Media/Broadcasting sector (mainly Radio & Television media).
Also , the Trademarks Act is another important piece of Regulatory legislation governing the registration and use of Trademarks and Merchandise Marks in Nigeria.
How do i obtain a Radio or Television station license from the NBC?
You need to book a consultation with your lawyer for further guidance on this.
What is a Copyright?
A copyright is a license of an exclusive nature given to a producer of a creative work to own and utilise the same creative work for a given period.
A Copyright gives a creative the power to take charge of how his creative output is to be used, distributed, remade, transferred ,adapted or distributed.
What are the creative works that would be eligible for registration as Copyrights in Nigeria?
The following articles are eligible to be registered as Copyrights :
– Musical works.
– Literary works.
– Artistic works.
– Cinematograph films.
– Sound recordings.
– Broadcasts.
What is the validity period of a copyright in Nigeria?
Copyrights in Nigeria are generally valid for life and then 70 years after the death of the Copyright owner, but regarding films, sound recordings and performance records, Copyrights have a validity period of 50 years from when they are first published.
I am a musical artist, what kind of rights would apply if other artistes asked to perform my songs publicly or if my songs were to be played in public spaces like malls and restaurants?
What would apply here is type of Intellectual Property known as Neighboring rights, which are the rights of a creative work not connected with its actual creator. Neighbouring rights are to be paid for and constitute a type of Intellectual Property lease.
I am a musical artist about to be signed by a Music Record label. I was told that part of my potential earnings would include royalties. What are royalties?
Royalties in the creative sector are payments made to an individual or company for the typically regular use of their copyrights e.g. any Music TV playing your song owes you a royalty payment.
I am an upcoming artiste and i was recently told that i would need to retain an lawyer and something called an A & R representative. What is an A & R representative?
A & R (Artistes & Repertoire) representatives are individuals skilled in the business of finding promising musical artists for the purpose of setting up a recording contract with a record label or music publisher to sign. Some labels dedicated A & R departments.
Who owns the Copyrights to a song, a songwriter or artist?
Musical compositions are typically owned by the songwriters while the sound recordings are usually owned by the artist or record label.
Do i need to seek permission as an artist from a copyright owner to sample or cover his song?
Yes, you do , even if you’re not performing the song commercially.
I am an artiste and i have been making money for my record label. But i was told recently by the label that they are entitled to significant portions of my earnings from live performance bookings, tours, endorsements and collaborations with other artists due to the recording contract i signed with them. The label is even laying claims to my stage name and is saying that if i leave the label i will have to stop using the name. Is this legal?
Sadly, yes, though such an agreement is obviously very disadvantageous to you. Such contracts like the one you signed are called Multiple Rights agreements or “360 deals” due to the fact that they usually entitle your label to percentages of every endeavour you engage in that is related to your brand as a creative.
Your stage name is also truly not yours because the contract which you clearly signed stated this fact. If they also stated in the contract that they own all Master (original) recordings of your Music catalogue, when or if you leave the label you will have to pay or seek permission from the label to perform your own songs.
This explains why no recording contract should be signed by a Music artist without having its clauses explained by a lawyer.
I just noticed that my film which is yet to be premiered has been somehow hacked and distributed online by an illegal outfit operating from a known address in Lagos. What should i do please?
What you need to do is apart from having your lawyer prepare and file a petition to the police, getting your lawyer to file a courtroom application along with an affidavit of urgency for what is called an Anton Pillar Injunction which will enable you take ownership of all the materials, including illegal copies of your work, in the possession of the persons infringing on your Copyright. Sometimes you might need another type of injunction known as a Mareva Injunction where the proceeds of the infringement on your Copyright have been used to purchase assets or have been domiciled in identifiable bank accounts.
Conclusion :- The Entertainment sector remains one of the relatively few miracles of the Nigerian economy, but it can also end up as a disaster without the right Professional guidance in place.