NOV15

“I AM A MUSICIAN, WHAT BUSINESS DO I HAVE WITH LAW?”. WHY THE MODERN ARTISTE AND CREATIVE MIND SHOULD KNOW HIS RIGHTS AND THE LAW.

As kids growing up in the contemporary Nigerian home, we quickly became accustomed to the reality of our parents wanting us to study professional courses such as law, medicine, pharmacy and the likes. There was hardly any room for the creative mind to flourish as ideas of being musicians, artists, fashion designers or other forms of creative works were quickly dismantled. Even in our schools, creative subjects were always treated as secondary. This instilled the idea of such creative jobs as being second-class compared to the so-called “white collar” jobs. But in this modern time, with the high boom seen in the entertainment industry and creative industry as a whole, it is safe to say that these so-called “second-class” jobs are on par with the others not only by how lucrative they have become, but also by the recognition given to them globally. One wouldn’t have to think so far, seeing the recognition given to artistes such as Wizkid (who is Africa’s most streamed artiste and 129 all time raking up 2 billion streams on Spotify), Davido, Tiwa Savage and “African Giant” Burna Boy with his Grammy Award nomination. As such, it is only right that the interest of the creatives and their works should be protected.

It is often stated when speaking on the fundamental human rights that they are “obligatory rights”. This term can as well be attributed to the rights which a creator has to his works after meeting certain specifications stated by the law, encompassed and provided for under the Intellectual Property Law. Intellectual Property is a category of property that includes intangible creations of the human intellect in relation to which the law ascribes exclusive right of appropriation to the designated owners. Therefore, Intellectual Property Law deals with the body of rules for governing, securing and enforcing the legal rights to these creations of the human intellect such as inventions, designs and artistic works. Intellectual Property Law is divided into two broad categories namely; Copyright (which includes literary works, artistic works, films, music, cinematography, broadcasting, architectural designs) and Industrial Property (which includes patents, trademarks, industrial designs and geographical indications, plant breeder’s rights, trade dresses and trade secrets). While some Intellectual Property rights are automatic, others will need formal application and registration to claim them. It is noteworthy to mention that the Intellectual Property Law does not protect ideas or concepts. It protects genuine business assets that can be vital to one’s products or services, or to the success and profitability of one’s business. However, the three main statutes governing the intellectual property law in Nigeria are the Copyright Act, the Patent and Designs Act, and the Trademarks Act.

Music is powerful. It has the ability to bring people together, regardless of the cultural barriers they may have. A song like Luis Fonsi and Daddy Yankee’s Despacito is incredibly popular all around the world and illustrates that language does not get in the way of appreciating music. Or consider the Korean boyband BTS, with its incredibly loyal fandom across the world, referred to as the ARMY. It serves as another example of how love for music is universal, regardless of where in the world the tunes and lyrics originate from. That is what makes music so valuable. That is why it is important to ensure that we protect and conserve it. This is where intellectual property rights come in. Even though intellectual property rights and protection are usually associated with corporate and business environments, it also has an important role to play for creatives in the entertainment industry. Musicians, singers, writers, and producers earn money through sales of the music or merchandise. Other than these, they can also make money through live performances and tours, and by licensing the rights of such products to be used by other individuals. The role of intellectual property rights comes in because it is easy to copy and sell music. It is not uncommon to find piracy in the entertainment industry, and even more so in the music industry. The application of this law serves as a deterrent against piracy and presents the legitimate owner with remedies.

It is very important for musicians, producers and other creative artists to understand intellectual property law in order to ensure that their work is protected. This is what enables musicians to earn money from their own works, either in the original form or in altered forms. Even though it may seem tedious to get into the legal aspects of the music industry, it is necessary for musicians to make informed decisions in order to ensure they are not taken advantage of. This can be seen in the dispute between Kizz Daniel (formerly Kiss Daniel) and his previous record label, G Worldwide Entertainment that ultimately led to the change of his stage name. Other notable examples include the disputes between Chocolate City and Brymo after the release of his album titled ‘Merchants, Dealers & Slaves’, the alleged maltreatment of Cynthia Morgan by her North Side Entertainment label, Skales v Baseline Records, Runtown v Eric Manny Entertainment, and that of the legendary King Sunny Ade v Chief Bolarinwo Abioro dating far back in 1974. Without doubt, one of the elements that contribute to any artist’s success is the team that supports them. It is necessary for an artist to ensure that a music attorney is a member of this team. An experienced lawyer, kept well-informed about all dealings at all times can be a huge asset to an artist. They can ensure that all contracts are negotiated effectively and help build a well-informed team. As it is either you pay a lawyer to tell you what you can or cannot do, or you pay a lawyer to tell what you should have done, or you pay a lawyer to remedy the mistakes you have already made. Ultimately, the first option is always the wisest option.

In intellectual property law, the general rights conferred to the creative artist are the commercial and moral rights; the commercial covering the monetary parts while the moral right is the right to be attributed as the author, owner and originator of the particular work. And there are three things that are usually discussed the most: copyrights, trademarks, and patents. In the case of music, patents are not relevant. Copyrights and trademarks are of importance, especially copyrights, since they have a very major role to play for the artist’s earning. Copyright protection is extremely important for any musician. Copyright protects the sound and the written work of the musician for the lifetime of the owner of the copyright and then an additional sixty years after the owner’s death. In the case of a group of owners, the sixty years are added after the passing of the last owner. Copyright protection includes books, songs, poetry, sound and video recordings, and more. For a music creative, this is extremely important. It serves as a proof of ownership and prevents producers and musicians from being robbed of their own work. Intellectual property rights awards artists’ security against others copying their creation. The work cannot be copied unless the musician or the recording studio authorizes it. Distribution and broadcasting is also done with the permission of the composer and serves as a source of revenue. Authorization must be obtained to use the composition for works like movies. Trademark protection is the protection of a design, a phrase, or even a word. Trademark protection can be very useful to protect logos and brand names. Musicians often use logos on their albums and their merchandise. This makes trademark protection necessary for them. In order to be able to use a logo or design as a trademark, it must be used enough times to be easily associated with the musician. This can be identified in the ongoing case between Eminem and the fashion designer, Clement Brown of the Three Thirteen shop over the brand name E13.

Intellectual property protection is critical to fostering innovation. Without protection of ideas, businesses and individuals would not reap the full benefits of their inventions and would focus less on research and development. Similarly, artists would not be fully compensated for their creations and cultural vitality would suffer as a result. Therefore, it is highly advisable that not only the lawyers, but also the creatives, should be aware and involved in the protection of their intellectual property rights.