It is not uncommon to attribute the many problems of Nigeria to the government. The problems facing the Nigerian entertainment industry has thus been attributed to the government over and over again. It is not my intention to completely absolve the government but it would be absolutely unfair to say that the government has ignored the plights of the entertainment industry completely or that the government has not taken steps to protect the interests of musicians and entertainers, songwriters inclusive. In all industries, the basic role of the government is to provide the enabling environment for growth and development. Upon the performance of this basic role, it would then be left to the industry stakeholders to work in that enabling environment and through the structures which the government has provided in order to actualize the much desired growth. Government cannot and is not expected to do everything.
What then has the Nigerian government done to provide the enabling environment for the growth of the Nigerian entertainment industry? What structures have been put in place? I might as well mention at this point, though it is not the purpose of this article, that the Nigerian government has just provided a two hundred million dollar fund for the use of the industry. This has been mentioned through different media but was particularly confirmed by Mr. Ben Murray-Bruce, president of the Silverbed group, at the recently concluded Nigeria Music Video Awards (NMVA). More importantly, however, is that we have laws designed to protect the interest of songwriters; and in terms of providing structures, the Federal government, in May 2010, approved the Copyright Society of Nigeria Ltd/Gte (COSON) to look after the interests of Songwriters, amongst others. Many songwriters are unaware of this development and neither are they aware of how they may combine the provisions of the relevant Nigerian laws with the COSON structure to actualize their dreams and get the full reward for their compositions.
It is the responsibility of songwriters or aspiring songwriters to seek out information on how they may fully avail themselves of the opportunities in Nigeria, and to proceed to utilize these opportunities rather than sit back and continue to complain that the government has not done anything. What the government has done so far can be immensely beneficial to a songwriter if fully tapped into.
A songwriter writes songs which are often exploited by singers, record companies, movie makers, advertising agencies, etc. It doesn’t matter if the songwriter actually exists in several of these capacities in relation to his songs as is often found in the country, what matters is that the songs are exploited and that the revenue accruing and accruable to the songwriter from these areas ought to get to the songwriter. The summary of how this is to be done is to ensure that formal and proper contracts are signed between the songwriter and his publishing company, record company, singers or any other person who may put those songs to use through one form of exploitation of the other. The songwriter has a responsibility to join COSON and to keep notifying the organization of all his works and all known uses of his works. More details would be provided in further episodes.
Justin Ige is a Legal Practitioner. (mailjustinige@gmail.com, 08023897112 Creativelegal.blogspot.com)This article contains general information only and is not intended to replace legal counsel.
Monday, January 31, 2011
Saturday, January 8, 2011
SONGWRITING AND THE LAW (1)
Alright, let’s talk about songwriting and the law. What is the relationship between the art of songwriting and the law? Where do they meet and what is the effect of the law on the art form?
That area of law that deals with songwriting is on a very broad sense known as intellectual property law. This being that songwriting is the result of intellectual effort, and the product of such effort – a form of property. It can be owned just like any other property such as physical properties like cars and jewelry, only that this one is completely intellectual in character.
Intellectual property law has many branches and these include the law of trade marks, patent and designs, copyright. However, that branch of intellectual property law that directly deals with songwriting is copyright law. Copyright law regulates the various issues that come up in the process of writing a song.
Before we go into the details of what copyright actually is and what copyright law is in practical terms, it will be helpful to first identify what song is. What is a song and what are the components or elements of a song? What does a song comprise of? A song can be simply described as words that have been put to music. This means that a song is the combination of words and melody or lyrics and tune.
The interesting thing is that copyright law addresses these two elements of a song both differently as well as a unit. Copyright law administers or recognizes the words of a song as a literary work while it recognizes the melody or tune as a musical work. It recognizes, when both elements come together to form song as a musical work.
Ok before we go too far, what is copyright? And what is copyright law? Copyright is the right to control the doing of certain things in relation to certain forms of intellectual property while copyright law is the combination of the rules guiding the doing of those certain things; these certain things being things such as copying or duplicating, recording, broadcasting, making any cinematograph film in respect thereof and performing in public. Putting this directly against songwriting, one can say that copyright as it relates to songwriting is the right to control the recording of songs, broadcasting of songs, performing the songs in public, making copies of the song, adapting the song etc, while copyright law regulates the doing of all these things.
What the law actually says in respect of certain issues that bother on songwriting would be considered in further episodes but it suffices to mention that songwriting and songwriters are very well considered and provided for under the Nigerian laws and all songwriters and musicians should know what their rights are over their songs, how they can exercise control over their songs and how they can fully utilize and exploit their songs in such a way that would be of economical benefit to them. These are the kind of areas that would be addressed through this platform in further episodes. The law has definitely provided the necessary legal framework. All that is left is for the Nigerian songwriter to understand this framework and be able to best use it to his advantage.
Justin Ige is a Legal Practitioner. (mailjustinige@gmail.com, 08023897112 Creativelegal.blogspot.com)This article contains general information only and is not intended to replace legal counsel.
That area of law that deals with songwriting is on a very broad sense known as intellectual property law. This being that songwriting is the result of intellectual effort, and the product of such effort – a form of property. It can be owned just like any other property such as physical properties like cars and jewelry, only that this one is completely intellectual in character.
Intellectual property law has many branches and these include the law of trade marks, patent and designs, copyright. However, that branch of intellectual property law that directly deals with songwriting is copyright law. Copyright law regulates the various issues that come up in the process of writing a song.
Before we go into the details of what copyright actually is and what copyright law is in practical terms, it will be helpful to first identify what song is. What is a song and what are the components or elements of a song? What does a song comprise of? A song can be simply described as words that have been put to music. This means that a song is the combination of words and melody or lyrics and tune.
The interesting thing is that copyright law addresses these two elements of a song both differently as well as a unit. Copyright law administers or recognizes the words of a song as a literary work while it recognizes the melody or tune as a musical work. It recognizes, when both elements come together to form song as a musical work.
Ok before we go too far, what is copyright? And what is copyright law? Copyright is the right to control the doing of certain things in relation to certain forms of intellectual property while copyright law is the combination of the rules guiding the doing of those certain things; these certain things being things such as copying or duplicating, recording, broadcasting, making any cinematograph film in respect thereof and performing in public. Putting this directly against songwriting, one can say that copyright as it relates to songwriting is the right to control the recording of songs, broadcasting of songs, performing the songs in public, making copies of the song, adapting the song etc, while copyright law regulates the doing of all these things.
What the law actually says in respect of certain issues that bother on songwriting would be considered in further episodes but it suffices to mention that songwriting and songwriters are very well considered and provided for under the Nigerian laws and all songwriters and musicians should know what their rights are over their songs, how they can exercise control over their songs and how they can fully utilize and exploit their songs in such a way that would be of economical benefit to them. These are the kind of areas that would be addressed through this platform in further episodes. The law has definitely provided the necessary legal framework. All that is left is for the Nigerian songwriter to understand this framework and be able to best use it to his advantage.
Justin Ige is a Legal Practitioner. (mailjustinige@gmail.com, 08023897112 Creativelegal.blogspot.com)This article contains general information only and is not intended to replace legal counsel.
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