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.