GETTING THE BEST OUT OF YOUR SOUNDTRACKS (1)

Nigerian movie soundtrack makers have not been privileged to make the best out of their soundtracks. This has not been their fault; if blame is to be apportioned, the music industry would take the blame. More often than not, they get stipends from their work; even when they think they are being properly paid, they get far less than they should have got. This situation is not peculiar to the movie industry alone. This is the situation as far as television series and soaps, and general television and radio programs are concerned. As a matter of fact, many times, makers of music that get used as soundtracks don’t even get paid at all; sometimes, they are not even acknowledged – movie and television producers simply choose a song or soundtrack which they like and feel suitable for their production, then proceed to use same as they deem fit and without any recourse to the maker of such music. This situation is so bad that songs and instrumental musical compositions are indiscriminately used for radio jingles and adverts as well.

To compound this most unfortunate situation, the makers of soundtracks themselves fail to take adequate measures to protect their interests and investments legally; they are also very much ignorant of their rights. The truth however is that until May, 2010, even if they were aware of their rights and they took steps to protect those rights legally, their knowledge and effort may not have been able to amount to much. This is because the rights of makers of soundtracks are basically about the copyright in those works. Before May, 2010, the Nigerian government had not taken the bold step of laying the foundation and establishing the enabling environment for the collective administration of copyright. However with the approval of an organization for the copyright administration in Nigeria, that organization being Copyright Society of Nigeria (COSON), the stage is now set for makers of soundtracks to make the best out of their soundtracks provided they make the effort to do all that is required under the law to protect their interests.

For this purpose, soundtracks would be looked at from two categories and perspectives. First, music may be made specifically as a soundtrack, that is, to specifically express the dramatic moods that a movie or television program may have. Second, music that may not have been made for this purpose, but may have been made rather as an independent song or instrumental composition which has been determined applicable for use as a soundtrack and thereupon used in such manner by movie, radio or television producers. In order to fully understand how a music or soundtrack maker may protect his rights and position himself legally to take full advantage of the new structure the government has put in place, it is important to clearly identify which of these two categories the maker may belong at every relevant time or transaction. This identification, amongst other things, would help to determine his rights under the law, his options and what legal steps he ought to take to serve his best interests.

Some of these possible scenarios would be examined later in some detail, and advisable steps would also be proffered but it is helpful to state at this point that the soundtrack maker, whether he belongs to the former or later category, would have to be a member of the Copyright Society of Nigeria (COSON) to be able to fully benefit from the efforts of the government and his works. It is only upon taking that first action that other steps may be fully relevant or may have the most and desired impact so as to be able to get the very best out of ones soundtracks.

- To be continued

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.