₦airaland Forum

The article is written by Olaoluwa Idowu, entertainment lawyer and writer . @iamsynord on twitter, LinkedIn and Instagram

In 2024, Nigeria witnessed several significant intellectual property cases that underscored the importance of IP rights in the nation's creative and business sectors . These cases highlight the ongoing challenges in protecting intellectual property rights in the Nigerian entertainment industry emphasizing the need for robust legal frameworks, adequate legal enlightenment for creatives and enforcement mechanisms to safeguard creatives intellectual property .

We take a look at seven of the top intellectual property cases in Nigeria during the year 2024 :

1. Sinach vs. Michael Oluwole: Gospel singer Osinachi Egbu popularly known as Sinach faced a 5 billion lawsuit from music producer Michael Oluwole, also known as Maye, over her 2015 smash hit gospel song "Way Maker". Oluwole claimed co-authorship and alleged that Sinach released the song without his consent or compensation. The case, filed in the Federal High Court Lagos, also sought orders to establish him as co-owner and co producer of the song, an account for all revenue on the song and a perpetual injunction restricting Sinach from reproducing, distributing or publicly performing the song "Way maker". The case is adjourned to January 2025 for further proceedings.


2. Jude Nnam vs Kcee and FiveStar Music: Catholic music composer, Jude Nnam filed a 500 million lawsuit against singer Kcee, his brother E-Money and his label Five star Music, alleging unauthorized use of his song "Som Too Chukwu" in Kcee's "Cultural Praise Vol 1" album. Kcee in his response as defendant stated that the said phrases “ K Anyi Jee N'lo Chukwu" or "Som Too Chukwu" which the claimant is alleging infringement are phrases taken from the Holy Bible and the claimant does not have any copyright in same. The Federal High Court in Lagos dismissed the suit, ruling that Nnam failed to prove copyright infringement and awarded #1 million in costs against him.

3. Essential Media Group vs. Ecobank Nigeria Limited:

Essential Media Group accused Ecobank of unethical practices and intellectual property theft. The firm alleged that after sharing confidential information for a proposed collaboration on the 2024 Design Week Lagos and Ecobank's acceptance of the proposal, Ecobank circumvented the agreement and organized a similar event, the "Ecobank Design & Build Expo 2024," using the disclosed trade secrets and confidential information. Essential Media Group petitioned the Central Bank of Nigeria and urged the Apex bank to sanction Ecobank for acting outside its powers by engaging in the business of event management, interior design and architecture. As at the time of this article, Essential Media Group has indicated its readiness to commence legal action against Ecobank for these alleged violations.

4. Nigerian Copyright Commission v MTN Nigeria, Fun Mobile Ltd & Others - The Nigerian Copyright Commission (NCC) has charged MTN Nigeria Communications Ltd, Karl Toriola - the CEO of MTN Nigeria - Nkeakam Abhulimen, Fun Mobile Ltd, and Yahya Maibe with alleged copyright infringement. The NCC alleged that between 2010 and 2017, the defendants "offered for sale, sold and traded for business" the infringed musical works of Maleke Idowu Moye, a Nigerian artist and comedian, without his consent or authorisation.

Per the three-count charge numbered FHC/ABJ/CR/111/2024 filed in the Federal High Court, Abuja Division, as obtained by the News Agency of Nigeria (NAN), the commission added that the defendants used the musical works and sound recordings of Maleke with subsisting copyright as Caller Ring Back Tunes without the authorisation of the artiste.

The commission claimed that the defendants had distributed the musical works to their subscribers without permission and named 911, Miniminiwanawana, Stop Racism, Ewole, 911 instrumental, Radio, Low Waist, and No Bother as the infringed musical works and sound recordings.

In the third count, the defendants were accused of possessing the artiste's musical works and sound recordings for purposes other than personal or domestic use .


5. Dapper Music v Shallipopi- In December 2024, Crown Uzama popularly known as Shallipopi announced his departure from Dapper Music and Dvpper Digital citing financial exploitation, breach of trust, lack of transparency and an unfair long - term contract. He claims the label tried to lock him into a contract where they took 30% of his earnings forever and that he had no access to clear financial records regarding revenue of his musical works.

Dapper in its response clarified that the label's contract applies solely to revenue off projects completed during the contract term and denied any claims of indefinite ties to artist's future earnings. The label also refuted claims that Shallipopi has no access to his financial records.


6. Dapper Music v Seyi Vibez and Muyeez-: In December 2024, Shallipopi's label mates Seyi Vibez and Muyeez also announced their exit from the label citing similar reasons with Shallipopi. Muyeez also stated that among other reasons that the contract with Dapper is not valid because he was a minor as at the time of signing, severe financial exploitation and lack of access to financial records. These departures reignited discussions about exploitation of artistes by record labels in Nigeria and the issue of unfavorable contract terms.

Dapper in its response clarified that the label's contract with Muyeez is indeed valid as same was signed for and on behalf of Muyeez by an adult, his Father and recognized Guardian, Mr Moshood Basheer, in the presence of witnesses. The label also refuted claims that Muyeez has no access to his financial records.

7. BrainJotter v Mike Ejeagha- : In July 2024, Nigerian Comedian and Skitmaker, Chukwuebuka Amuzie popularly known as Brainjotter initiated a viral " Gwo Gwo Gwo Ngwo" dance challenge featuring the 1983 single entitled "Ka Esi Le Onye Isi Oche" by veteran highlife musician, Mike Ejeagha. The viral video and the usage of Mr Mike's musical work in the content sparked discussions on copyright infringement and the ethical use of intellectual property by Nigerian content creators especially as it pertains to the protection offered under fair use for purposes of parody or satire.

Subsequent Investigations revealed that Premier Records, the right holders of Ejeagha's music had given a blanket license to platforms like Tiktok and Brain jotter's usage of the song, particularly the licensed version from Tiktok's music library will not constitute copyright infringement.

To strengthen the fair use position, the content creator, Brain Jotter also stated that he did not profit from the Gwo Gwo Gwo viral challenge and the usage was for parody, not commercialized and featured a small portion of the entire copyrighted work of Mr Mike. He also emphasized that all revenue due to Ejeagha will accrue to him through Content Id mechanisms.

Brain jotter visited the Veteran Musician after the saga and gave him a sum of 2 million Naira as a gesture of goodwill.

Conclusion

These cases highlighted reflect the evolving landscape of the Nigerian entertainment industry, with emphasis on the music industry where issues of royalties, copyright, and contractual disputes continue to challenge stakeholders. These disputes emphasize the critical need for transparent systems and equitable frameworks that protect the rights and interests of artists, labels, and other industry participants.

Moreover, the increasing prevalence of legal actions underscores the importance of robust intellectual property enforcement mechanisms and the need for all parties to engage in thorough due diligence when entering contractual agreements. It is imperative for artists to seek professional legal counsel to understand and negotiate the terms of their contracts adequately.

The cases further reiterate calls from professionals for a dedicated Intellectual Property Court in Nigeria , offering the potential for faster resolution of disputes and fostering an environment that encourages creativity and innovation. As the Nigeria entertainment industry continue to grow, collaborative efforts between artists, record labels, and legal practitioners are essential to ensure sustainable development and the fair treatment of all stakeholders.

Cc lalasticlala

For those needing the services of an entertainment lawyer , follow or reach out to @iamsynord on Instagram or Twitter for anything pertaining to music and entertainment legal affairs

DIY tools and tips for creatives

DIY tools and tips for creatives

New Post on Friday

Are you passionate about music and have a keen eye for spotting trends and talent? Do you have the entrepreneurial spirit to co-lead a dynamic startup? Mumorev, a cutting-edge music and entertainment review platform, is seeking a visionary Co-Founder to join our team and revolutionize the way music is discovered and reviewed.

About Mumorev:

Mumorev is Africa’s first all encompassing entertainment platform that is aimed at creating authenticity and originality within the entertainment industry while also ensuring the growth of the industry.

It does this by creating an easy-to-use online platform where creatives in the entertainment industry can get their works assessed , reviewed and co-signed by professionals within their field before the work gets to the public or after it gets to the public.

The platform also provides a user based review system where users get to earn from giving reviews in their fields of interest .

MumoRev also provides a suite of legal and professional services such as entertainment law services, intellectual property rights protection and litigation via the legal section , image branding , record label establishment and publicity via the AnR section and funding , networking and entertainment service procurement via the forum.


Role: Co-Founder

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Key Responsibilities:

-Collaborate with the founding team to develop and execute the company’s strategic vision and business plan.

-Oversee and manage alongside the team day-to-day operations including editorial, marketing, and business development.

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-Drive user growth and engagement through innovative marketing and community-building strategies.

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Mumorev - Africa's Pioneer Creatives Feedback Platform

Protect your interest today . Contact an entertainment lawyer in Nigeria today

We will continue on the series every Friday moving forward . New topics everyday

Cc lalasticala, seun,

Cc Lalasticala

Ownership of Rights in A Photograph

Photographs are classified under Artistic works which are eligible for copyright protection by virtue of Section 2 (1) of the Copyright Act, 2022.

The Act in ascertaining the first ownership of copyright in artistic works states that copyright in such works shall initially vest in the author of the work except as otherwise provided in an agreement (usually a work for hire agreement)

The author of a photographic work is defined in Section 108 of the Act

Section 108 of the Copyright Act 2022 defines an author in the case of a photographic work as the person who took the photograph.

Section 10 of the Act grants the author of a photograph the exclusive right to carry out and authorize the reproduction, publication, synchronization, broadcast, communication to public, adaptation, monetization and other utilization in all ramifications of such work within the ambits of legality.

One may then ask, does any right accrue to the person or persons that Commission the photograph? The old act was silent on the rights of the person or persons that commission the photograph for domestic or private use.

However, Section 28 of the Copyright Act 2022 makes provisions for certain rights that will accrue to a person or persons that commission the taking of a photograph for PRIVATE and DOMESTIC purposes.

These rights are

a. A non exclusive license to exploit the commissioned work for non commercial purposes

b. right to restrain the publication, exhibition, broadcasting, communication, distribution and making available copies of the work to the public.

As such, in the absence of or subject to an agreement, in circumstances where a person commissions a photograph for domestic and private purposes (shoots for birthday, graduation, wedding, pre wedding etc), the author of the work remains the photographer but the person that commissions same shall be entitled to the rights stated stated in a and b above.

Cc lalasticala, Dominique, seun

Ownership of Rights in A Photograph

Photographs are classified under Artistic works which are eligible for copyright protection by virtue of Section 2 (1) of the Copyright Act, 2022.

The Act in ascertaining the first ownership of copyright in artistic works states that copyright in such works shall initially vest in the author of the work except as otherwise provided in an agreement.

The author of a photographic work is defined in Section 108 of the Act

Section 108 of the Copyright Act 2022 defines an author in the case of a photographic work as the person who took the photograph.

Section 10 of the Act grants the author of a photograph the exclusive right to carry out and authorize the reproduction, publication, synchronization, broadcast, communication to public, adaptation, monetization and other utilization in all ramifications of such work within the ambits of legality.

One may then ask, does any right accrue to the person or persons that Commission the photograph? The old act was silent on the rights of the person or persons that commission the photograph for domestic or private use.

However, Section 28 of the Copyright Act 2022 makes provisions for certain rights that will accrue to a person or persons that commission the taking of a photograph for PRIVATE and DOMESTIC purposes.

These rights are

a. A non exclusive license to exploit the commissioned work for non commercial purposes

b. right to restrain the publication, exhibition, broadcasting, communication, distribution and making available copies of the work to the public.

As such, in the absence of or subject to an agreement, in circumstances where a person commissions a photograph for domestic and private purposes (shoots for birthday, graduation, wedding, pre wedding etc), the author of the work remains the photographer but the person that commissions same shall be entitled to the rights stated stated in a and b above.

*Ownership of Rights in A Photograph*

Photographs are classified under Artistic works which are eligible for copyright protection by virtue of Section 2 (1) of the Copyright Act, 2022.

The Act in ascertaining the first ownership of copyright in artistic works states that copyright in such works shall initially vest in the author of the work except as otherwise provided in an agreement.

The author of a photographic work is defined in Section 108 of the Act

Section 108 of the Copyright Act 2022 defines an author in the case of a photographic work as the person who took the photograph.

Section 10 of the Act grants the author of a photograph the exclusive right to carry out and authorize the reproduction, publication, synchronization, broadcast, communication to public, adaptation, monetization and other utilization in all ramifications of such work within the ambits of legality.

One may then ask, does any right accrue to the person or persons that Commission the photograph? The old act was silent on the rights of the person or persons that commission the photograph for domestic or private use.

However, Section 28 of the Copyright Act 2022 makes provisions for certain rights that will accrue to a person or persons that commission the taking of a photograph for PRIVATE and DOMESTIC purposes.

These rights are

a. A non exclusive license to exploit the commissioned work for non commercial purposes

b. right to restrain the publication, exhibition, broadcasting, communication, distribution and making available copies of the work to the public.

As such, in the absence of or subject to an agreement, in circumstances where a person commissions a photograph for domestic and private purposes (shoots for birthday, graduation, wedding, pre wedding etc), the author of the work remains the photographer but the person that commissions same shall be entitled to the rights stated stated in a and b above.

Ownership of Rights in A Photograph

Photographs are classified under Artistic works which are eligible for copyright protection by virtue of Section 2 (1) of the Copyright Act, 2022.

The Act in ascertaining the first ownership of copyright in artistic works states that copyright in such works shall initially vest in the author of the work except as otherwise provided in an agreement.

The author of a photographic work is defined in Section 108 of the Act

Section 108 of the Copyright Act 2022 defines an author in the case of a photographic work as the person who took the photograph.

Section 10 of the Act grants the author of a photograph the exclusive right to carry out and authorize the reproduction, publication, synchronization, broadcast, communication to public, adaptation, monetization and other utilization in all ramifications of such work within the ambits of legality.

One may then ask, does any right accrue to the person or persons that Commission the photograph? The old act was silent on the rights of the person or persons that commission the photograph for domestic or private use.

However, Section 28 of the Copyright Act 2022 makes provisions for certain rights that will accrue to a person or persons that commission the taking of a photograph for PRIVATE and DOMESTIC purposes.

These rights are

a. A non exclusive license to exploit the commissioned work for non commercial purposes

b. right to restrain the publication, exhibition, broadcasting, communication, distribution and making available copies of the work to the public.

As such, in the absence of or subject to an agreement, in circumstances where a person commissions a photograph for domestic and private purposes (shoots for birthday, graduation, wedding, pre wedding etc), the author of the work remains the photographer but the person that commissions same shall be entitled to the rights stated stated in a and b above.

Back on the thread today . Continuous post fro m henceforth

We are starting on why you need a performance contract today

Still here for your services

For creatives and entertainment stakeholders

For creatives and entertainment stakeholders

Chukatabra:
It really does. Easily in fact. My top reasons for saving in it are - Its a global currency, so its value remains more than it depreciates... It saves cost especially if you conduct a lot of international transactions.

This article gives some of the best reasons - https://blog.bitmama.io/reasons-why-you-should-save-in-dollars/

This is really nice . Well done

Posting today in continuation

Posting the document.

To continue with the posts tomorrow

Will kickstart this in a bit

We will discuss incorporation capital you need to start up depending on your sector

Lawyer

Join Mumorev

SHOULD I RETAIN AN ENTERTAINMENT LAWYER IN NIGERIA?

After all , I only do one offs and I might not need the lawyer services every time ? This is the mindset of some creatives and Entertainment business professionals in Nigeria.

The big question is , would you rather have a family doctor that attends to all your issues within a budget agreed upon or would you prefer to pay a doctor every-time you have a medical issue regardless of the fluctuations in prices or medical services or drugs ?

Prevention they say is better than cure . Entertainment lawyers in Nigeria are not only needed when disputes or issues arise. Entertainment lawyers are in-fact retained so that issues don’t arise . They give proper legal advise and help you negotiate properly to prevent avoidable issues .

Having an entertainment lawyer in Nigeria on retainer is beneficial to creatives and entertainment entities because

a) it reduces the cost of the legal services on the client
b) enables faster dispensation of services
c) quicker access to the attorney
d) access to the client’s network of creatives and entertainment business professionals
e) proper communication of issues between parties as client is treated as priority .

Among other numerous benefits

Who wants a free copy of the basic intellectual property for creatives ebook ?

I HAVE A LAWYER, DO I STILL NEED AN ENTERTAINMENT LAWYER IN NIGERIA?

Let’s take a look at things this way. There are general doctors, and then there are specialty doctors.

If a lady goes to a doctor and the issues discovered are significantly related to her body, she is referred to a gynecologist. This is not because the doctor does not have working knowledge of what to administer to the lady but because the gynecologist has superior knowledge and that is their area of specialization. Same goes for a man with eye problem or a sick child on consultation with a doctor, the man will be referred to an ophthalmologist who is an expert in treatment of eyes and the child to Pediatricians who is an expert in child treatment.

Only specialists can effectively and efficiently tackle the health issue discovered more than the general doctors.

Same thing goes for lawyers and entertainment lawyers in Nigeria. While Lawyers have general knowledge of the issues, entertainment lawyers in Nigeria are the specialists in the entertainment field that can treat the issue more effectively and efficiently and it is advised they are contacted to handle all issues in the Entertainment industry for higher success rate.

Under the pre incorporation stage of a start up , another key thing is to sort out the ownership structure . What does the founders get , what roles do they play , what is their shares percentage .

This is very key at the early stage of the startup so founders and the early employees know what's in for them and everyone is aware of their stake in the startup