Multiple award-winning gospel musician Sinach has been sued for five billion naira over her song Way Maker by a producer Michael Oluwole aka Mayes, who said he contributed significantly to the music. Mayes said he recorded, mixed, and master the recording, and he played piano, strings, and synthesisers as accompaniments. Sinach said she paid Mayes for his work to the tune of one hundred and fifty thousand naira at the time. Who is right and who is wrong? The case is in court and we at the Gospel Reggae Team Initiative aka Kristofarians cannot take a position but wait for the courts. However, it seems there are aspects of the law that Kristofarians and other musicians and producers ought to know.

Nigerian musicians and producers should be aware of the following key parts of the Nigerian Copyright Act, 2022, as these provisions directly impact their rights and responsibilities:

1. Copyright Protection for Musical Works

Eligibility (Section 2): Musical works are eligible for copyright protection if they are original and fixed in a tangible medium of expression. That means you cannot claim copyright for an idea you have not written down or recorded somewhere as a voice note or video. Endeavour to always create voice notes of your ideas and write them down.

Exclusive Rights (Section 9): Musicians have exclusive rights to reproduce the work and the right to publish and distribute copies. They also have the right to perform the work in public, make adaptations or translations, and communicate the work to the public through broadcasting or streaming.

2. Duration of Copyright (Section 19):

Copyright for musical works lasts for 70 years after the end of the year in which the author (musician) dies. If the work is of joint authorship, it extends to 70 years after the death of the last surviving author. As an example, since Fela died in 1997, the copyright on his works continued from 1 January 1998 until 31 December 2068.

3. Right to Remuneration (Section 15)

Musicians are entitled to equitable remuneration for the broadcasting or public performance of their sound recordings. This includes royalties for use by broadcasters and other users. It is left for an artist to decide whether they want to waive this right in favour of the publicity they get, or insist on it no matter what. A good example again is the Kuti family whose songs are not played very much on air, either because they are in the category of NTBB (Not To Be Broadcast), or the authors are strict rights enforcements.

4. Moral Rights (Section 14)

Musicians retain the right to be credited as the creators of their work. This means that aside from the fact that you own the songs, you have the right to be known as the authors of the works. Think of some of the popular hymns in church. You hear them; you sing them; but you rarely are told who wrote or composed them.

Musicians also have the right to object to any distortion, mutilation, or derogatory use of their work that could harm their reputation. This means that, if your song is being used for a political campaign whose ideology you disagree with, you can object to it or sue.

5. Protection of Sound Recordings (Section 12)

According the Nigerian Copyright Law, sound recordings enjoy copyright protection. Rights include the ability to control reproduction, broadcasting, distribution, and making the recording available to the public. Somehow, this might be the most commonly known right, which is why YouTube, Facebook, Instagram, TikTok and most of those platforms mute songs that you do not own.

6. Exceptions to Copyright (Sections 20-27)

Certain uses of musical works are allowed without the musician’s permission, such as fair dealing for private use, parody, criticism, or review; use in educational contexts or during news reporting. You may also use it for persons with disabilities in accessible formats.

7. Infringement and Enforcement (Sections 36-44)

Unauthorised reproduction, distribution, or public performance of a person’s works constitutes infringement. And when there is an infringment musicians can take legal action against infringers, seek damages, and request injunctions. Criminal liability is applicable for willful infringement, including fines and imprisonment. Just imagine how full the Nigerian Correctional Services and their centres would be soon.

8. Collective Management (Section 88)

Musicians can register with Collective Management Organisations (CMOs) to license their works and collect royalties on their behalf. In our country, the Copyright Society of Nigeria (COSON) and the Musical Copyright Society of Nigeria (MCSN) are at the forefront of this, but they are involved in a tussle. COSON say on their website that they “collect money from public/commercial users such as hotels, clubs, TV stations, radio stations, halls, transport facilities, and many others” on behalf of copyright holders. Likewise, MCSN say they “intermediate between owners of works and users of such works.” Choose your preferred language.

9. Online Content Protection (Sections 54-62)

Musicians are protected against unauthorised online distribution. This is why you see those harsh behaviours by the social media platforms we referred to earlier in number 5. Musicians can request takedown notices for infringing content and have recourse against repeat infringers.

10. Rights in Commissioned Works or Employment (Section 28)

This is the most dicey one that Sinach might be relying on. If a musical work is created under a contract of employment or as a commissioned work, the copyright typically belongs to the employer or commissioner unless otherwise agreed. These provisions ensure musicians can control and monetise their creative output while protecting against misuse. Would we say Mayes has been paid, and since he did not expressly get a contract or agreement from Sinach saying he should be given copyright credits, he has no reason to file the case?

Of course, these 10 provisions of the Copyright Act are not all a musician or producer needs. If needed, musicians should seek legal advice to understand specific applications of the Act to their works and agreements. Meanwhile, download the Act from here and tell us in the comments what aspect musicians a d other artists need to know.