INTRODUCTION
As a musician, producer, songwriter, etc (“music creative”), your music, lyrics, beats, and every component of your creative work has intrinsic value as intellectual property, which must be protected if you intend to derive due compensation and recognition from them.
Copyrights, trademarks, and patents are forms of intellectual property protection.
Your copyright arises immediately your creative work is produced, however, the protection Of your work is not automatic. You must take steps to protect every piece of your work by registering each piece of work with the Nigerian Copyright Commission (“NCC”).
WHAT YOU MUST DO TO PROTECT YOUR CREATIVE WORK
- Register each piece of work with NCC;
- Ensure that relevant documentation is in place (These include Demo Versions, Production Notes, Agreements);
- Use copyright notices.
ROYALTIES
As a music creative, royalties naturally accrue to you from the revenue generated by your work. There are various types of royalties such as, mechanical royalties, performance royalties, sync royalties, and digital royalties.
It is important to register each piece of work with a Performance Rights organization (“PRO”). There are local and international PROs you can sign-up and register with. PROs help track, collect and distribute royalties.
Get legal advice/review on contracts with record labels on royalty sharing.
In December 2024, Shallipopi announced his departure from his then record label, Dapper Music. Shallipoppi alleged that according to the contract between his then record label and himself, the record label would take 30 percent of his earnings in perpetuity
The Shallipopi scenario underscores the need for legal review and opinion on contracts between creatives and record labels.
NAVIGATING CONTRACTS
- When working with other parties, it is crucial to have clear agreements in place which outline the ownership percentage each party has over the work.
- Split Sheet Agreements are recommended. Split Sheet Agreements spells out the contributions and rights of each party, as well as the sharing formula for royalties.
- A good contract should also specify the sharing formula for royalties and ensure that the artiste is properly compensated for every play stream, or sale.
- Distribution rights must also be agreed upon, with clear terms on who controls the music distribution, and what platforms are to be used.
- Contracts should clearly define its duration. This ensures that the contract does not run in perpetuity.
- A reasonable termination clause is also crucial, to enable the parties exit the agreement when it no longer serves their interests.
WHAT TO DO WHEN YOUR IP IS VIOLATED
- Notify service providers to remove the infringing content.
- Commence legal action against the IP violator. You could sue for damages and injunction.
PROTECTING YOUR IP INTERNATIONALLY
- Choose the partners. You could partner with reputable Collective Management Organizations (CMOs) that can help manage and protect your IP rights internationally.
- Establish clear agreements with your collaborators, licensees, and distributors.
- Implement digital security measures to protect your work. These measures include file encryption, use of watermarks, etc.
- Register your IP with appropriate authorities in countries where you want to ensure local recognition of your rights.
- Monitor your IP constantly and proactively.
