MUST READ: Dusky, the Barrister-turned-muscian Bares his Mind on 'KNOWING YOUR LEGAL RIGHTS AS AN ARTISTE'

DUSKY

A Legal Practitioner who is versed in the knowledge of Copyright Laws. Barr Chidi G Madukwe, alias Dusky, is also a Performing Artist and in this article he takes on one of the challenges facing artistes in terms of copyright. 

ENTERTAINMENT LAW

It is amazing that someone \ people are interested in educating artistes on their legal rights, especially in an environment where a large percentage of artistes are unaware of who they are and consequently, what rights they have.

WHO IS AN ARTISTE?

The Oxford English Dictionary defines an artiste as a professional performer. In addition, the American Heritage Dictionary of the English Language defines an artiste as a skilled public performer or entertainer especially a singer or dancer. The above definitions are simple and need no further explanations.

THE FUNDAMENTAL HUMAN RIGHTS

Every country makes provision for its citizens despite their personal inclinations. Nigeria is not an exception and thus, there are some basic rights that avail every Nigerian Citizen. These rights are known and referred to as the Fundamental Human Rights and they are provided for in the Constitution of the Federal Republic of Nigeria 1999. The Fundamental Human Rights include the following:

Section 33 – Right to life

Section 34 – Right to dignity of human persons

Section 35 – Right to personal liberty

Section 36 – Right to fair hearing

Section 37 – Right to private and family life

Section 38 – Right to freedom of thought, conscience and religion

Section 39 – Right to freedom of expression and the press

Section 40 – Right to peaceful assembly and association

Section 41 – Right to freedom of movement

Section 42 – Right to freedom from discrimination

Section 43 – Right to acquire and own immovable property

Section 44 – Provisions relating to compulsory acquisition of property

The above provisions are the basic rights of any citizen of Nigeria, artistes inclusive. An artiste must know that Nigeria is not ‘lawless’ as people say. In addition to these rights, there are some rights that are peculiar to artistes on the basis of their profession. We will briefly look at Intellectual property and copyright as affecting Nigerian Artistes.

INTELLECTUAL PROPERTY

Entertainment law Simply put, property is an object which can be owned. Such object may be tangible (land and buildings) or intangible (ideas) and has some similar attendant rights including but not limited to:

Right to exclusive use and enjoyment

Right to part with – wholly, partly, permanently or on a temporary basis

Right to destroy if destructible

Against this background, intellectual property can be said to be an aspect of property law and refers to intangible property owned by a person in the outcome of his intellectual efforts. It affords rights in copyright, trademark, goodwill, patent, etc.

COPYRIGHT

Copyright is the right which the creator of an original work has against the whole world in preventing unauthorized acts of reproduction of such a work. Copyright in a work is the exclusive right to control the doing of certain specific acts in respect of the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original.

In Nigeria, copyright is protected by the Copyright Act as contained in Chapter C28 of the Laws of the Federation of Nigeria 2004 and it is administered by the Nigerian Copyright Commission (NCC).

It is needful to state at this point that what is protected is not the idea in the works but the form in which the idea is expressed. For example, two people might have the same idea of stigmatization of AIDS victims and one of them might express it through music while the other person will express it in writing. It is the form – music or written work that is protected, and not the idea of AIDS victims’ stigmatization.

Works eligible for Copyright

Literary works such as books, computer programmes, textbooks, reports, compilations, etc.

Artistic works including paintings, drawings, maps, plans, diagrams, works of sculpture, works of architecture, works of artistic craftsmanship and photographs not compromised in cinematography films.

Musical works comprising any musical composition, irrespective of musical quality and including works composed for musical accompaniment.

Cinematography films consisting of films and soundtracks.

Sound recordings.

Broadcasts – Radio, television, satellite, cable wireless, etc.

How is Copyright acquired?

As interesting as Copyright sounds, it is not a right that requires registration. Copyright is invested automatically by the Act on all eligible works which qualify for protection. The essence is that other persons may do any of the prohibited acts ONLY by the authorization of the right owner. However, there are due processes for the notification of the Copyright (consult a legal practitioner).

Grounds for protection

Originality

Fixation of work on a definite medium of expression

Qualification of Author

First publication in Nigeria

Works of Government

Copyright by reference to international agreement.

How can Copyright be infringed?

 Copyright is infringed by any person who without the licence or authorization of the owner of the copyright:

Does or causes any other person to do an act, the doing of which is controlled by copyright;

Imports or causes to be imported into Nigeria any copy of a work which if it had been made in Nigeria would be an infringing copy;

Exhibits in public any article in respect of which copyright is infringed;

Distributes by way of trade, offers for sales, hire or otherwise for any purpose prejudicial to the owner of the copyright, any article in respect of which copyright is infringed;

Makes or has in his possession, master tapes, machines, equipment or contrivances used for the purpose of making infringed copies of the works;

Permits a place of public entertainment or business to be used for the performance in the public of the work, where the performance constitutes an infringement of the copyright in the work, unless the person permitting the place to be used was not aware, and had no reasonable ground for suspecting that the performance would be an infringement of the copyright;

Performs or causes to be performed for the purpose of trade or business or as supporting facility to trade or business, any work in which copyright subsists

There is no need stating the obvious fact that Nigerian Artistes, being ignorant of their rights, have allowed their Copyright to be infringed upon again and again. Here, we rejoice when we hear our songs performed in public places or given airplay on radio and television stations without our prior authorization. We simply regard it as promo and this is mostly common with upcoming and gospel artistes. We are afraid to take hold of what rightfully belongs to us. I wish our eyes would be opened to the benefits accruing to such unauthorized violators!

Interestingly, the Copyright protection spans through the lifetime of the artiste up till 70 years after his demise. As we all know, whenever a Law is enacted, there are measures prescribed as penalty for contravening the said Law. There are various reliefs claimable upon the infringement of an artiste’s Copyright.

In summary, it is high time we stood up to our rights and benefit wholly from our God – given intellectual property. Thank You!