Every music you hear contains two main elements: The Composition (Musical Works) and Masters (Sound Recordings). These elements form the foundation of music copyright and define how rights are administered and monetized in the music industry.
Both elements are protected under copyright law, ensuring that creators, performers, and producers receive fair compensation when their works are used. In Nigeria, the Nigerian Copyright Commission (NCC) and the Musical Copyright Society Nigeria (MCSN) play key roles in protecting these rights.
Key Elements of Music: Understanding Musical Works, Sound Recordings, and Copyright in Nigeria
This article explores the key elements of music—musical works and sound recordings—and how copyright laws ensure creators are rewarded for their contributions.
Introduction to Musical Works and Sound Recordings
At the core of music copyright are two distinct yet interconnected concepts: musical works and sound recordings. Understanding their differences is the first step to navigating the world of music rights.
Musical Works
A musical work refers to the composition itself: the melody, lyrics, harmonies, and arrangement. It is the intellectual creation of a songwriter, composer, or lyricist.
Examples:
- A song written by a composer (e.g., “African Queen” by 2Baba).
- Lyrics penned by a poet or songwriter.
Sound Recordings
A sound recording is the fixed, tangible version of a musical work. It captures the performance of the work by artists, producers, and engineers.
Examples:
- A studio-recorded track (e.g., Burna Boy’s “Last Last”).
- A live concert recording.
Key Difference:
- The musical work is the “blueprint” (owned by the songwriter/composer).
- The sound recording is the “product” (owned by the performer/producer/label).
Copyright Protection in Nigeria
In Nigeria, the Copyright Act (Cap C. 28 Laws of the Federation of Nigeria 2004) serves as the legal backbone for protecting musical works and sound recordings. This legislation ensures that creators have exclusive control over their works and can benefit financially from their use.
Duration of Copyright
- Musical Works: Copyright protection lasts for the lifetime of the author plus seventy years after their death. This extended duration allows creators and their heirs to reap the rewards of their work for decades.
- Sound Recordings: Protection extends for fifty years from the first date of recording. Once this period expires, the sound recording enters the public domain.
Exclusive Rights Granted
The Copyright Act grants copyright owners a bundle of exclusive rights, which include:
- Reproduction: The right to make copies of the work (e.g., duplicating a song onto CDs or digital files).
- Distribution: The right to sell or distribute copies to the public.
- Public Performance: The right to perform the work in public, a cornerstone of music copyright.
- Derivative Works: The right to create new works based on the original (e.g., remixes or adaptations).
For sound recordings, these rights are similar but include specific protections, such as the right to perform the recording publicly, particularly via digital transmissions. A key provision of the Act states that no one may perform or allow the performance of copyrighted music in public without the copyright owner’s permission. This applies to:
- Live performances (e.g., concerts or band gigs).
- Playing recorded music in public venues (e.g., restaurants, shops, or clubs).
- Broadcasting music through radio, television, or online platforms.
The Role of the Nigerian Copyright Commission (NCC)
The NCC is the government agency responsible for enforcing copyright laws in Nigeria. Its functions include:
Registration: Maintaining a database of copyrighted works (optional but recommended).
Enforcement: Raiding piracy hubs, prosecuting infringers, and seizing counterfeit goods.
Public Awareness: Educating creators and users about copyright laws.
Policy Advocacy: Updating laws to reflect global standards (e.g., digital rights).
The Role of the Musical Copyright Society Nigeria (MCSN)
The Musical Copyright Society Nigeria (MCSN) is the only government-approved Collective Management Organization (CMO) for musical works and sound recordings in Nigeria. MCSN ensures that music creators get paid when their works are used.
What Does MCSN Do?
- Licensing: MCSN issues licenses to music users, such as businesses, broadcasters, and digital platforms, allowing them to legally use its extensive repertoire of music. This covers public performances, broadcasts, and mechanical reproductions (e.g., streaming or digital downloads).
- Royalty Collection and Distribution: MCSN collects royalties from these users and distributes them to its members. This ensures creators are fairly compensated.
- Representation: Through assignments and contracts, MCSN becomes the owner, assignee, or exclusive licensee of copyrights in musical works and sound recordings. This empowers it to act on behalf of creators, streamlining the licensing process.
- Global Network: MCSN’s reciprocal agreements with international CMOs allow it to represent foreign copyright owners in Nigeria and secure royalties for Nigerian creators abroad.
Practical Examples
- A Restaurant: Playing background music requires a license from MCSN to cover the public performance of both musical works and sound recordings.
- A Radio Station: Broadcasting songs involves royalties for the musical work (paid to composers/publishers) and the sound recording (paid to performers/producers), collected via MCSN.
- A Filmmaker: Using a song in a movie requires sync licenses for the musical work and possibly a master use license for the sound recording, which MCSN facilitates.
Benefits of MCSN
- For Creators: Joining MCSN simplifies monetization. Instead of tracking every use of their music, creators rely on MCSN to collect and distribute royalties, both locally and globally.
- For Users: Businesses and broadcasters can obtain a single license from MCSN to access a vast catalog of music, avoiding the complexity of individual negotiations.
Consequences of Non-Compliance
Failing to secure a license from MCSN can lead to:
- Financial Penalties: Damages and increased fees (e.g., MCSN may double the first-year charge for unlicensed use).
- Legal Action: Court orders to stop performances and potential imprisonment for copyright infringement.
Music Creators
I Write, Compose, Produce, Perform, Publish, or own Music.
Music Users
I use Music in my Business within Nigeria.
