In the captivating landscape of African music, Nigerian music has emerged as one of the most vibrant in Africa, garnering accolades such as BET and MOBO Awards, Grammy nominations and other global recognition. It has emerged as a pivotal force in the Afrobeats scene, showcasing a blend of traditional African beats, highlife, and modern Western influences. Renowned artists such as Wizkid, Davido, Burna Boy, Tiwa Savage, alongside emerging talents like Asake, Rema, and Ayra Starr, have significantly propelled this genre into the global stage.

Notwithstanding its remarkable success, the African global music industry encounters various legal and regulatory challenges. One notable challenge is the lack of engagement of specialised intellectual property lawyers by artists venturing into the music business. By seeking legal support, artists can navigate the complexities of the industry and safeguard their artistic endeavours. 

LEGAL RIGHTS OF ARTISTES

In Nigeria, the legal framework that protects music artist’s rights includes copyright laws and various intellectual property regulations. Copyright is a bundle of rights which the author or originator of certain intellectual works is entitled to. The act addresses key aspects relevant for the protection, promotion and monetization of creative endeavours.  The copyright act aims to protect the artistic creation of writers, photographers, composers, publishers of music, cinematographers and other creative. 

1. Protection of Creative Works: Section 1 of the Copyright Act provides cogent mechanisms to protect diverse creative works, including literary, artistic, musical, and cinematographic works, among others. Copyright laws provide music artists with the legal framework to protect their creative works from unauthorised use, reproduction, and distribution. It serves as a bulwark against unauthorised exploitation. 
2. Monetary Compensation: It is of utmost importance to recognise the inherent value of creative expression. The act ensures fair and equitable compensation for creators. Copyright laws enable artists to negotiate royalty agreements and licensing frameworks. Section 15 of the Copyright Act seeks to uphold the principle of remuneration commensurate with the economic value generated by creative works.
3. Moral Rights Preservation: Section 14 of the Copyright Act enshrines the concept of moral rights, safeguarding the integrity and attribution of music artists. Music artists retain the rights to be identified as the authors of their works, and to object to any unauthorised distortions or modification of their work. 
4. Registration and Enforcement: The act incorporates streamlined registration procedures and establishes standardised mechanisms for the resolution of disputes. It empowers music artists to assert their rights through civil remedies and equitable remedies, thereby deterring infringement and ensuring swift redress. In order to seek redress, it is advisable to register their work with the Nigerian Copyright Commission. This registration helps provide legal protection and establishes a record of ownership for their creative works. 
5. Licensing and Collaboration: The importance of collaboration in the creative industry cannot be overemphasised. The act encourages synergy between music artists and record companies. It provides a framework for establishing agreements, licensing, and royalties, which helps foster mutually beneficial relationships in the music industry and it also propagates the exploration of new revenue streams and the expansion of creative horizon.
6. Royalty Collection: The act mandates the establishment of transparent and accountable royalty collection mechanisms. Through collective management societies and digital platforms such as spotify, Apple Music and Youtube music, creators can effectively track and monetise their works. Organisations like Nigerian Copyright Commission play a crucial role in managing and distributing these royalties to artists. 

Confronting Obstacles: Navigating the Roadblocks Encountered by Nigerian Music Artists

Nigerian music artists are usually faced with variety of challenges such as execution of unfavourable contract, royalty collection issue, low per-stream payouts, digital piracy, distribution disparities, copyright infringement, and lack of legal awareness. 

1. Execution of Unfavourable Contract: Despite legal protections provided by copyright laws, music artists often find themselves at a disadvantage when negotiating contracts with record companies and streaming platforms. The issues of restrictive clauses can result in music artists signing agreements that undervalue their work and drastically diminish their long-term earning potential.
2. Royalty Collection Issues: The high complexities of royalty collection present a great challenge to music artist seeking fair compensation for their contributions. Nigeria has multiple collective management organisations (CMOs) responsible for collecting and distributing royalties on behalf of music artists. However, the existence of multiple CMOs often leads to inefficiencies in royalty collection. 
3. Low Per-stream Payout: The rapid advent of digital streaming platforms has improved the consumption of music. However, the prevailing model of per-stream payouts has been subject to scrutiny for its inadequacy in remunerating music artists fairly. Despite millions of streams, many music artists receive low payouts, raising concerns about the sustainability of their livelihoods in an increasingly digital landscape. 
4. Digital Piracy: The rapid increase of digital piracy poses threat to the economic interests of music artists. Illicit streaming websites, peer-to-peer file sharing, and unauthorised distribution channels encourages the unauthorised dissemination of copyright contents, resulting in gross loss of revenues and diminished incentives for music artists to produce new works.
5. Distribution Disparities: limited access to global distribution networks, language barriers and cultural biases can hinder the visibility and commercial success of musical works.
6. Copyright Infringement: Despite legislative frameworks, copyright infringement still remains a pervasive issue, fuelled by the ease of digital reproduction and dissemination. 
7. Lack of Legal awareness: Music artists may unwittingly relinquish their rights or fall victim to exploitation due to ignorance of copyright laws and contractual obligations.

Breach of Exclusive Rights of the Author of a Musical Work or Sound Recording

It is pertinent to note that music artists invest countless hours, talent and resources into crafting their compositions, only to be saddled with the disheartening reality of unauthorised use, reproduction, or distribution that undermines their exclusive rights. The instances of copyright infringement are delineated in Section 15 of the Copyright Act, encompassing the following actions:

1. Unauthorised utilisation or commercially distributing a protected music work.
2. Importing copies of a musical work into Nigeria, which would constitute infringement if produced domestically.
3. Public exhibition of articles infringement, such as pirated sound recordings.
4. Manufacturing or possessing plates, master tapes, machinery, or equipment intended for producing infringing copies of musical work.
5. Allowing public venue or business establishment to host a performance of a musical work without proper authorisation, thereby committing infringement.
6. Engaging in or facilitating performances of musical works for trade or business purposes, or as ancillary activities supporting trade.

 Enforcement Mechanism:

 Litigating Copyright Infringement

In the musical industry, copyright infringement poses a persistent threat to the rights of music artist, and as such violation of the exclusive rights is prohibited under the Copyright Act, potentially leading to a lawsuit for copyright infringement. 

Upon identifying instances of infringement, music artists may choose to pursue legal action to enforce their rights and seek remedies for damages. However, it is essential to acknowledge certain limitations before initiating this process.

Limitations to Consider

The jurisdiction to adjudicate matters of copyright infringement lies exclusively with the Federal High Court, and legal action for infringement may only be pursued by the creative owner, assignee, or an exclusive licensee of the musical work. In lieu of this, individuals attempting to initiate a copyright infringement case in any other capacity, such as non-exclusive licensee, would lack the legal standing to maintain the action. 

Furthermore, in cases where both the copyright owner and exclusive licensee have concurrent rights of action against an infringement, neither party may proceed with legal action without the court’s permission unless the other party is either joined as a plaintiff or added as a defendant.

In addition, individuals engaged in activities that relates to negotiating licenses, collecting royalties, or representing multiple copyright owners are restricted from bringing lawsuits for copyrights infringements unless they are authorised to operate as a collecting society or have obtained exemption from the Nigerian Copyrights Commission. 

Remedies for Copyright Infringement

Similar to other civil lawsuits, a claimant in a copyright infringement case has the option to seek declaratory relief, perpetual injunctions, or general damages. It is important to understand that declaratory reliefs solely determine the rights of the parties without further action. Therefore, it is advisable to accompany a request for declaratory relief with a request for injunction to prevent future infringement, as well as damages to compensate for past infringement.

Moreover, where it is established or admitted that infringement occurred but the defendant was unaware or had no reasonable grounds to suspect that the work was protected under the Copyright Act at the time of infringement; the court may only order an account of profits against the defendant. 

CONCLUSION

The Nigerian music industry is experiencing rapid growth. However, it is faced by challenges, particularly the lack of understanding of rights and legal protection among artists. There is a need for mechanisms to ensure fair compensation, and the importance of raising awareness, promoting legal education, and implementing robust systems that safeguard the rights of artists. In the same vein, there is need to curtail infringing practices through competent litigation to ensure that only authors or persons duly authorised by them, profit from exploitation of a copyright protected musical work.

By Adeola Oyinlade & Co.

Note: The content of this article is anticipated to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstance.

Adeola Oyinlade & Co provides help and offer advisory to clients including Musical artists, Record companies, producers, composers, writers, photographers cinematographers, and publishers of music on intellectual property rights and entertainment law in Nigeria.

Need help? Kindly contact us using the details below:

Email: [email protected]

Mobile: +234 803 826 7683 / +234 802 686 0247

Conducting land search and verifying land title of a landed property is important for the purpose of ascertaining that the land or property has a good root of title or for detecting any defect in the title. Land searches and verifications involve carrying out due diligence at the Land Registry and other applicable places depending on the specific land transaction.

The processes involved in conducting search and verifying land titles include the following:

1. Search at the Land Registry, Lagos State.

The Land Registry maintains all documents relating to land within the state.  A search at the Land Registry will reveal the true owner of the land as well as any encumbrances such as government acquisition, mortgages, or leasehold on the property. Only land that has been duly registered with the state government can be verified.

2. Confirmation of survey at the office of the Surveyor-General Lagos State.

This is an important process in land verification. It involves the verification of the location of the land using the land coordinates in the survey plan. This process verifies the survey plan and reveals in the land in under acquisition.

3. Conducting a search at the Corporate Affairs Commission (CAC).

Companies are required to be registered with the CAC before they can acquire properties. Thus, a search is conducted at the CAC to confirm whether there is an encumbrance or charge registered in CAC with regards to the company’s assets.

• Search at the Probate Registry

A landed property may form part of a deceased estate, thus a search at the Probate Registry will verify whether probate has been given on any estate; who the administrators of the estate are; or to determine the executors of a testator in a situation of properties belonging to the estate of a deceased.

• Traditional Investigation

The land title of a single individual vendor, can be verified by conducting a traditional search. An investigation of the vendor’s family to identify the principal members of the family, as well as the community in the town where the land is located, particularly if the land is subject to family or community ownership. It is vital to confirm that the consent of all family members, including the family head, was obtained and that the family name is not void or voidable.

• Search at the Court’s Registry

This search will reveal if a landed property is subject to court litigation or has been litigated upon and the end result of the dispute.

• Physical Inspection of the land site

Physical inspection is to confirm the physical condition of the land or property, to know the boundary of the land, to confirm if it corresponds with the coordinates on the survey plan, and to know whether it is in possession by any person or than the vendor.

Conducting due diligence search and verification on land titles will assist a buyer in eliminating doubt, ambiguity or confusion surrounding a property.

By Adeola Oyinlade & Co.

Note: The content of this article is anticipated to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstance.

Adeola Oyinlade & Co provides help and offer advisory to clients on conducting due diligence search and verification on land titles in Lagos, Nigeria

Need help? Kindly contact us using the details below:

Email: [email protected]Mobile: +234 803 826 7683 / +234 802 686 0247

Fundamental rights are rights that are protected by the constitution from violation. While human rights are inherent to all people regardless of their personal, social or religious conditions, fundamental rights are specifically identified in a constitution as requiring a high degree of protection. They are fundamental because they are important to the dignity and liberty of individual life that they should be beyond any political process. The breach of any fundamental right will necessitate its enforcement in court. These rights however are not absolute, there are exceptions to them.

The rights are contained in Chapter IV of the 1999 Nigerian Constitution (as amended) from sections 33 to 46. They include:

1. Right to life
2. Right to dignity of human person
3. Right to personal liberty
4. Right to fair hearing
5. Right to private and family life
6. Right to freedom of thought, conscience and religion
7. Right to freedom of expression and the press
8. Right to peaceful assembly and association
9. Right to freedom of movement
10. Right to freedom from discrimination
11. Right to acquire and own immovable properties anywhere in Nigeria
12. Compulsory acquisition of property
13. Restrictions on and derogation from fundamental rights
14. Special jurisdiction of High Court and legal aid

Enforcement of Fundamental rights

Enforcement of fundamental rights in Nigeria is governed by the Fundamental Right (Enforcement Procedures) Rules 2009. The Rules provide for the practice and procedure in the determination of fundamental right actions.

By Order 2, Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules,

“any person who alleges that any of the fundamental rights provided for in the Constitution and to which he is entitled, has been, is being or is likely to be infringed may, apply to the court in the state where the infringement occurs or is likely to occur for redress”.

Thus where there is a violation or likely to be a violation of fundamental rights, the individual involved can proceed to court to seek redress of the violation or prevention of the likely violation.

As provided by the 1999 constitution the High court (state or federal) has jurisdiction over fundamental right actions but only to the extent of subject matters within the particular court’s jurisdiction.

Challenges in enforcement of fundamental rights

Generally, there are challenges in the administration of justice system in Nigeria as well as in the enforcement of fundamental right claims. One of which is ignorance or lack of knowledge and awareness by citizens of these fundamental rights. Another major challenge of enforcement of fundamental rights is the problem of poverty. Nigeria as a developing country has more than half of its citizens living in poverty and so many victims of fundamental right abuse cannot afford the cost of legal representation in court to enforce their rights. The resultant effect of these challenges is that perpetrators fundamental rights abuses mostly go unpunished.

By Adeola Oyinlade & Co.

Note: The content of this article is anticipated to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Adeola Oyinlade & Co provides help and offers advisory to both local and foreign clients on human rights enforcement in Nigeria.

Need help? Kindly contact us using the details below:

Email: [email protected]

Mobile: +234 803 826 7683 / +234 802 686 0247

A Will is generally the last wishes or instructions of a deceased person in writing. Where a person dies having a Will, he is called a testator and where there is no Will, he is said to have died intestate. A will allows for the distribution of the estate and properties of a testator in accordance with his wishes. On the other hand, not making a Will makes it easy for certain individuals to unlawfully interfere with the assets in a testator’s estate. One of the real issues that lead to a dispute over the estate of the deceased person is whether such a person made a Will and if so whether the Will was valid.

In Nigeria, a valid Will must have the binding force of law and therefore must meet the stipulated requirements of the law.

The WILLS ACT 1837 defines a valid Will; “a Will is a testamentary document voluntarily made and executed to law by a testator of sound mind, where he disposes his properties (real or personal) to beneficiaries to take effect after his death”.

There are various legislations guiding the making of Wills in Nigeria:

1. Wills Act of 1837;

2. Wills Law of various states;

3. Administration of Estate Laws of the various states;

4. High Court (Civil Procedure) Rules of various states; and

5. Evidence Act.

The procedure and requirements for making a valid Will include:

1. Writing: all legal documents must be in writing to have the binding force of law. Thus, a valid Will must be in writing.

• Voluntary: a valid will must be made by voluntarily by the testator. Thus, the writing of the will by the testator must be made in the absence of any expression of fraud, duress and/or undue influence.

• Legal age: a testator must be an adult of a legal age of 18 years and above to make a valid Will. Under the Will Act, a testator must have attained the age of 21 years while Wills law of various states require a legal age of 18 years.

• Mental capacity: The testator must be of sound disposing mind to make a valid Will. He must have requisite memory and understanding.There must be no infirmity or lunacy of any sort, no matter how slight and the testator must not have been unduly influenced to dispose of his property as he did in the Will.

• Execution: a valid Will must be duly signed by the testator or any person of his choice on his behalf but who must sign in his presence and by his directions.

• Attestation: a minimum of two witnesses must sign in acknowledgment of the testator’s signature in his presence and at the same time.

• Lodgment at Court Registry: a valid Will must be taken and lodged at the probate registry of a state high court before or upon the demise of the Testator.

• Witness must not be a beneficiary: a witness must not be a beneficiary to a valid Will. Any gift given to a witness will be null and void. The exception is only for a spouse, such a spouse can still benefit from the Will. It is generally not advisable for a testator’s spouse or children to attest or sign to a Will to avoid conflict of interest and ensure confidentiality.

• Executors: a valid will must have named executors of the testator’s estate. They must be up to the legal age of 18 years and above. Executors can be part of beneficiaries in a Will. A minimum of two executors are required.

It should be noted that the making of Wills under customary laws and the Islamic law have their own systems, which are different from the statutory provisions.

A Will only takes effect after the death of the testator, thus, in making a Will it is important that proper legal advice should be sought and obtained. This way, the intentions of the testator as to how his assets may be distributed is strictly adhered to and not invalidated for being inconsistent with the law.

Where a person who feels entitled to the estate of a deceased person suspects or anticipates that no provision whatsoever was made for them under a Will, the only recourse is to challenge the Will.

Proving the validity of a Will

In proving the validity of Will, there is presumption of regularity of a Will that appears on its face to be ex-facie regular. Thus, the primary burden of proving the validity or proper execution of a Will lies on the person who propounds it or seeks to rely on it. After the burden is discharged, it shifts to the other party challenging the Will.

By Adeola Oyinlade & Co

Note: The content of this article is anticipated to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Adeola Oyinlade & Co provides help and offers advisory to clients on how to write a valid will in Nigeria.

Need help? Kindly contact us using the details below:

Email: [email protected]

Mobile: +234 803 826 7683 / +234 802 686 0247

Any crime or illegal activity committed in the use of computers and network is referred to as a cybercrime. The Cybercrimes (Prohibition and Prevention, etc.) Act 2015 (“Cybercrimes Act”), is the principal legislation for the regulation of all activities in the Nigeria cyber space involving a computer and internet network. The Cybercrimes Act is vital to the national security of Nigeria and the President is empowered by it to implement procedures and guidelines for the advancement of national security.

Forms of cybercrimes according to the Cybercrimes Act:

• Hacking
• Denial-of-service attacks
• Phishing
• Infection of IT systems with malware
• Distribution, sale or offering for sale of hardware, software or other tools used to commit cybercrime
• Possession or use of hardware, software or other tools used to commit cybercrime
• Identity theft or identity fraud
• Electronic theft
• Unsolicited penetration testing
• Cyberstalking
• Cybersquatting
• Cyber terrorism
• Manipulation of ATM/POS Terminals
• Breach of confidence by service providers

Penalties for Cybercrimes

The penalties for various cybercrimes are provided for under the Cybercrimes Act, they range from fines to imprisonment or both. The court may also order forfeiture of proceeds. The Act criminalizes cybercrimes as well as compensates the cybercrime victims. Civil actions may lie against perpetrators of cybercrimes such as defamation, misrepresentation, breach of confidence, breach of contract, and others. Also, actions may be instituted for the enforcement of Fundamental Right breached under the 1999 Constitution (as amended).

Applicable Laws to cybersecurity in Nigeria:

1. The 1999 Constitution of the Federal Republic of Nigeria (as amended) (“CFRN”).
2. The Cybercrimes (Prohibition and Prevention, etc.) Act, 2015.
3. Nigeria Data Protection Act, 2023 (“NDPA”).
4. Nigeria Data Protection Regulation, 2019 (“NDPR”).
5. Nigeria Data Protection Regulation Implementation Framework, 2020.
6. The Advance Fee Fraud and other Related Offences Act, 2006.
7. Terrorism (Prevention and Prohibition) Act, 2022.
8. The NCC Guidelines for the Provision of Internet Service.
9. Risk-Based Cybersecurity Framework and Guidelines for Other Financial Institutions, 2022.
10. The Economic and Financial Crimes Commission (Establishment, etc.) Act, 2004.
11. The Money Laundering (Prevention and Prohibition) Act, 2022.
12. Nigerian Communications Communication Act, 2003.

Major Regulators of cyber security in Nigeria under the Cybercrimes Act:

1. Nigeria Data Protection Commission (“NDPC”) is responsible for enforcing the provisions of the NDPA and NDPR.
2. The Nigerian Communications Commission (“NCC”) is responsible for enforcing the provisions of the Guidelines for the Provision of Internet Service.
3. The National Security Adviser (“NSA”) is responsible for maintaining the National CERT Coordination Centre responsible for managing cyber-incidents in Nigeria.
4. The Attorney General of the Federation (“AGF”) supervises the implementation of the Cybercrimes Act, whilst law enforcement agencies are responsible for enforcing the provisions of the Cybercrimes Act.
5. The CBN is responsible for regulating the activities of financial institutions in Nigeria.

Preventive measures against cyber attacks

The Cybercrimes Act permits organizations to use their suitable and effective measures to protect and prevent their IT systems from cybercriminals.  Some government regulators like the NCC are saddled with the responsibility of releasing periodic information to the public on cybersecurity.

By Adeola Oyinlade & Co

Need help? Kindly contact us using the details below:

Email: [email protected]

Mobile: +234 803 826 7683 / +234 802 686 0247