INTELLECTUAL PROPERTY: WAYS OF PROTECTING MUSIC RIGHTS IN THE DIGITAL AGE

Introduction

Globally, there has been a transition to an era defined by global streaming platforms, social media distribution, and the vast adoption of artificial intelligence across diverse sectors. In the entertainment industry, the legal frameworks that govern music rights have likewise become more complex. This complexity increases the need for a more defined protective legal and regulatory framework in the industry.

For songwriters, composers, performers, and producers, understanding music rights is not merely a technical legal concern. Rather, it is an essential tool for protecting both creative and financial interests.

This article explains the core legal principles that underpin music rights. It helps creators understand how to safeguard their work, negotiate fair agreements, and navigate the fast-growing music industry.

Music Rights in Nigeria

Under the Copyright Act 2022, copyright protection is granted to a defined category of creative works. These include literary works, musical works, artistic works, cinematograph films, sound recordings, and broadcasts.

In the context of music rights in Nigeria, the implication is that a song, composition, or musical arrangement will only attract copyright protection once it reflects the creator’s original effort and has been recorded or otherwise captured in a tangible form.

The essence of music rights is that it confers certain privileges on songwriters and performers. These privileges allow them to control how their music is used and to receive compensation for such use.

1. The Musical Work: This is the underlying composition of the song, which comprise the melody, lyrics, harmony, and rhythm created by a songwriter.
2. The Sound Recording: This is the fixation of a performance of that musical work. In practical terms it is the specific recording created by an artist, producer, and record label for the Music.

In the creation of musical works, rights and licenses accrue to each creation. They include:

1. Mechanical Rights: These rights cover the reproduction and distribution of a musical work onto physical media (CDs) or digital formats (downloads, interactive streams). Whenever a song is streamed on Spotify or Apple Music, it generates a mechanical royalty. In the United States, these are often handled by the Mechanical Licensing Collective (MLC), while globally, they are managed by Collective Management Organizations (CMOs).
2. Performance Rights: This right ensures that songwriters and publishers are paid when their musical work is performed or communicated to the public. This includes traditional broadcasts (radio, TV), live performances (concerts), and public performances in businesses (restaurants, shops), as well as digital streaming . These royalties are collected by Performance Rights Organizations (PROs) and in Nigeria, the Musical Copyright Society of Nigeria (MCSN).
3. Reproduction Rights in Sound Recordings: Separate from the musical work, the owner of the sound recording (typically a record label) has the exclusive right to reproduce and distribute that specific recording. When a sound recording is publicly performed (on digital radio or interactive streaming), a separate neighboring rights royalty is generated, often collected by organizations like Sound Exchange.
4. Synchronization Rights (Sync): This right requires permission from the copyright owner of the musical work (and often the master owner) to use music in timed relation with visual images, such as in films, TV shows, advertisements, or video games. This is a negotiated license, and fees can range depending on the intended purpose.

Key Participants in the Rights Management Ecosystem

Collective Management Organizations (CMOs): CMO’s are saddled with the responsibility of licensing music users on behalf of their members and distributing collected royalties. In Nigeria, the Musical Copyright Society of Nigeria (MCSN) operates as the approved CMO for musical works, working under the regulatory supervision of the Nigerian Copyright Commission (NCC).

Record Labels: Labels own the copyright in the sound recording (the “master”). They invest in production, distribution, and marketing in exchange for this ownership and a share of the revenue the music generates.

Licensing of Music Rights

Licensing and assignment of copyright under the Nigerian Copyright Act, 2022, is generally governed by Section 30 of the Act.

As stipulated under Section 63 of the Act, Performers enjoy moral rights, such as the right to be identified and the right to object to derogatory treatment of their performance. These rights, except where expressly waived within legal limits, continue to subsist notwithstanding any licensing arrangement. Thus, licensing should be understood as a limited authorization rather than a divestment of ownership.

Assignment of IP rights in Music

This involves the transfer of ownership of copyright from one party to another. It effectively vests the assignee with the rights previously held by the assignor.

In situations involving joint authorship or ownership of Music Rights, an assignment by one co-owner may affect the collective ownership structure, making it necessary to clearly define the rights and obligations of all parties involved. Thus, in collaborative musical works, split sheet agreements play a crucial role in defining the ownership structure and distribution of royalties among contributors. Although not expressly provided for under the Act, split sheets are widely recognized in industry practice as binding contractual instruments governed by general principles of contract law.

They typically set out the percentage interests of songwriters, producers, and other contributors in a musical work. In the absence of a clear agreement, disputes may arise as to the extent of each party’s contribution and entitlement. Split sheets therefore serve as preventive legal tools, ensuring that all parties agree in advance on how royalties and other income streams will be shared. This is particularly important in an industry where multiple contributors often participate in the creation of a single work. Without such agreements, courts are left to rely on uncertain evidence of contribution, which may lead to protracted disputes and inequitable outcomes.

In the context of succession and estate planning, Section 19 of the Act indicates that copyright in musical works subsists for the life of the author plus seventy years after death. These rights constitute valuable intellectual property assets capable of transmission upon death.

Where a will exists, beneficiaries may inherit the economic rights associated with the works. This includes the right to receive royalties, license the works, and enforce the copyright against infringers.

Best Practices for Protection of Music Rights

Understanding the legal framework governing music rights is only the first step. Equally important is adopting practical strategies that enable creators to protect their works and ensure they are properly compensated.

1. Document Creation and Manage Metadata Carefully:
   From the earliest stages of creating a song, music creators should maintain clear documentation of the creative process. This includes recording songwriting sessions, keeping drafts, and promptly agreeing on songwriting splits with collaborators.

Registration with Relevant Institutions: Generally, copyright protection arises automatically upon creation of an eligible work under the Copyright Act 2022. However, registration of works with the Nigerian Copyright Commission provides an official record of ownership that can be valuable in enforcement or dispute situations.

Formal Contracts: Creators should avoid relying on informal or oral agreements when collaborating or licensing their works. Written contracts should clearly define key terms such as ownership of master recordings, publishing rights, royalty percentages, payment structures, and accounting obligations.

Engage Professionals: Record deals, publishing agreements, and licensing arrangements can have long-term implications for ownership and revenue. Creators should always review such agreements carefully and obtain independent legal advice before signing.

Conclusion

Copyright law provides the legal and economic framework that allows creativity to thrive. By protecting the rights of creators and ensuring that they are properly credited and compensated for the use of their works, the law sustains the music ecosystem and encourages continued innovation.

The experiences of global artists overtime illustrate how issues of ownership, royalties, and contractual rights can significantly shape the trajectory of a creator’s career. Real world disputes highlight the importance of formal, clear agreements, rights registration, and effective royalty management.

The experiences of global artists over time illustrate how issues of ownership, royalties, and contractual rights can significantly shape the trajectory of a creator’s career. Real-world disputes highlight the importance of formal, clear agreements, rights registration, and effective royalty management.

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[1] Section 1(1)(2) Copyright Act, 2022, LFN 2004.

[2] All About IPI Numbers, < https://www.ascap.com/help/registering-your-music/ipi-faqs> Accessed March 2026.

[3] Section 34 Copyright Act 2022.

[4][4] https://www.ascap.com/help/registering-your-music/ipi-faqs