Legal Framework for Music Licensing in Nigeria: What Global Distributors Need To Know

Introduction

Nigeria, home to Afrobeat and a thriving music scene, is also governed by a complex legal and institutional framework for music licensing. Global distributors seeking to enter or expand in the Nigerian music market must understand the nuances of the country’s copyright regime, collective management structures, and regulatory agencies.

1.    The Legal Basis for Music Licensing in Nigeria  

The legal foundation of music licensing in Nigeria is primarily built upon the Nigerian Copyright Act Cap C28 Laws of the Federation of Nigeria 2004 (as amended) and the new Copyright Act 2022. This Act governs the rights of creators, including authors, performers, producers, and publishers of sound recordings

2.    Types of Music Licenses in Nigeria 

– Mechanical License: Grants the right to reproduce and distribute musical works (e.g., CDs, downloads).

– Performance License: Required for public performance or broadcast (TV, radio, concerts).

– Synchronization License: Required for pairing music with visual content (e.g., movies, ads).

– Master Use License: Deals with the use of actual sound recordings.

Collective Management Organizations (CMOs)

CMOs are responsible for the administration and collection of royalties. Nigeria has several CMOs, each specializing in different rights:

– Copyright Society of Nigeria (COSON): Handles public performance and mechanical rights.- Musical Copyright Society Nigeria (MCSN): Competes with COSON, handling similar rights.

– Reprographic Rights Organization of Nigeria (REPRONIG): Less relevant to music but important for publishing rights.

Distributors must check that their licensing agreements are validated by the appropriate CMO recognized by the Nigerian Copyright Commission (NCC)

Role of the Nigerian Copyright Commission (NCC)

The NCC is the regulatory agency for copyright in Nigeria. It:

– Licenses and regulates CMOs.

– Enforces copyright laws

.- Maintains the copyright registry (optional but recommended for evidentiary value)

Best Practices for Global Distributors

– Ensure due diligence on rights ownership and chain of title

– Engage a Nigerian legal counsel for contract vetting and compliance.

– Work with NCC’s recognized CMO’s and insist on proper documentation.

– Consider direct licensing where possible, especially for synchronization deals

.- Stay updated with changes under the Copyrights Act 2022.

The Copyright Act 2022, A Game Changer

·       This Act introduces new rights and enforcement mechanisms, including:- Expanded scope for digital works and streaming.

·       More stringent penalties for infringement.- Formal recognition of performers rights and neighboring right.

Conclusion:

Nigeria offers rich musical opportunities but comes with legal intricacies. Global distributors who understand the local licensing terrain and legal institutions can unlock value while remaining compliant. Legal foresight, local collaboration, and adaptability to evolving copyright norms are crucial for success. Navigating the legal framework for music licensing in Nigeria requires a thorough understanding of the Copyright Act of 2022, collective management organizations, licensing agreements, and royalty payments.

Global distributors must obtain proper licenses, comply with Nigerian copyright laws, and work with collective management organizations to ensure fair compensation for music creators. By following best practices, such as clearly outlining terms, monitoring royalty payments, and respecting intellectual property rights, global distributors can successfully operate in the Nigerian music industry while promoting creativity and innovation. Ultimately, a well-structured music licensing framework can foster growth, development, and profitability in Nigeria’s vibrant music sector.

For more insight into Nigeria’s Intellectual Property landscape, feel free to contact us BFA & Co Legal. We are a leading law firm with deep expertise in Entertainment Law, dedicated to helping clients protect and enforce their Intellectual Property rights in Nigeria.

At BFA & Co Legal, our unwavering commitment to excellence in intellectual property law ensures that we consistently deliver exceptional legal solutions that exceed client expectations.

We welcome inquiries on any Entertainment Law-related matters. You can reach us via email at: info@bfaandcolegal.com, bfa@bfaandcolegal.com and francisca@bfaandcolegal.com.