A STUDY OF COPYRIGHT LAW AND PIRACY IN THE NIGERIAN MUSIC BUSINESS

Abstract

This paper discusses piracy in Nigeria's music industry, with reference to copyright law and its application in tackling piracy from both theoretical and practical perspectives. It will highlight the applicable provisions of the Nigerian Copyright Act 2022 that grant holders exclusive rights to use, distribute, and reproduce their works. Piracy takes many forms, including unauthorised duplication, reproduction, and distribution of hardcopy compact discs, digital copies, and music files sold or distributed in both physical and online markets. These physical copies have primarily been found in the Alaba International Market; the online copies, on the other hand, mostly appear as unauthorised links used to download them illegally. It also adversely affects royalty streams and discourages investment in the music industry, resulting in annual losses of millions of naira. At the same time, there are practical issues with monitoring and enforcement activities by regulators such as the Nigerian Copyright Commission (NCC) and the limited impact of criminal sanctions on curbing piracy. There are also challenges associated with CMOs not functioning effectively as rights managers/licensors or rights collectors due to system- and market-based constraints. The existing Copyright Act 2022 has taken an appropriate direction, but it also faces issues with organisation and other social and economic factors that encourage piracy. At the same time, strict enforcement and regulation, publicity campaigns, education of musicians on their contractual rights, and modification to the fast-changing digital environment can help ensure the sustainability of musicians' livelihoods and the creative industries.