In September 2022, a contentious case emerged in the Afrobeat scene after the release of Joeboy’s single ‘Contour’ and as a result, the Nigerian music scene experienced a surge of Intellectual Property lawyers and commentators weighing in on the issue. Neo-Soul artist Asa alleged copyright infringement regarding Joeboy’s composition, sparking extensive discussions and raising questions about intellectual property rights in the Nigerian music industry. The controversy led to heated debates on social media, with supporters and adversaries offering their opinions on crucial aspects such as the origin of the beats, the presence of a split sheet agreement or production arrangement, and the rightful ownership of the copyright. The central question that emerged from the debate was ‘was there indeed a copyright infringement?
The domain of Intellectual Property Law, including copyrights, trademarks, and patents, is gaining significant attention in Nigeria’s legal landscape. Recently, there has been a surge in interest in this area, now known as Entertainment law, which was historically given limited consideration in the country. This article explores entertainment law’s essence and emphasizes its importance for creatives in the Nigerian entertainment industry. It highlights the crucial role of entertainment lawyers in safeguarding the rights and interests of artists, musicians, filmmakers, and other creative professionals.
In the dynamic world of creativity, individuals express their ideas through various mediums like songs, movies, poetry, novels, and software, every second of every day. As the industry continues to grow and transform, legal professionals act as crucial advocates for artists, musicians, filmmakers, and other creatives. Their primary responsibility involves navigating the complexities of Intellectual Property Law to ensure the comprehensive protection of artists’ works through copyrights, trademarks, and patents. This safeguarding process helps prevent unauthorized use and exploitation of creative works, thereby preserving the artists’ financial interests and artistic integrity.
Additionally, in the face of emerging digital platforms and evolving media distribution models, entertainment lawyers assist artists in understanding and capitalizing on new opportunities while avoiding potential legal pitfalls. With their specialized knowledge and experience, entertainment lawyers play an instrumental role in shaping and protecting the future of the Nigerian entertainment scene.
In my research, I came across OGQ and Co, a law firm that comprises of young lawyers with an understanding of the entertainment business, strong ties in the industry and exclusive dedication to entertainment law. OGQ and Co has garnered a reputation for itself by prioritizing the protection of intellectual property for creative individuals while offering valuable guidance and education along the way. This can be attributed to the fact that the lawyers at OGQ and Co are young creatives themselves, which plays a crucial role in their deep understanding and empathy towards the unique needs and challenges faced by individuals in the entertainment industry.
Nevertheless, despite having these options at hand, pitfalls like the ‘Contour‘ infringement case can still arise. That’s why it becomes paramount to proactively seek legal representation that can educate and guide creatives on navigating the intricate legal aspects of safeguarding their intellectual property right from the outset of the creative journey. Unfortunately, many creatives primarily concentrate on litigation after an infringement has taken place, which is akin to closing the stable door after the horse has bolted. The emphasis should be on proactive measures to avoid such issues from occurring in the first place.
The question that lingers is whether the current emphasis on protecting intellectual property leans towards prevention during the creative process or towards cure, which involves litigation after an infringement has occurred. Undoubtedly, adhering to the wisdom of the Greek physician Hippocrates, it is evident that prevention is indeed superior to cure.
