IP and African Music: Balancing Art Rights For Economic Growth

“I think works of art- any form of culture- have the capability to give people a certain hope and passion and belief and conviction that nothing else can. I think there is something about creativity and the imagination that is ultimately very primal, and it can be incredibly moving and provoke people in all the right directions.”

                                                                                                                                 ~ Shirin Neshat¹

Abstract

In Africa, music which is deeply ingrained in African culture remains a practice so much revered and extolled even amongst its people. The African continent overtime has produced influential artists and styles like afrobeat which have globally impacted the music world.

The current transformative and integrative nature of music in the 21^st century now stands to be much more than art- it is a big business. Spotify reports that the streaming platform distributed over US$38 million in royalties to Nigerian artists and South African performers reached a 54% increase from the prior year, amounting to US$21 million. The same report indicates that most of these royalties came from outside their home markets. The entire continent’s music sector can similarly be exported; therefore, it holds latent transformative potential.²

Africa’s rich musical heritage, woven from generations of creative genius and cultural splendour deserves protection and preservation. Through Intellectual Property Rights, this treasured legacy remains safeguarded for the thriving and empowering of the music industry.

This dissertation thus explores the intersection of IP and African music, highlighting the crucial role IP plays in safeguarding the African music heritage for the actualization of global impact and sustainable development.

We would now address the intersection of IP and the African music industry, encapsulating the importance of IP to the same.

Introduction

Intellectual Property

Intellectual Property refers to creations of the mind such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. It is that area protected in law by, for example patents, copyright and trademarks, which enable people earn recognition or financial benefit from what they invent or create.³

African Music

African music on the other hand simply refers to the diverse range of musical traditions, styles, and genres originating from Africa. It encompasses various rhythms, instruments, vocal techniques, and cultural expressions across the continent’s many regions and ethnic groups.

African Music generally is characterized by its richness, complexity, and significant influence on global music.

IP and African music: The pulley towards greatness

Intellectual Property, which encapsulates creations of the human intellect, plays a vital role in the African music industry, enabling creators safeguard and monetize their works through copyright laws and regulations.

According to UNESCO, the creative sector in Africa could generate 20 million jobs and over $20 billion annually. The international successes of Afrobeat artists like Burna Boy and Tems, alongside African films such as Iwaju, highlights the growing global appetite for African creative innovations. This demand underscores the urgent need to strengthen protections for creators’ rights.⁴

Below will now be elucidated the IPRs relevant to the propagation of the African music industry.

1. Copyright:

Copyright is the cornerstone of the music industry. It is the exclusive right, given to the originator for a fixed number of years, to print, publish, perform, or record literary, artistic, or musical material. It is a form of IP, applicable to certain forms of creative work. Copyrights are considered “territorial rights”, which means they do not extend beyond the territory of a specific jurisdiction.⁵

In Nigeria for example, pursuant to section 1(2) of the Copyright Act,⁶ for a musical work to enjoy protection, it must be a deliberate creation which is original, and fixed on a medium such as compact discs or DVDs. Also, a single musical work can have two separate copyrights: one for the musical composition and another for the sound recording.

2. Licensing agreements: 

Copyright gives rise to licensing agreements which grant permission by the copyright owner to a third party, allowing them to use the protected work for specific purposes.⁷) Without proper licensing, legal disputes may arise to protect creators’ rights. In the music industry, a good number of licenses exist for the protection of unique areas of music and creative works. They include; public performance; which caters for the compensation of copyright holders, composers, and publishers for every time their songs get performed publicly.⁸ Either at bars, on the radio, or television and mechanical license; which accommodates for the compensation of composers and record labels for the reproduction and distribution of their musical works either through physical copies like CDs or digital downloads. This license is also obtained when Artists and record labels cover songs or distribute music in various formats.⁹

3. Trademarks:

Through the registration of Trademarks, musicians protect their brands, sell merchandize, engage with fans, and most importantly, prevent unauthorized use. Organizations such as the African Continental Free Trade Area (AFCFTA) and African Regional Intellectual Property Organization (ARIPO) also go about the promotion of growth through trademarks so as to cater for more of African music novelty and globalization.

Policy Recommendations and Proposal

1. Strengthening of Copyright Laws

Copyright laws and the African music industry cannot be separated from each other. Therefore, effective protection and enforcement of copyright laws are imperative for the protection of the same. This is easily achieved when there is adequate funding, personnel, and effective equipment for the monitoring and enforcing of such laws. In South Africa for example, the South African Music Performance Rights Association (SAMPRA) launched a development fund which aims at promoting the value of South African recorded music while providing SAMPRA members with strategic opportunities to stimulate growth, development, and sustainability.¹⁰

2. Awareness and Education

Many Nigerians are unaware of IPRs or how to utilize them. Therefore, the duty rests on government and IP organizations to ensure that public awareness campaigns be duly implemented and propagated.

3. Fosterage of International cooperation

African countries should collaborate with international organizations such as; WIPO and CISAC to facilitate music exports, protection, and globalization. For emphasis, The African Regional Intellectual Property Organization (ARIPO) carried out the Kampala Protocol in 2021 which provided a regional database for copyright and related rights, simplifying registration and strengthening enforcement across ARIPO’s 22 member states.¹¹

4. Promotion of fair compensation

This promotes a thriving music industry, leading to better music quality and global opportunities. This can be achieved through transparency, digital audits, and real-time royalty reporting, ensuring creators’ rights are safeguarded, as is encapsulated in the Nigerian Communications Commission (NCC).¹²

Conclusion

The synergy existing between the African music industry and Intellectual Property in the 21^st century remains one second to none. As more of the industry continues to blossom with creativity and immense innovation, it remains expedient the fact that through the embracing of IPRs, both African artists and the continent get opened to the unlocking of new opportunities and building of sustainable growth/career paths in the music sector. The vast IP prowess has the capacity to help the African continent reach a premium feet in the music industry. We must therefore act now and embrace more of it.

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About Author

Chikezie Joseph Kambai is a Civil Law student at the Prestigious Ahmadu Bello University Zaria. He is a prolific researcher, legal writer, social change activist, and IP enthusiast. His interests in the legal space includes (but are not limited to) Humanitarian Law, Entertainment Law, Sports Law, IP, Artificial Intelligence and Commercial Law. He can be contacted via the following media: LinkedIn: here Phone Number: 09028746000 Instagram: here

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