Poor rights management is slowing the growth of the Nigerian music industry as it prevents artists from reaping the fruit of their labour.
Stakeholders say lack of knowledge, broken systems, and poor enforcement of laws are enabling the situation, casting shadow over the industry’s reward system.
Industry analysts say there are seven different royalties that an artist’s song is supposed to generate. However, lack of proper knowledge means much of the song’s revenue is moved to the royalty black box after a period of time before being distributed among top stakeholders.
Royalty collection: A broken system
Organisations responsible for collecting and distributing royalties, called collective management organizations (CMOs), face serious challenges in Nigeria. CMOs, like the Copyright Society of Nigeria (COSON) and the Musical Copyright Society of Nigeria (MCSN), are tasked with the role of collecting and distributing royalties, but their effectiveness is often undermined by issues such as a lack of transparency, jurisdictional disputes, and limited capacity to track music usage.
Shorinola AdeKunle from Durozy International explained, “We have many CMOs, but their processes are not clear or efficient. Artists don’t trust that they will get paid correctly.”
Bizzle Osikoya from Plug Entertainment echoed this, saying, “A lot of publishing companies and artists in Nigeria don’t work with CMOs for this reason. They’ve opted out of working with them. For things to get better, we need to actually have the right people in place with the right technology and also support from the government to be able to ensure that these monies are being collected from the various places, and that will help the industry properly.”
AdeKunle noted that many artists are forced to rely on live shows and brand deals instead of royalties, noting that ignorance adds to the problem.
He said many artists and songwriters don’t know how to register their work or understand their rights, as some sign deals without guidance, losing control of their music.
One of the bigger challenges is data and documentation. AdeKunle said that without accurate metadata to determine who owns what percentage of a song, it will be hard to track usage and pay the right people.
Experts say a lot of songs in Nigeria are published without proper split sheets or registration, noting that even if a song is being used commercially or in public places, it may be difficult to assign and distribute earnings.
Performance rights are a major example of the kind of rights ignored by most artists and songwriters. According to reports, many artists locally and globally don’t know they have to performance rights and must register their songs with performance rights organisations (PRO) to reap their rights.
The PROs enable artists to list the songwriters and the percentage that each songwriter contributes to a song. Their ‘songwriters’ split sheet’ identifies each songwriter and the appropriate percentage that they contribute to the song.
Whenever a song is performed publicly, the PROs collect money from the bars and nightclubs, among others, and then pay the songwriters their share of the publishing based on the splits that artists provided them with.
Digital challenges
Digital platforms bring Nigerian music to global audiences, but tracking earnings remains difficult. AdeKunle said, “Without good data on who owns the music, it’s hard to pay the right people.”
According to Osikoya, earlier quoted, “A central database for music rights would help track everything better.” He called for user-friendly platforms to register music codes like the International Standard Recording Code (ISRC) and the International Standard Musical Work Code (ISWC). These codes help identify songs and ensure proper payment, he said.
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Legal framework: Updated yet ineffective
On April 1, 2023, President Muhammadu Buhari signed the Copyright Act of 2022 into law. The new law updates Nigeria’s copyright framework, introducing changes like revised exceptions to copyright infringement. However, stakeholders argue that weak enforcement renders these reforms ineffective.
Osikoya said, “The government doesn’t take music that seriously. However, with the new administration, we’re starting to see things being put in place gradually, but I believe it can still be way better. If the copyright society takes a little more time to be more serious with helping and taking care of the rights of the artists, then things will be a little better.”
Earlier this month, the Nigerian Copyright Commission had urged DJs to stop performing other people’s music publicly without licenses or owners’ authorisation. The statement said that if any DJ is found guilty, they will pay a N1 million fine or do a five-year jail term.
Lack of awareness among artists
Many Nigerian artists don’t understand their rights. According tio AdeKunle, “A lot of artists don’t know they need to register their works or what publishing rights mean.”
Osikoya agreed, noting, “Artists and songwriters in Nigeria still don’t fully understand copyright.”
This ignorance leads to loss of earnings and poor decisions. Artists upload songs without registering them, missing out on royalties. Companies like Durozy International and Plug Entertainment work to educate artists, but the problem persists across the industry.
Solutions and reforms
Experts propose several solutions. AdeKunle called for CMOs to use better technology and share clear reports. “We need to digitise rights data and ensure creators see where their money comes from,” he said. He also wants music rights treated like assets, such as land or stocks, to help artists build wealth.
Osikoya stressed the need for skilled people and government backing. “We need the right people in place with the right technology and support from the government,” he said.
