What you should do when someone infringes on your copyright
There’s a popular Latin maxin in law
“Vigilantibus Non Dormientibus Jura
Subveniunt” which means “The law assists only those who are vigilant, and not those who sleep over their rights.”
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Music copyright infringement is a significant issue in Nigeria, this is coupled with the fact that there had been been no or few legal actions taken against the perpetrator, thus the menace as outgrown the legal remedies and this is because a lot of person probably Dont know their right or have chosen to overlook or sleep on their right. The most popular precedent on copyright infringement in Nigeria are the case of Chocolate City Vs. Brymo. In this case, the court ruled in favor of Chocolate City, stating that Brymo’s album release without authorization was a violation of copyright law. Another notable case is the case of MTN Nigeria Vs. COSON, where the court ruled that MTN must pay royalties to COSON for the use of copyrighted materials in its ringtones.
The Copyright Act of 2023 is the the primary law governing copyright protection in Nigeria.
Copyright Protection law provides a framework for the protection of intellectual property rights, including music copyrights. The law allows for the registration of copyrights and provides legal remedies for infringement, including injunctions, damages, and criminal sanctions.
What is copyright infringement?
Music copyright infringement occurs when someone uses music without the permission of the copyright owner. This can include unauthorized reproductions, performances, or distributions of copyrighted material. Copyright infringement is a civil and criminal offense in Nigeria, and it can lead to significant financial penalties or imprisonment.
A few days ago, I was a colleague and I was expressing my displeasure with Nigeria entertainment industry especially the gospel and juju sectors because only in Nigeria will an artist enter the studio record a song belonging to another artist release it, sells it, and make money with it. (Some now use the English Mixtape) 😂😂😂🤣🤣
That can never happen in another country. And the effect of this is that our Originality is becoming a myth and legend. Or should I say a lot of Nigerians Dont know their right while others as chosen to overlook a lot of these anomalies
the consequence of which is the Latin Maxim “Vigilantibus Non Dormientibus Jura
Subveniunt” meaning The law assists only those who are vigilant, and not those who sleep over their rights.
Just recently I also saw a video on Facebook of a gospel artiste crying and wailing that her colleague used her song without permission and blah blah blah
So I said to myself ‘IF WHAT SHE IS SAYING IS THE TRUTH’ then
What is this woman doing to herself? If what you are saying is the truth
Why haven’t you consulted your legal team? (most don’t even have)
While others don’t Dont know and others Dont know how to go about it
Thus I will discuss some procedural steps on what to do when discover that your music has been used without your permission, you may have grounds for a copyright infringement claim. Here are the steps to take:
CAVEAT:: This is not a legal advice. You should seek your lawyer for guidance.
1. You Need enough Evidence: Evidence is the bedrock of any legal battle so Gather as much evidence as possible to prove that the infringement has occurred. This could include recordings of the infringing material, screenshots, and any correspondence between you and the alleged infringer.
2. Try and reach out to the infringer: it’s important to exhaust every available alternative before approaching the court. so Reach out to the person or entity responsible for the infringement and inform them that they are using your copyrighted material without permission. Ask them to remove the material, cease using it, and provide you with any relevant information about their use of your music.
3. Prepare a Cease and Desist Letter: If the infringer does not respond or refuses to remove the material, you may want to consider sending a cease and desist letter. This is a formal letter that demands the infringer to stop using your music and provides a warning of legal consequences if they do not comply.
4. Take Legal Action: If the infringer continues to use your music despite your efforts to stop them, you may need to take legal action. This could involve filing a lawsuit, seeking an injunction, or pursuing damages for any financial harm caused by the infringement.
In conclusion , it’s essential to protect your intellectual property rights as a musician. Because if you Dont nobody will do so for you. If you suspect that your music has been infringed upon, take swift action to protect your rights and seek legal advice if necessary
