Sinach’s Way Maker and the Copyright Laws of Nigeria
In Nigeria, when a person, known as an ‘author’ creates an original piece of work – music, book, picture, film and so on, they are automatically conferred with copyright to that work.
Copyright is the exclusive right granted to the maker of a work of art, to control some acts in relation to the work. Control will include distribution, reproduction, recording, or making copies of the work.
While a creative work does not have to be registered to enjoy Copyright, it is advisable that it is registered to enable it enjoy protection under the law.
The Nigerian creative industry has suffered in the past from piracy, when the sale of physical copies of created works was the main source of revenue for artists and creatives. Ignorance of the law, concerning protection of the intellectual property was and is still largely responsible for this.
With the advent of technological advancement, artists have found other streams of revenue apart from the sale of physical copies of their CDs or DVDs – merchandising is one of the huge ways artists now make money.
Musicians especially have finessed the art of creating merch for their fans. By scribbling lines from their songs, putting their album art, logos or designs on a shirt or other article of clothing, a merch becomes part of an artist’s brand and identity. A way to seal a bond with their fans and also to make money.
A branded merch by an artist falls under a copyright. Because it is an extension of an original piece of work created by the individual.
While merch production is not that very popular in Nigeria, it is not uncommon. Therefore when an artist’s work is branded on a shirt, cap, bag, whatever else without the express consent of said person, it amounts to an infringement of their copyright.
While a copyright is largely territorial, that is, it is limited to the physical location or territory in which it has been created, there are agreements between countries, treaties, that bind countries to a common copyright law. If a copyright exists in one country, it will apply in another country, if both countries are signed to that treaty.
There is the Berne Convention that 177 countries are signed to, so chances are that if a work of art has a copyright in Country A, it is also most likely protected in Country B.
An artist that may be having such rights infringed upon is Sinach. Sinach is a Nigerian gospel artist, popular for such songs like Great Are You Lord, Way Maker, I Know Who I Am and others.
Shirts with lyrics of her very popular Way Maker song have appeared on several online stores, with prices ranging from $20 – $30. There are also other products like journals and cups that bear her lyrics.
Most of these websites are foreign sites, and under the Berne Convention, to which Nigeria and the United States are signed, this amounts to an infringement of Sinach’s copyright to her song.
Sinach has the exclusive right to reproduce, distribute, copy, reprint her work. Any other person carrying out such acts without her express consent is undertaking an illegal action, for which Sinach can seek redress in a court of law.
She can seek an injunction to prevent the continued infraction of her right. An injunction compels the wrong party to stop the infringing act. Sinach can also sue for damages for the financial gain that these people have gotten at her expense.
Many artists don’t know their rights under the law, and this has made them easy mark for people looking to make money off them. Their rights are protected and should be protected.
