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Rights of Record Manufacturers
In Nigeria, record manufacturers cannot prohibit
broadcasting of their records, but only have the
right to receive a royalty from the broadcasters.
The rate of these royalties is prescribed by the
Nigerian Copyright Commission.
However, this right to receive a royalty in
respect of the work is not a definite one as
the copyright in a sound recording of a musical
work belongs to the recording artist. The
record manufacturer may receive royalty only
if there exists a contract with the recording
artist that assigns the copyright to the record
manufacturer or allows it to receive royalties.
When a country joins the Rome Convention,
the WTO (TRIPS Agreement) or the WIPO
Performances and Phonograms Treaty, it may
make reservations so that broadcasters in
that country do not have an obligation to pay
any royalties to record manufacturers.
Broadcasters enjoy exclusive rights in their
wireless communication signal such as the
right to rebroadcast it, to fix the signal, or to
reproduce any fixation of it even if it was made
without the broadcaster’s consent.
In Nigeria, broadcasting organizations have the
right to authorize or prohibit the on-demand
transmission of fixations of their broadcasts to
individual subscribers and the granting to the
public of access to fixations of their broadcasts
incorporated in computer databases via an
on-line network. However, cable operators still
have the ability to re-transmit broadcasters’
signals by cable without authorization or
payment.
Currently, Internet audio and video streaming
is not expressly included in the definition of
broadcast in Nigeria.
The right given to broadcasters is separate
from the copyright in the films, music and
other material that is transmitted.
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In Nigeria, the broadcaster of a television
communication signal has the exclusive right
to authorize or prohibit communication to the
public, for example, to perform it in a place open
to the public on payment of an entrance fee.
The exercise of related rights leaves intact,
and in no way affects, the underlying copyright
protection, if any, in the works being performed,
recorded or broadcast on the Internet.
Copyright
and
Related
Rights
Protection for Music
A business may use music for various reasons
to attract customers, create a positive effect
on customer behavior, or for the benefit of
its employees. This may help the business to
obtain a competitive edge over its competitors,
provide a better working environment for its
employees, help establish a core of faithful
customers, and even enhance people’s
perception of its brand or the company as a
whole.
The licensed public performance or use of music
is paid for by major television networks, local
television and radio stations, cable and satellite
networks and systems, public broadcasters,
Internet websites, colleges and universities,
night clubs, restaurants, background music
services, fitness and health clubs, hotels, trade
shows, concert presenters, shopping centers,
amusement parks, airlines, and music users in
a wide variety of other industries, including the
telephone industry (ring tones).
Copyright and related rights protection for
music often involves layers of rights and a range
of rights owners/administrators, including
lyricists, composers, publishers of the scores,
record companies, broadcasters, website
owners, and copyright collecting societies.
If the music and lyrics are composed by two
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different people then the song will be treated
as consisting of two works – a musical work
and a literary work. However, in most cases
a license can be obtained from one collective
management organization (CMO; see page 38)
for the broadcasting of the entire song.
The music publishing rights include the right
to record, the right to perform, the right to
duplicate, and the right to include the work
in a new or different work, sometimes called
a derivative work. To facilitate commercial
exploitation, most songwriters generally
prefer to transfer the publishing rights to an
entity identified as “the publisher,” pursuant
to a music publishing agreement, that assigns
the copyright or the right to administer the
copyright to the publisher.
Among the many types of rights tied to works
of music are performance rights, print rights,
mechanical rights, and synchronization rights.
These are briefly explained below:
The public performance right is generally
the most lucrative source of income for
songwriters.
Fela Kuti performed publicly for his audience
every week at his Africa Shrine.
The right to print and sell single song and
multiple songs or copies of sheet music of
musical compositions is the print right, which
is licensed by the publisher.
A mechanical right refers to the right to
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