April 2018

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Pro Bono
- By Kikelola Ojewale
Music Publishing:
The New Wave
Kike Ojewale is an Associate at Adepetun, Caxton-Martins, Agbor & Segun (ACAS-Law), a top
Law firm in Nigeria, offering a wide range of services. In this piece, she shares some insight on
how best artistes can benefit from music publishing, but from a legal perspective.
Key Points To Look Out For In A Publishing Agreement
Again, never sign a publishing agreement without the advice of a lawyer.
On a practical scale, the best way to engage a publisher as an artiste, is to
ensure you create a good body of work that is actually attractive to the
publisher. Anything less than attractive puts more risk on the publisher.
The main points to look out for in a publishing agreement are;
1. The term of the agreement. The term of the agreement is the length
of the agreement. Most publishers would either insist on a specific
term or until a specific number of songs have been delivered.
2. The territory. Would the agreement cover Nigeria or would it be a
worldwide deal? A worldwide territory allows a publisher to maximise
its earnings as a wider territory is being covered.
3. The scope and the composition. Agreements should be specific on
the songs which form part of the publishing deal.
4. The ownership. This is one of the most important terms in a
publishing deal. In most publishing agreements, a publisher would
aim to own 100% of the copyright. However, it is important for an
artiste to insist on 100% ownership or at the very least, a 50/50 split.
5. Administration. This grants publishers the right to exploit and
control that composition. This also allows publishers to collect
monies from rights granted to third parties. Industry practice is
about 10-15% depending on the bargaining power of the artiste.
Securing Your Rights As A Music Artiste
This is mainly contractual and such rights must be negotiated based on
the advice of a lawyer. An artiste can take legal actions if there is a breach
of any of the terms of the agreement. Such options for legal action should
be defined clearly in the agreement. For example, the parties can agree
to resolve any issues within thirty days of the notice of said issue. In the
event that the matter is not resolved within the stipulated thirty days, the
agreement can be terminated or the matter may be referred to court or
other alternative dispute resolutions such as arbitration or mediation.
Terminating Contracts
This should not be overlooked in an agreement. It is advisable to ensure
that any of the parties cannot terminate the agreement without notice or
cause. In the event that the agreement does not state that reasons must
be given for termination, it should include a notice period at least. A welldrafted
agreement should have an exit clause for both parties to give the
parties an opportunity to seek other options or exit the relationship.
Handling Piracy
In an industry such as ours, we need to take more drastic measures in
tackling the issue of piracy. It would appear that the existence of online
platforms where direct downloads are restricted - sometimes for a fee
- has restricted piracy to a certain extent. If there is a restriction on the
methods in which music is distributed, this could contribute largely to the
fight against piracy.
The Future of Music Publishing in Nigeria
There has been an increase in the number of publishing companies being
established in Nigeria. It appears that these companies are educating
themselves on publishing and applying that knowledge to the industry
here in Nigeria. The recently established Music Publishers Association
of Nigeria (MPAN) is also a step in the right direction. Members or the
entertainment industry must be educated and fully informed of their
rights with respect to publishing and copyright as a whole. It appears to
be a very slow process but there is certainly hope for the future.
- By Kikelola Ojewale
The Association between Law and Music Publishing
“
The best way to
engage a
publisher as an
artiste, is to ensure
you create a good
body of work
that is actually
attractive to the
publisher.
“
Publishing is a new and developing segment of the music industry in Nigeria. It is essentially
the monetisation of your copyright. Copyright grants the creator of an original work
exclusive rights for its use and distribution. The relationship between a music publisher
and an artiste is crystallised in a publishing agreement which is executed by all parties
involved. Although we do not have specific laws that govern music publishing in Nigeria, the
fundamentals can be found within our copyright laws.
The general issue in Nigeria is the basic understanding of what music publishing entails. There
are a number of “publishers” who establish companies without the basic knowledge of
publishing or how the administrative angle of publishing works. Also, some artistes are yet to
grasp the concept of publishing and as such are not totally aware of their rights. Most times,
artistes unknowingly sign away all of their rights to the benefit of the record or publishing
companies. It is advisable to engage the services of a lawyer when negotiating a publishing
deal.
The Importance of a Lawyer When Signing a Contract
It is extremely important to engage the services of a lawyer when negotiating a publishing
deal and drafting a publishing contract. We have worked with a number of artistes who have
regrettably signed deals that have not been favourable to them. Unfortunately, some artistes
with an incredible catalogue of music, have lost potentially, millions of dollars to unclaimed
publishing rights.
Need legal advice? Send in your questions. See page 33.
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