CHAPTER TWENTY-ONE MUSIC LAW AND THE IMPACT OF INTELLECTUAL PROPERTY RIGHTS ON THE MUSIC INDUSTRY

Tochukwu Onyiuke

Abstract


Artistic work like a written paper, musical note, a song or piece of music etc., are products of the intellect and therefore referred to as intellectual properties. Intellectual properties, as a consequence of their intangible nature, are more susceptible to theft and illegal acquisition. Essentially, creators of musical works need some form of right and protection to prevent unauthorized persons from illegally acquiring their intellectual assets and this is frequently referred to as Intellectual Property Rights. To a fair extent, copyright law has been developed and established in Nigeria. Nonetheless, the strategies that have been installed to ensure its effective implementation and the opportunities provided for the copyright owners to maximize their rights are in question. The main objective of this article is to explain the basic concept of Intellectual Property as a form of protection for intellectual property-owners which invariably will encourage the spirit of creativity and productivity in the music industry; it also looks at the philosophical structure in which music law and intellectual property rights coalesce in Nigeria's music industry today to enhance the protection which the law purports to afford the owners or authors of copyrighted works in the music industry and touches on case law and empirical studies on this subject done by different authors in the past. Finally, the article gives an overview of the activities of the Nigerian Copyright Commission and submit recommendations for an effective administration of copyright laws in Nigeria.

 

Keywords: Music Industry; Intellectual Property; Copyright.


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