Analysis of Copyright in Digital Music: Implications for New Media Licensing for Ringtones under the Nigerian Copyright Act

Description

ABSTRACT

Analysis of Copyright in Digital Music: Implications for New Media Licensing for Ringtones under the Nigerian Copyright Act

Professor Adebambo Adewopo*

Not many changes in Intellectual Property (IP) landscape, particularly copyright law have been as transformative as the proliferation of digital technology on creative content with music as the most predominant. The creative and commercial value of digital content has brought remarkable changes to the nature and scope of protection of copyright law in many jurisdictions. In recent discussions, ringtone service, foremost in the digital media for delivery of music, has presented one of the most topical and recondite subjects of debate in the intersection of copyright, entertainment, media and telecommunications law and practice. With particular reference to ringtones, the debate has brought into focus the legal ramifications of delivery of e-music not only as part of the value added services but also as one of the most important services for customers and a major revenue generator in the telecommunication industry. This article interrogates the far-reaching implications of digital exploitation of music as a major copyright work under the Nigerian Copyright Act; deconstructs the framework of copyright protection of digital music featured in the value added ringtone services that has become the flagship of today’s consumer society; examines the application of standard copyright rules relating to qualification, use and/or infringements of copyright works to digital music in ringtones and examines the framework of rights in music and its relation with collective management in the digital media. The article brings insights that should normatively shape the practice of new media licensing in Nigeria. On a wider scale, the article presents a subject of great interest to entertainment and telecom industries particularly music, audio-visual and other copyright owners and managers, telecom operators, content providers and aggregators, pay TV networks, app developers, mobile device operators, regulators, copyright lawyers as well as judges responsible for adjudicating IP matters alike.

INTRODUCTION
At no other time in the global history of music as a cultural intellectual property asset has a vast catalogue of music been made available to consumers than with the advanced digital technologies of the current Internet era. The sheer diversity and ubiquity of available music in various digital formats and platforms has not only created significant opportunities for music creators and consumers but also raised significant questions with far reaching legal, economic and technological implications for the variety of interests in the production and dissemination of music and on the licensing of music rights. Digital technology has dramatically changed the framework and balance of rights in music under traditional copyright law. Copyright framework, which traditionally
provides the legal mechanism for the regulation and balance between the protection of right owners and access to content, is at the core of music licensing. Since the full advent of digital technology, music industry has continued to face one of the most challenging periods with respect to copyright law and digital music. From music downloads, streaming and digital broadcasting, digital platforms have continued to expand and grow inexorably in the new multiple ways in which music is offered and used thereby presenting new copyright issues. Digital platform for distribution of music presents one of the most contested aspects of copyright law in the digital environment.

* Professor, Nigerian Institute of Advanced Legal Studies and Partner, L&A Legal Consultants