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IAA Journal of Communication 3(1):155-172 ISSN: 2636-7262 ©IAAJOURNALS
Promoting Disc Jockey (DJ) Business within the Bound of Media Ethics and Law in Nigeria Stephen Nwanchor Elem Department of Mass Communication Ebonyi State University, Abakaliki, Nigeria. ABSTRACT Copyrights infringement is a common feature globally. In the music industry, the case appears to be uncontrollable. Disk Jockeys (DJs) practitioners in Nigeria play music composed and released by the Artists they may have never come in contact with. They do this without permission from the original owners of such music. It is often done without knowing the legal implications. This study explores the legal implications of copyrights infringement for those in the music industry, especially the Nigerian DJs to understand the implications of copyrights infringement. Keywords: Disc Jockey, business, media, law and Nigeria. INTRODUCTION The greatest resource and bedrock of efficient, stable and properly regulated every civilization is its creativity, sector on behalf of the companies that are innovation and invention. All these boost into the business [2]. However, the Nigeria the economy of a nation. Creativity of a Copyright law supersedes all other rules nation, Nigeria inclusive, is covered by and regulations which we sometimes refer the copyright Law. The goal of copyright to as laws governing the practice of DJ protection is to encourage dissemination business in Nigeria. Hence, Dj business is of information, provide employment and controlled by the Copyright Act enforced economic benefit to the owner, and by the Nigerian Copyright Commission reserve the ownership of the right in it to (NCC) who monitors the legality of the the creator of the work. But this right has actions of the DJ stars in Nigeria. In the been constantly bastardised and infringed light of this the paper examines the upon by unauthorized acts of Nigerian copyright law in relation to the reproduction and distribution on a protection of musical works and sound commercial scale, called piracy [1]. Disc recording which are the exclusive rights Jockey like every other business has law granted to copyright owners and its governing the conduct of the artists in the infringement; types and causes of industry. Every Industry be it oil, infringement and then makes some telecoms, information technology, recommendations for the DJ industry to banking and the host of others are eradicate copyright infringement by governed by Laws, providing room for an Nigerian DJ Stars. BACKGROUND OF THE STUDY Copyright law has a long history. The Columcille return the copied work to him. history of copyright law cannot be Columcille pleaded in defence that the complete without the mention of the copy made from the original copy did not Statute of Anne. This was the first take anything away from the original copy copyright legislation. The Declaration by and hence no wrong could have been King Diarmund while passing judgment in done. In making his decision, King respect of the dispute between Finnanin Diarmund declared that “to every cow her and Columcille in the 6th century in calf; and to every book its copy” [4]. This Ireland is said to have ushered copyright declaration set in motion the principles into the world [3], The issue that led to that protect works of creativity and the declaration was that Finnanin accused established that creative works should be Columcille of copying his bible without covered by copyright law. This same his permission and requested that principle has provided guidance in the
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Elem www.iaajournals.org development of copyright through the researcher undertakes to explore how the ages even to this present day [5]. It is Nigerian DJs can operate in the ways and against this background that the manners that respect the law.
STATEMENT OF THE PROBLEM Infringement on copyright laws in Nigeria provide the DJ stars in Nigeria and those has become a common feature. Literary willing to come into the profession with works, musical and artistic creations are information on copyright laws in Nigeria in many occasions used in public places and prepare our DJs to practice within the for entertainment without the approval of bound of law. the original owner. This prevents the Objective owner of such works from getting The main objective of this paper is to maximum financial benefits from the explore how the DJs in Nigeria can protect energy, time and creative investments in themselves against copyright laws. the production of the work. At present, Research Questions the government of Nigeria has risen to the 1. How does the copyright law affect the challenge by embarking on a drive to performance of Nigerian DJs in live catch and prosecute all those involved in shows? copyright infringement including DJs. The 2. How can the Nigerian DJ guide against problem of this study therefore is to becoming a victim of copyright laws?
JUSTIFICATION FOR THE STUDY This is a study whose time has come. In financial rights creators have over their an age where the world is fast going works”. The New International Webster’s digital and permitting online access to all Comprehensive Dictionary of the English kinds of music, there is the possibility of Language (2010, p.228) defines copyright DJ practitioners getting the music for as “the exclusive statutory right of public show from the internet without the authors, composers, playwrights, artists, permission of the original author or publishers, or distributors to publish and creator of such music. Even before the dispose of their works for a limited time”. age of internet, it was common to see DJs Clarification of Conceptual and playing the music of other artists without Theoretical Issues permission of any form from the original Who is a DJ? owner of such music. This action There are several types of disc jockey. infringes upon intellectual property laws Radio DJs or radio personalities introduce that protect novelty ideas and the original and play music that is broadcast on creation of artists. The use of such Amplified Modulation (AM)Frequency material protected by copyright law put a Modulation (FM), digital or Internet radio DJ in a legal battle that can results in a stations. Club DJs select and play music heavy fine against the DJ or imprisonment in bars, nightclubs or discothèques, or at as the case may be. This is why it has parties, raves, or even in stadiums (Anon, become imperative to undertake this n.d). What a Disc Jockey (DJ) actually is study at this time when the and what he does is important to us in implementation of copyright laws in order to know the limit we can go to avoid Nigeria is gaining momentum. encroaching on other artists fields unless Copyright is a bundle of exclusive rights one considers it necessary to shift that are granted to the rights holder for a ground. It is all the more necessary if you limited period of time to authorize or take into account all the myths and prohibit the use of his works subject to delusions surrounding the craft of the certain exceptions and limitations. person behind the deck. Copyright protection is granted to DJ is a person who plays recorded music original expressions of ideas that have for other people. That‟s it, no more and been reduced to tangible formats. [6] no less. We can see from this definition opined that “Copyright is the moral and that it doesn‟t say that DJs necessarily
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Elem www.iaajournals.org make music, that they can scratch, or that variety of music styles that they have to a true DJ must play vinyl. Actually, most play during a set. As far as the talking of the myths surrounding the DJ‟s goes, it's pretty much limited to profession have to do with the fourth occasional announcements and shout outs word in this definition: “plays.” More (Anon, n.d) often than not, people think that a DJ Finally, we have the club DJs. Club DJs plays music just like a pianist or a play at night clubs. Surrounded by violinist does, whereas in reality he or she massive hype, club DJing is arguably the “simply” plays tracks made by (usually) most glamorous category of DJing that other people. exists. Tracks played at a typical club Of course, you can play records for your party normally belong to a narrow sub- audience in different ways. You can be genre of dance music (like hard house, simply kicking one tune in after the other uplifting trance, nu-disco etc.), and so it's one has ended. But you can also be not unusual for a club DJ to "specialize" in adding sound effects, doing smooth a particular genre and position transitions between the records so there themselves accordingly. Such are no gaps, mixing two or more tracks or, specialization, incidentally, allows for finally, scratching. The end result may be more freedom in manipulating the tracks so different from what you hear on the played. In clubs, some aspects of such original records that it‟s appropriate to manipulation (like mixing) is a must refer to the turntables as a musical (Anon, n.d) instrument (like in turntablism). Still, the Of course, the division of DJs into the gist of what DJs do remains unchanged: three types listed above is not set in they play tracks (Anon, n.d). stone. A club DJ may have their own radio DJs exist in different forms. Talking about show, during which they spin dance types of Disc Jockeys, we have three main tracks on air just like they‟d do it in a types: radio DJs, mobile DJs and club DJs. club. And the mobile DJ that you‟ve seen As you would expect, there are certain today at your girlfriend‟s birthday party specifics to each type. may also be the resident DJ of one of the Radio DJs have to talk a lot. They take local pubs (Anon, n.d). listeners‟ calls, introduce traffic reports, Development of Copyright Law in share some celebrity gossip – all this, of Nigeria course, in addition to playing music on Nigeria‟s copyright history is deeply air. (The latter, incidentally, is more connected to that of the United Kingdom characteristic of dedicated radio shows. because of the colonial linkage. Nigeria‟s What you hear on the radio day in and copyright history can be traced from two day out comes mostly from the playlists perspectives. The first traces the history compiled by the station‟s programme to economic and political interests by the director weeks in advance. Radio DJs United Kingdom which could have been don‟t mess with the records‟ original linked to the growing dependence by sound and play “album,” or “radio” Nigerians on literary, artistic, musical and versions of tracks that are usually no other copyright related works originating more than 4 minutes long (Anon, n.d). from the west. [7]. During Britain‟s A DJ at a wedding, Mobile DJs, are the colonial rule over Nigeria which lasted for guys who you see spinning at weddings, 60 years, a new copyright legislation high school proms or Bar Mitzvahs. They replacing the Statute of Anne was passed often have their own sound equipment – and by virtue of the extension order in from mics to speakers to DJ decks – that council of 1912 of the English Copyright they bring in with them to the party. The Act of 1911, the English Copyright law type of events that these DJs have to play became applicable in the Southern makes having a vast collection of music Protectorate of Nigeria. The introduction of many genres a must (Anon, n.d) of the English Copyright Law to Nigeria Mobile DJs do manipulate the sound, but represents the first perspective. [8]. It is only to a certain extent because of the without contention however that the
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Elem www.iaajournals.org extension of the English Copyright Act of in 1960 until 1970 when the first 1911 to Nigeria in 1912 introduced into indigenous Copyright Act was Nigeria‟s legal system, a copyright legal promulgated. framework. The Copyright Act of 1970 was passed as The introduction of the English Copyright a decree on the 24th day of December in Act of 1911, (hereinafter referred to as CA 1970 under the then General Gowon led 1911) in Nigeria made very little impact military government of Nigeria. This was on the ordinary Nigerian‟s day to day life followed by the 1988 Copyright and this was probably due to cultural legislation which was passes and became differences between the people that a part of the Nigerian legal system. The originated the CA of 1911 and those to Act was promulgated under a military whom it was now being applied in Nigeria administration and was therefore passed [9]. “At the time of the enactment of the as a decree. The Act has been amended CA 1911, writing had become a way of life twice, firstly in 1992 and secondly in in the United Kingdom, expressing ideas 1999. In 2004, the laws were re-codified be they original or non-original in fixed under the laws of the federation of tangible forms had become the general Nigeria. mode of communication and constituted How Copyright Law works in Nigeria important elements in the „fixation and Copyrights generally relate to questions originality‟ requirements for what would of who has the right to Copy and control qualify as a copyright work” [10]. the distribution of original works. In Nigeria however, the predominant Copyrights protects a literary, musical, mode of communication at the time was dramatic, choreographic, pictorial or through verbal and non-written modes. graphic, audiovisual, or architectural Information was passed down from one work, or a sound recording, from being generation to the other verbally, that is reproduced without permission from the through word of mouth. Songs were copyright owner. [13]. Copyright is a legal composed and given life not by it‟s been system that protects the creative outputs written down but by it been sung. Many a of authors by granting them exclusive times, singers pick up their inspiration rights to control the use of their creations while performing and songs are delivered for a limited time, subject to certain extempore [11]. The audience is the only limitations, exceptions and statutory living evidence that the songs exist. licensing arrangements allowing use and Excluding sculptures and other artistic exploitation without the author‟s consent. works which were naturally expressed in Copyright is one of the two major heads fixed form, musical and dramatic works of the field known as Intellectual Property were expressed verbally and were rarely and Intellectual Property has been defined expressed as literary works [12]. by the World Intellectual Property Furthermore, the Nigerian tradition that Organisation (WIPO) as “creations of the favours communal ownership and mind: inventions, literary and artistic encourages the spirit of camaraderie and works, and symbols, names, images, and free sharing was at variance with the designs used in commerce”. Copyright individualistic and proprietary nature of covers literary, artistic, musical and the modern concepts of copyright. In the dramatic works. It also covers under a eyes of the ordinary person, the laws did copyright related right regime, broadcast, not exist and would have been regarded sound recording and cinematograph film as just another administrative process works [14]. introduced by the colonial masters. The Copyright as an emerging field of law is Act however provided the first legislative gradually assuming prominence in framework for Nigeria‟s administration of Nigeria. It is a term which has not lent a copyright system and provided the itself to a precise definition. Copyright is basis for further development of indeed erroneously perceived as being Copyright laws in Nigeria. This Act self-defining, meaning „the right to copy.‟ continued in force through independence The Copyright Act Cap C28 Laws of the
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Federation of Nigeria 2004 (the Act) reproduction of copyright works, like defines copyright as „copyright under this films, books, music, phonograms, Act.‟ This definition is imprecise, drawings, photographs, broadcasts and ambiguous and consequently begs the computer softwares. The worst hit question. It then means that one has to go industries by the acts of piracy are the through the entire gamut of the film and music industries [18] provisions of the Act to be able to arrive From the foregoing, copyright is an at a precise meaning of the term intangible personal right, vested in the copyright. However, a painstaking x-ray of author or originator of protectable work. the relevant provisions of the Act (ss. 6, 7 It confers exclusive right in relation to an and 8) offers the meaning of copyright as eligible work and has fixed duration. It is the exclusive right to do or authorise the a creation of statute. It subsists in doing of certain acts in relation, to the original literary, Musical and artistic work in which the right subsists. The works, films, sound recordings and court in Adenuga v Ilesanmi Press and broadcast. It is an abstract property Sons (Nig) Ltd (1991) held that Copyright incorporated in a physical property, is the exclusive right to control, to do or although the ownership of the latter need authorise the doing of any of the acts not necessarily be vested in the holder of restricted to the copyright owner. the former. It confers to the owners of the Copyright also means a property right in said works the exclusive right to copy, an original work of authorship (such as reproduce, publish, distribute, and adapt literary, musical, dramatic choreographic, the work in any material form and so on. pictorial, graphic, sculptural architectural However, these rights are subject to works; motion pictures and other exceptions as provided under the Act audiovisual works and sound recordings) (Second Schedule). It protects both fixed in any tangible medium of published and unpublished works. In expression, giving the holder the Nigeria, copyright is regulated by the exclusive right to reproduce, adapt, Copyright Act Cap C28 Laws of the distribute, perform and display the work Federation of Nigeria (LFN) 2004. Any [15]. person who performs the acts restricted Copyright law protects expression of to copyright owners without permission ideas and not the ideas themselves. It or licence is liable to copyright protects creative expression that has been infringement [19] reduced to a tangible form. Copyright is The right is protected to the extent that one among the intangible, incorporeal, laws and norms support it, and it is invisible and abstract proprietary rights threatened to the extent that technology granted by law to the author or originator makes it easy to copy. Strengthening the of a tangible corporeal, visible and real law while holding technology constant, object. In the words of [16], copyright, makes the right stronger. Proliferating apart from being a proprietary right, is a copying technology while holding the law means of empowerment and economic constant, makes the right weaker. In this sustenance of the owner for his or her sense, copyright has always been at war labour and skills expended in the creation with technology. Therefore, it is of the work. This is worthy of protection important that the law should be from undue appropriation from those Strengthened [20] who will want to reap where they did not Legal Issues Arising from Copyrights sow [17]. Protection The creative industries protected by Intellectual property was not always copyright law forms a very important part recognized as a single field of law. of Nigerian cultural and economic Historically, the fields of patent, development. They contribute greatly to copyright, and trademark developed national wealth. But these creative arts independently. In the late 20th century, have been ravaged by acts of piracy. however, legal experts began to recognize Copyright piracy is the unauthorized that these various fields of law had a
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Elem www.iaajournals.org great deal in common because they all and related digital technologies began to pertained to intangible products of the pose new problems for intellectual mind [21]. According to the authors, in all property owners. Unauthorized parties branches of intellectual property, the began using trademarks as domain names legal system seeks to balance two for Web sites, which made it difficult for competing concerns. On the one hand, consumers to find the trademark owner‟s protection must be strong enough to official Web site. Copyright owners found encourage authors and inventors to invest that their works, particularly music and the necessary effort in innovation. On the movies, could be perfectly duplicated by other hand, the law must also allow parties using file-sharing software. New people some freedom to use the devices were sold that made it possible to intellectual property of others [2]. This is defeat copy-control features, such as because artistic, technological, and those designed to prevent duplication of commercial progress always requires digital video discs (DVDs). Some nations building on the work of others. To strike of the world have attempted to respond to this balance, all branches of intellectual these developments by adopting several property law confer general rights on new laws protecting intellectual property. creators but also limit those rights with a These laws became controversial. On the variety of exceptions [8]. For example, in one hand, intellectual property owners patent law, a scientist may use someone claimed that the laws failed to provide else‟s invention to conduct experiments. full protection against unauthorized use Similarly, copyright law allows a literary of their property. On the other hand, critic to quote passages of a novel in a various consumer groups argued that the review [10]. Under trademark law, a laws interfered with the public‟s rights to company may use a competitor‟s brand engage in free speech and may also name in a comparative advertisement. In invade privacy all these ways, intellectual property law Exceptions to Copyright Protection tries to be flexible enough to protect the [13] noted that it is vital be aware that property rights of the creator while also there are some exceptions to copyright allowing the public to benefit from the protection. According to the authors, protected work. In the United States and every general rule there has an exception; other countries, intellectual property has the Copyright Act has stipulated gained increased protection with circumstances where someone may use or advances in technology and international appropriate another person‟s intellectual trade. However, some countries still property. Listed below according to [7] tolerate the widespread sale of are some of such circumstances as counterfeit versions of intellectual stipulated by the relevant provisions of property products, such as software, the copyright Act LFN 2004: movies on videotape, brand-name athletic Fair dealing for purposes of research, goods, and even patented medicines [14]. private use, criticism or review or the Violations of intellectual property rights reporting of current events, subject to the cost the owners of the rights billions of condition that, if the use is public, it shall dollars each year. These costs stem from be accompanied by an acknowledgment of lost royalties and sales in markets the title of the work and its authorship dominated by counterfeit products. In an except where the work is incidentally attempt to reverse this situation, most included in a broadcast; nations of the world signed the The inclusion in a film or a broadcast of Agreement on Trade Related Aspects of an artistic work situated in a place where Intellectual Property Rights (TRIPS) in it can be viewed by the public; 1994. Administered by the World Trade The reproduction and distribution of Organization (WTO), TRIPS strengthened copies of any artistic work permanently legal protection for intellectual property situated in a place where it can be viewed around the world. In the last years of the by the public; 20th century, the growth of the Internet
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The incidental inclusion of an artistic authority where the reproduction or any work in a film or broadcast; copies thereof are intended exclusively The inclusion in a collection of literary or for a lawful broadcast and are destroyed musical work which includes not more before the end of the period of six than two excerpts from the work, if the months immediately following the making collection bears a statement that it is of the reproduction or such longer period designed for educational use and includes as may be agreed between the an acknowledgment of the title and broadcasting authority and the owner of authorship of the work; the relevant part of the copyright in the The broadcasting of a work if the work. broadcast is approved by the The broadcasting of a work already broadcasting authority as an educational lawfully made accessible to the public broadcast; and subject (without prejudice to the Any use made of a work in an approved other provisions of this Schedule) to the educational institution for the educational condition that the owner of the purposes of that institution, subject to broadcasting right in the work shall the condition that, if a reproduction is receive a fair compensation determined, made for any such purpose it shall be in the absence of agreement, by the court; destroyed before the end of the News of the day publicly broadcast or prescribed period, or if there is no publicly communicated by any other prescribed period before the end of the means; period of twelve months after it was The communication to the public of a made: work, in a place where no admission fee is The making of a sound recording of a charged in respect of the communication, literary or musical work, and the by any club whose aim is not profit reproduction of such a sound recording making; by the maker or under licence from him, The making of not more than three where the copies thereof are intended for copies of a book (including a pamphlet, retail sale in Nigeria and the work has sheet or music, map, chart or plan) by or already been previously recorded under under the direction of the person in licence from the owner of the relevant charge of a public library for the use of part of the copyright whether in Nigeria the library if such a book is not available or abroad, subject to such conditions and for sale in Nigeria; to the payment of such compensation as The reproduction for the purpose of may be prescribed; research or private study of an The reading or recitation in public or in a unpublished literary or musical work kept broadcast by any person of any in a library, museum or other institutions reasonable extract from a published to which the public has access; literary work if accompanied by a Reproduction of published work in braille sufficient acknowledgment provided that for the exclusive use of the blind, and such reading or recitation is not for sound recordings made by institutions or commercial purpose; other establishments approved by the Any use made of a work by or under the government for the promotion of the direction or control of the Government, or welfare of other disabled persons for the by such public libraries, noncommercial exclusive use of such blind or disabled documentation centers and scientific or person. other institutions as may be prescribed, where the use is in the public interest, no There are several justifications or theories revenue is derived there from and no for implementing copyright law. These admission fee is charged for the include economic and cultural norm communication, if any, to the public of theories. Under the economic theory, the work so used; copyright protection aims to promote The reproduction of a work by or under creativity by rewarding the creative the direction or control of a broadcasting authors while ensuring that the users
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Elem www.iaajournals.org have access to the works referred to as neighboring or related [19].Furthermore, copyright prevents free rights. riding by third parties by providing an For a work to be eligible for copyright incentive to create. According to that under the act, sufficient effort must have theory, property rights in creative works been expended on the work to give it an are instruments that help in the original character and it must have been achievement of economically efficient fixed in a definite medium directly allocation of information goods [15]. The perceivable or perceivable with the aid of theory presupposes that authors need any device or machine. The fact that the incentive to create and the unauthorized making of a work involved some form of use of works will deter authors from copyright infringement would not alone creating. Copyright law is thus seen to constitute grounds for ineligibility [10]. exist to provide a marketable right for the Intellectual Property Right/Copyright creators and distributors of copyright The intellectual property right is an works which in turn creates an incentive umbrella term for various legal for production and dissemination of new entitlements, which attach to certain works. The question as to whether or not names, written and recorded media, and copyright protection stimulates inventions. It refers broadly to the production and distribution of knowledge creation of the human mind and it is is highly debatable especially in the assuming increasing importance in every digital era. There are scholars who believe facet of life today unlike what it used to that copyright protection impedes access be before the advent of modern science to knowledge in developing countries. and technology. There are two branches However, recent studies by the African of intellectual property, namely, Copyright and Access to Knowledge copyright and industrial property. indicate that there are several other Copyright deals primarily with literary, factors that contribute to the limited musical, and artistic creations while access to knowledge in developing industrial property right deals with countries [9]. patents, trademarks, and industrial The material to be copyrighted must be in designs [16]. Intellectual property is an a fixed form, anything that is not intangible form of property, as opposed recorded is not Copyrightable. Copyrights to personal property or real property, do not protect ideas, procedures, which is concrete and much more easily processes, and systems, methods of defined. It is the result of the creation of operation, concepts, principles, or the brain or the mind, which is then discoveries; thus a dance move cannot be manifested or interpreted in a form that copyrighted (because it is not fixed), has a physical dimension and possesses though a video of it could be [7]. exclusive property right [13]. Examples Works Eligible for Copyright under include images, symbols, names, designs, Nigeria Copyright Act. and literary and music works. Intellectual Works eligible for Copyright the world property broadly includes such areas as over are generally similar but there exist copyright, trademarks, patents, and some differences depending on the industrial designs. jurisdiction. Under the Nigerian Copyright [8] defined intellectual property as Act, six works are particularly mentioned “property from original thought protected as eligible for copyright. They are as by law: Original creative work manifested follows: literary, musical and artistic in a tangible form that can be legally works; cinematograph films, sound protected, example by a patent, recordings and broadcasts. The first three trademark or copyright”. [6] further noted works form the core of copyright while that intellectual property “is an intangible the last three, are bye products of the asset because it has no physical form; it is first three. They are the economic and a category of intangible right protecting commercial end of the first three and are commercially valuable works, products and services of the human intellect”. The
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Elem www.iaajournals.org area of law that deals with and oversees explosion of the business from the 2000 the creation of intellectual property till date. patents, copyrights, trademarks and trade In 1857, a man named Leon Scott secret laws, the protection of intellectual invented the phonoautograph, the first property rights; and the legal pursuit of device to record sound. He was followed those who infringe on another‟s right to shortly by Thomas Edison's phonogaphic his/her intellectual property is known as cylinder which first allowed for playback Intellectual Property Law. of recorded sounds. The first audio radio Historical Development of DJ Business broadcast came in 1906, and the first ever Disc Jockey business in the world disc-jockey took his place in history in developed in stages. The first stage came 1909. Ray Newby of California was only around 19th century and spanned over to 16 at the time, and he played records the 1940s. The second phase was between from a small transmitter while he was a 1950s to 1960s. This was followed by the student in college. By 1910, radio third phase which was between 1960s- broadcasting had become a normal, yet 70s. Then came the DJ of the 80s and the still exciting part of life. big time of 1990s before the final
Phonoautograph The Early Days: 19th Century - 1940's from the year 2000 till date, DJ business The term disc jockey was not coined until has continued to develop faster. the 1930's. The World's first DJ dance The Disco: 1950's - 1960's party was thrown by Jimmy Savile in In the 1950's, radio Djs would appear in 1943, who played jazz records for his person to host sock hops for kids all over guests. A few years later, Savile became the country. In Kingston, Jamaica, the first man to use turntables to keep the promoters calling themselves DJs would music in continuous play. The first throw giant dance parties in the streets, discoteque opened in Paris, Whiskey A Go- and Djs would blast their beats from huge Go, in 1947. Thereafter came the PA systems. Discoteques continued to development in the DJ world of 1980s. In spawn themselves throughout the United the 90s, DJ business had its big time and States and Europe. New equipment hit the market, such as the mixer, allowing Djs to
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Elem www.iaajournals.org have more control over their tunes. In samplers, and of course, a solid heavy 1969, a dj by the name of Francis Grasso baseline. began popularizing beat matching, In 1985, the Winter Music Conference seamlessly mixing his songs so the formed in Ft. Lauderdale, Florida, dancing never had to stop. But the becoming a mecca of sorts for djs of all popularity of Djs in clubs began to slump kinds and styles to come together and in the late sixties, and the party was compare techniques. To this day the moved to the streets. conference is a week of ongoing parties, The Streets: 1960's - 1970's culminating in the 2-day Ultra Music The boroughs of New York City became Festival held in Miami. It is always a the breeding ground for experimentation. fantastic show. In 1973, KoolHerc made a name for The Big Time: 1990's - Turn of the himself as the "father of hip-hop," laying Century down the jams for huge block-parties, By the early 90's, rave was the scene and mainly in the Bronx. It was KoolHerc who acid house was the dance music of choice. started mixing two identical records Acid house is quite like house music, but together, at the same time, extending the with a lot of emphasis on repetitive hooks parts of the records he thought had the and trance-like sounds. The popularity of best booty-shakin' beats. This technique the rave scene, especially in Europe, was called "break." brought djs into celebrity status. This was the time when turntablism really Digital music was expanding. CDs became grew became a fashionable. No longer quite popular in the 90's, which in turn were Djs simply picking out songs and led to the creation of the mp3 format. playing them. They were now artists and Internet radio found its start in this musicians of their own, manipulating decade as well. Electronic music began to songs to create new and exciting beats for bleed into other genres, and it became people to enjoy for hours. Bands were common place for rock bands to have formed who produced their music their own dj member. electronically from beginning to end, a In 1998, a programme called Final Scrath totally new concept. was released, which allowed djs to work Hip-hop and electronic music blended, with mp3 files on their turntables by bringing in the disco era of the 1970's. using special coded vynils. Although it These new dance clubs were pioneers in took some time for djs to adapt to the that they did away with live acts new technology, this jump would become completely, leaving DJs to do their thing a revolutionising moment for dance music all night. In 1975, a hip-hop DJ called lovers of all kinds. Grand Wizard Theodore accidentally What it Is: 2000's and Beyon A discovered the scratching technique, programme called Serato Scratch Live hit when a DJ manually moves the record up the stage in 2004, and has since become and down on the needle, warping the the standard for turntable Djs who want sound. to blend their vynil collection with their The Warehouse: 1980's extensive mp3s. In 2006, the programme In the early 80's, a club in Chicago called came out with its own mixer to make the The Warehouse opened up, and the DJs process even smoother. There is even a that spun there began to create a whole plug-in for the programme that allows Djs new sound. It was called house music, to manipulate music videos the same way after the club, and was disco-inspired and they work their records. But you don't heavily electronic. Resident dj was even need to work the old turntables Frankie Knuckles. House music remains anymore if you don't want to. Many djs today one of the biggest and brightest work their music by mp3 alone, with genres of electronic dance music. It special electronic tables that are worked usually keeps it simple with a 4/4 beat, and manuevured just like real records, and heavy use of drum machines and only there isn't anything on them.
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Dance music continues to evolve its for the inclusion of bilateral and sound. These days‟ house music Djs are multilateral agreements between Nigeria experimenting with different filters and and any other country; iii) enlighten and effects to create jarring, noisy dance inform the public on matters relating to beats. Mash-up is hitting the scene hard copyright ; iv) maintain an effective as well, in which a dj will mix two songs databank on authors and their works; v) together, the beat from one and the vocal be responsible for such other matters as track from another most often, to create a relate to copyright in Nigeria as the catchy new sound. And now, with DJ Hero Minister may from time to time direct hitting shelves of game stores [17]. everywhere, it seems the world of Djs will never stop growing. Goal and Effect of Copyright Protection Nigerian Copyright Commission The modern concept of copyright law The 1999 amendment to the Copyright postulates that the primary purpose of Act amongst other things established a copyright is to promote the public welfare body responsible for all matters affecting by the advancement of knowledge, with copyright in Nigeria known as the the specific intent to encourage the Nigerian Copyright Commission. Although production and distribution of new works the Nigerian Copyright Act was passed in for the public; it provides incentive for 1988, it was not until August 1989 that creators by granting them exclusive rights the Nigerian Copyright Council was to reproduce and distribute their works. established by virtue of Decree No.47 of [1]. Copyright protection is not intended 1988 and in 1996 government approved to inhibit the free flow of information and that it become the Nigerian Copyright ideas. As observed by the United States Commission. The 1999 Amendment to the District Court in Gero v Seven-up Act gave legislative effect to Company, the goal of copyright government‟s earlier approval. The protection is to encourage dissemination Nigerian Copyright Council then was only of ideas by protecting the embodiment or saddled with copyright administrative expression of an idea in a creative work responsibilities but with the amendments and reserving the right in it to the creator to the Act, its mandate was extended to of the work. What is being advanced here cover enforcement and it became a full- is the optimization of economic benefit of fledged enforcement agency with copyright without prejudicing the owners‟ perpetual succession. The Commission proprietary interest in his work. In the was given certain powers such as powers words of [5], copyright, apart from being to grant compulsory licenses, approval of a proprietary right, is a means of organisations desirous of operating as employment and economic sustenance of collecting societies, powers to make the owner. He states further, that a regulations subject to the approval of the creator of copyright work expends some Minister and powers to appoint copyright labour and skill in his creation. This is inspector inclusive of all police powers. worthy or worth of protecting from undue The combined effect of these provisions appropriation by those who would like to upgraded the status of the Commission reap from where they did not sow As from an administrative agency to an rightly noted in Oladipo Yemitan v Daily enforcement agency [12]. Times & Gbenga Odunsanya (1980), the In addition to the responsibility provided function of copyright law is to protect in Section 34 (3)a, that is, to administer from annexation by other people the all matters affecting copyright in Nigeria, fruits of another‟s work, labour, skill or Section 34 (3) b-f of the Act provides for taste [2] other functions of the Commission as follows: i) monitor and supervise Nigeria‟s Legal Implications of Copyright Law for position in relation to international DJ’s conventions and advise government Over the last 20 years, the law has thereon; ii) advise and regulate conditions become quite strict around the
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Elem www.iaajournals.org implications of using copyrighted legal implications. Monitzation of music material in creative works, including implies producing music in commercial music and audio. Thanks to the advent of quantity for sale to the public. technology, sampling, ripping, and While music producers and performers in recreating have become easier and more the entertainment industry are generally accessible than ever before [13]. At the regulated by copyright laws in Nigeria, same time, technology has allowed for there are some groups in the industry that copyrighted works to be easily detected face more risks than the others when it on platforms such as Sound cloud and comes to infringing on copyright laws. YouTube. For the most part, this means For instance. You can plead „fair use‟ producers making a track or DJ‟s when distributing produced music for recording a mix, have to be careful what free, but it‟s still a risk to take and you they use in their works and where they can still end up in a legal pickle [5]. distribute such things [11]. Likewise, According to [3], the story is different in producers have to be very careful when the world of DJing. The author states that using other people‟s music in their own in the world of DJing, use of copyrighted creations; they have to have the material is a whole different ball game. permission to do so [20]. This is one of those times where that term However, in this big pool of copyright „fair use‟ comes into play: stuff, there is a term that industry playing your own music (or official professionals, as well as other remixes you made) is absolutely fine, DJ‟s/Producers, like to throw around: „fair because 99% of the time, you own the use‟. If you have heard it, must have rights to your own music, unless you gave asked yourself what this means? With a label exclusive rights to it, in which case regard to producing music, using the person to whom right is given to copyrighted material without permission becomes the exclusive owner of the music is illegal in the majority of countries until the expiration of the agreement. around the world. Nigeria is a case in Playing other people’s tracks requires point where using copyright material in royalties to be paid to those artists. But producing music is illegal [1]. This is such royalty is hardly paid in Nigeria especially true when monetizing your except perhaps to purchase the song [5]. music, which can have hefty financial and
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Source: Russell, 2017.
When a DJ plays live at a venue and mixes copyrighted material in this particular a collection of tracks, the venue usually circumstance [20] pays the licensing fees for the songs that Under the Copyright Act, a work is fixed the DJ‟s play, 99% of the time, to a in a tangible medium of expression „when Performing Rights Organisation (PRO for its embodiment in a copy or phonorecord, short) [8]. In the U.S., this is an by or under the authority of the author, is organisation like ASCAP or BMI, In sufficiently permanent or stable to permit Australia, it‟s called APRA AMCOS), and in it to be perceived, reproduced, or Nigeria, you a DJ is safe in the hand of the otherwise communicated for a period of law when you are registered with or more than transitory duration. A work affiliated to Copyright Society of Nigeria consisting of sounds, images, or both, (COSON) [10]. that are being transmitted, is „fixed‟ . . . if By implication, DJ‟s do not have to worry a fixation of the work is being made about breaching copyright law by playing simultaneously with its transmission [4]. other people‟s tracks, when he/she issure that he/she is covered by the licensing Modern DJ Technology and Copyright fees paid for the songs by the venue (e.g. “Once you add something to the hotel) because the venue covers the DJ. vocabulary, you do not want to continue But what about if we play a sample of an to go back to that same way of doing old track and create a live remix out of it, things, because that is what everybody technically creating a „new work‟ using else is doing now.” – DJ Shadow. In the era copyrighted material? In many countries of digital DJ technology, playing hybrid (including the U.S.), DJing is considered a DJ/live sets has become more common – „non-fixed medium of expression‟, meaning including: that because a live set is not directly using formats like Native Instruments‟ reproducible and distributable, there is a „Stems‟ to recreate remixes live lot more flexibility in the use of playing acapellas and samples over tracks,
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using Ableton to combine a variety of country to country, sometimes slightly, songs, samples, and stems to create sometimes largely. To throw another unique new works live [2]. curveball, the law is constantly changing, Since live shows fall are not fixed and some of the things mentioned in this mediums, this also gives producers who article can change over time. If you are may have some tracks and/or remixes confused or come across a serious issue, that contain such material, to play them the best thing to do is to find a lawyer in live without worrying about what could your country. Ask them all the tough happen as a result, and provides a legal questions and you will get legal alternative to releasing them. This gives clarification. DJs and producers a lot of creative COSON Signs Copyright Agreement with freedom and expression while playing Disc Jockey across Nigeria live, and people love hearing a flip or On November 1, 2016, the Copyright another take on someone else‟s track they Society of Nigeria (COSON) signed a all love and know. That this doesn‟t mean landmark copyright agreement with Disc you can play full songs that you have not Jockeys across Nigeria. The leadership of legitimately purchased, as any final Disc Jockeys Association of Nigeria, recording released has to still be owned (DJAN) negotiated the deal and could be by you to be allowed to play it. This argued to have obtained the most simply means that you can use those favorable deal on behalf of their works in new ways without worrying members. The deal also went a long way about getting a lawsuit [2]. to addressing the issues surrounding DJ‟s Set Recordings respect of intellectual property. DJ Jimmy One important note comes into play in Jatt and many other DJAN leaders get regards to performing live and recording credit for working tirelessly to ensure the it. While the set itself in the moment is signing of the agreement [4]. not considered a „fixed medium of As a result of the agreement every expression‟, any recordings, video or member of DJAN, must obtain a copyright audio, technically still can breach license from COSON with immediate copyright [6]. You can still get into legal effect and during public performances of troubles when uploading recorded sets to musical works or sound recordings, places that do not allow that kind of members have a copy of the copyright material. Sites that are allowed to hold DJ license issued by COSON and shall sets include Mixcloud and (maybe) present such license for sighting at the Soundcloud. Platforms like YouTube are request of any accredited COSON agent or still a gray area, and DJs need to make representative. sure they 100% have permission to put By the terms of the agreement, protection other people‟s works in a mix there, is offered to all licensed Disc Jockeys especially when monetizing content. from the infringement of the relevant Some uploads manage to get away with it, copyright in musical works and sound but it can only be a matter of time. recordings in a public performance. The In summary, the main takeaway is that agreement does not however DJs have a lot more creative freedom in protect corporate bodies, owners of event the booth versus in the studio. See what venues, public or commercial facility cool things you can do in your DJ set to owners, whose venues or facilities are spice it up, remix a classic, chop some associated with the public performance. acapellas over your tunes, and do it all The agreement suggests that every live. licensed Disc Jockey shall not engage in Please remember, that if you come across the public performance of musical works any grey-areas, or need further or sound recordings in a venue or facility clarification, this article does not negate not licensed for the public performance the need for legal advice. The law is very of music or in support of a brand or complex and everyone‟s circumstances corporate organization which has not are different, and the laws differ from obtained the appropriate copyright
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Elem www.iaajournals.org license for the public performance of this agreement possible. It is expected musical works and sound recordings. We that DJAN members nationwide will not need to also acknowledge the disappoint COSON in the protection contributions of TadeAdeyemi (DJ cool) agreement. for his inputs in making the signing of THEORETICAL FRAMEWORK This paper is based on economic theory law noted the following: On one side are and natural rights theory. Under the lawyers who assert that copyright is economic theory, copyright protection rooted in natural justice, entitling the aims to promote creativity by rewarding authors to every last penny that other the creative authors while ensuring that people will pay to obtain copies for their the users have access to the works. works. These are the copyright optimists; Copyright prevents free riding by third they view copyright‟s cup of entitlement parties by providing an incentive to as always half full, only waiting to be create. According to the theory, property filled still further. On the other side of the rights in creative works are instruments debate are copyright pessimists, who see that help in the achievement of copyright‟s cup as half empty; they economically efficient allocation of accept that copyright owners should get information goods [7]. The theory some measure of control over copies as presupposes that authors need incentive an incentive to produce creative works, to create and the unauthorised use of but they would like copyright to extend works will deter authors from creating. only as far as necessary to give incentive, Copyright law is thus seen to exist to and treat anything more as an provide a marketable right for the encroachment on the general freedom of creators and distributors of copyright everyone to write and say as they please works which in turn creates an incentive [5] for production and dissemination of new Copyright protection is seen as an works [9]. The question as to whether or incentive to the authors to create works not copyright protection stimulates that may in turn be used to spur production and distribution of knowledge economic growth. Copyright creates a is highly debatable especially in the system whereby the copyright owner is digital era. There are scholars who believe granted the exclusive right to use or that copyright protection impedes access exploit his work [8]. to knowledge in developing countries. Copyright Infringements However, recent studies by the African An important part of the legislation is the Copyright and Access to Knowledge infringement provisions of the Act which indicate that there are several other provide for both civil and criminal actions factors that contribute to the limited which may be instituted simultaneously. access to knowledge in developing The Act specifically states amongst other countries. [18]. things when prescribing copyright The natural rights theory on the other infringement that hand centre on the person of the author Copyright is infringed by any person who who is thought to deserve a just reward without the license or authorisation of the for his/her intellectual labour to have a owner of the copyright (a) does or causes natural right in his creations; whoever any other person to do an act, the doing invests in time and effort in the of which is controlled by copyright; (b) production of goods and services is imports or causes to be imported into entitled to the exclusive rights to control Nigeria any copy of a work which , if it or prohibit their use. The author is had been made in Nigeria would be an protected as an author in his status as a infringing copy under this section of this creator because a bond unites him to the Act;…(Id. at. Section 15 (1) as cited in Ola, object of creation [5] 2014, p.14). Paul Goldstein addressing the issue of Infringements of copyrights would philosophical foundations of copyright include things like, copying or
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Elem www.iaajournals.org reproducing an original work without infringing copy, or makes, causes to be permission; creating of a new work made or has in his possession, any plate, directly derived from the original work, master tape, machine, equipment or for example by translating to another contrivances, for the purpose of making language or performing or displaying the any infringing copy of any such work, work in public [16]. In Nigeria, copyright such a person shall be liable to a fine of laws are commonly infringed on. This is an amount not exceeding N1,000 for because of cultural factors that permit a every infringing copy or a term of Nigerian to share with other Nigerians on imprisonment not exceeding five years, or the basis of social connections and living to both such fine and imprisonment. The together. Hence, piracy is pervasive in criminal provisions with stiff penalties Nigeria because of the fact that many have been tested in the courts and have in people are not even aware that they are many ways served as deterrence to infringing copyrights. Wide spread further copyright infringements [11]. awareness must therefore be created as Court Convictions: In the cases of NCC V an integral part of evolving the law [14]. Godwin Kadiri, NCC V Michael Paul and There is also a tendency for Copyright NCC V Emordi Henry Chukwuma all on holders in Nigeria to sleep on their rights charges infringing broadcast rights, the rather than enforce copyrights through defendants were all found guilty. In the litigation; which has further impact on case of NCC V Godwin Kadiri, which held how much local precedent we have for in the Benin judicial division, the Copyrights cases [2]. In the event of an defendant was sentenced to serve a 6 ½ infringement, the copyright owner, years jail term with no option or fine and assignee or exclusive licensee may bring is being made to serve two jail terms. In an action before the Federal High Court NCC V Emordi HenryChukwuma and NCC and may claim for damages, injunctions V Micheal Paul which were heard in the and/or accounts. Ignorance is a defense Abuja and Lafia jurisdictions of Nigeria, to copyright infringement, but it must be they were both sentenced upon proved that at the time of the conviction topay fines of N10, 000 and infringement the defendant was actually 5,100 respectively. Convictions have been unaware and had no reasonable grounds made with regards to infringements of to suspect that copyright subsisted in the other works. In NCC V NwokeIsreal(NCC work. In such situations, plaintiffs are not V NWOKE ISREAL, FHC/L/159C/2013, entitled to damages but rather account for (Federal High Court, Lagos profits in respect of the infringement [3]. 6/05/2013),the Lagos judicial division of The Act criminalizes copyright the Federal High Court, convicted infringement with Section 20 of the Act andsentenced the defendant to 1 year providing conviction or fine and imprisonment without the option of fine conviction and fine punishment to those for infringing upon literary rights. In NCC found guilty. It provides that where a V. Anoke Celestine on charges bordering person is found guilty of making or on infringements of sound recording and causing to be made for sale, hire or other cinematograph film rights, the Benin commercial purposes any infringing copy, judicial division of the federal high court or imports or causes to be imported into sentenced the defendant to 10 months Nigeria a copy of any work which if it had imprisonment. been made in Nigeria would be an CONCLUSION The business of Djing belongs to the the law is punishable in Nigeria. Hence, profession of artists. Like every other there is need for all practicing DJs in production of artists, Djing is not left out Nigeria to register with corporate bodies by the provisions of copyright laws. that could protect them from any offence Those in the profession are safe from the of copyright infringement. DJAN law of copyright as provided by the members are advised to be law abiding as Copyright Act of Nigeria. Infringement on
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