MUSICAL ARTS AND COPYRIGHT LAW IN NIGERIA: ETHICAL ISSUES IN THE PROTECTION OF INTELLECTUAL PROPERTIES

Abstract

Musical art implies every form of music expression which exists in, and maintains human social structures and values. Musical art as a social factor is part and parcel of human existence. It has maintained dominance in human society at every level and has demonstrated to be one of the fundamental form of human expression and communication of ideas. Musical arts expression is one of the most undermined intellectual properties by the Nigerian government and society. Musical works in Nigeria enjoy little or no protection even when they are documented to have some protections of the government. Even the insurance policy of Nigeria has not been fair on the protection of musical works as a product but, it demonstrates great resource in the protection of other sectors of the economy. Not incorporating the interest of music performers, composers and music industry in the nation’s insurance policy, coupled with the detrimental effect of piracy have posed a whole lot of challenges to musicians and their intellectual property. The practices of music piracy in Nigeria is often done without minding that the effect of unethical pirating of musical products (although intangible product) unleashes the same effect felt by other producers whose ‘tangible’ products are abused. The degree of stealing intellectual possessions especially, musical works; the unlicensed broadcast of musical works, duplication and unethical sharing of these products without any form of loyalty or consent of the artistes or composers has left entire musicianship in the state of dilemma.