Background story
Phyno is much loved by Nigerians because of his unique style of music and
creativity. His song ‘I’m a fan’ featuring Mr. Eazi and Decarlo released in
2016 as part of his “The Playmaker” album was an instant hit. I personally like
the song.
That song has however become the source of much controversy recently. American
singer and songwriter, Pia Mia released a version of the song in May 2017 featuring
singer Jeremih. Due to the striking similarity in Phyno and Pia Mia’s version
of the song, there have been allegations of infringement of copyright by Pia
Mia. Nigerians have taken to troll the American singer on social media.
You can listen to both versions
here. Phyno is yet to give details on this
and reacting to reports that he co-produced the song with Pia-Mia's producer, has said his lawyers are involved.
Arguments on who produced it and whether it was a fall out of
co-owners of the song aside, here are 3 things you should take away from the
Phyno-PiaMia controversy.
Establish your content is original
Original literary, dramatic, musical and artistic works, sound
recordings, films and broadcasts are entitled to copyright protection. Your
content has to be original not a copy of someone else’s song or artistical
work. Where sufficient effort has been expended on making the work to give it
an original character, it becomes the sole property of the Owner. Only the
Owner can transmit the work by testamentary disposition or by operation of law.
The Owner has an exclusive right over the work and it is unlawful for any other
person to reproduce, publish, translate, perform in public, make, rent, lease,
hire, broadcast, adapt or tamper with the work without the Owner's licence or
assignment.
It also has to have been fixed in a definite medium. You need not have
registered it as copyright unlike other forms of intellectual property does not
require registration for validity.
Protection Is Key- Contact
your lawyer
Negotiation is the first course of action. Owners may demand compensation
for use of their work and the immediate cessation of the infringement. They can
also demand delivery of all original and copies of the infringed work or an
agreement for use of their work in future.However, if the other person is
unwilling to stop the infringement or withdraw the infringing material despite
notice, you may need to get an injunction from the courts or sue for damages.
Because of our reciprocity agreements with other countries, copyright
recognised in Nigeria can be enforced internationally and vice versa in
countries signed up to certain international agreements
Also, while registration for copyright protection is not a condition for
the validity of your copyright as it exists the moment the work was created, it
may go a mile in helping protect it in the event of infringement due to these
reasons.
You can register your work with the Nigerian Copyright Commission. You
also need to realise that you have a right against everyone else to reap the
benefit from your work as long as it suits the criteria above. Do not hesitate to
seek adequate remuneration for use of your material and compensation for
infringement of your copyrights.
You can co-own copyright with
others
Where you co-authored a work with someone else, it is important to keep
records of it as you might be co-owners
To be co-owners of a copyrighted work, each author must contribute
copyright-able subject matter to the work. Each contribution must comply with
the originality requirement and other and must not be simply ideas, refinements
and suggestions. There has to be intention, at the time the writing is done, that
the parts be absorbed or combined into a single, whole unit.
Each co-owner has an independent right to use or license the use of the
copyright in an independently created work without the need to obtain the
consent of the other co-owners. He may however need to render account to his
co-owner
In the Phyno-Pia-Mia case, they would need to determine if the song was
intended to be co-owned in terms of their contributions to the production.
