YOUR CONTENT RIGHTS AND SOCIAL MEDIA

Disclaimer: The aim of this article is general information and enlightenment; please, consult a solicitor/legal consultant for individual professional advice.

There's a lot of 'sharing' going around on the internet especially on 'harmless' social media. And that's okay, as long as you read the terms. You know those 'Terms of Service' tabs you see on social media websites? Right.

A lot of social media websites determine the ownership and right to the content you post on their site.

Check out an excerpt from YouTube's Terms of Service:

"... by submitting Content to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and YouTube's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive licence to access your content through the Service and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the Service and under these Terms of Service." 

For instance, YouTube allows you to retain ownership rights, but you grant pretty significant and extensive rights to YouTube and its users. This, in itself, is not a bad thing- they actually need you to give them some of those rights to publish your content. However, just so you know, it may not work for you in the long run.

So, the next time you decide to use a social media site for any reason, be aware that you're making a choice between some extra publicity and the handover of the control of some major intellectual property rights.

It may not mean a lot right now, but bear in mind the potential issues that could arise when you post the next worldwide hit on a social media website.

©2013 Tinukemi Alabi
Contact: tinukemi@gmail.com

YOUR MOVIE SCRIPT AND THE THREE ‘C’S

Disclaimer: The aim of this article is general information and enlightenment; please, consult a solicitor/legal consultant for individual professional advice.

I was facing a personal dilemma when the thought of writing this piece came to me. Having the right information helped me to make a good decision, and being a very nice lawyer, I thought I'd share.

This piece applies to any entertainment product or eligible work of copyright. However, to make it very understandable, I'll use the analogy of a movie script.

Maybe you have a 'winning' movie script in a file on your computer and you're trying to find the best way to make something out of it. You know that a script is a literary work protected by copyright, and that, as the author, you are the copyright owner, the only one who can 'do and undo' with the script. Yet, you are not getting richer when it's just sitting in your computer and you do not have the financial and professional means to make a movie.

So, you look at the some of the options available and narrow them to two:

a.) You can try to produce a movie from it and keep all the proceeds; or

b.) You can assign it (sell it outrightly) to a movie producer.

Enter the three C's.

The three C's of copyright are tools that can help you to make a knowledgeable decision. They are: Compensation, Credit and Creative control.

1.) Compensation: Does the financial reward come first for you? Do you want to be compensated handsomely? If this comes first for you, then you may favour selling your script to the highest bidder, especially when you do not have the financial resources to produce a movie. This may be your number one consideration, even if it means that you have to lose credit for it and control over it. In any case, be clear about what the compensation is, whether it is in kind or in cash, and how it is to be paid or structured.

2.) Credit: Do you mind very much about being acknowledged as the writer of the script? If you do, even if you sell it, you may be able to contract to have your name credited as the script-writer, especially if you'd like to use it to boost your profile and career advancement. However, this may not be very easy if the buyer of your script decides to make some changes and then claims authorship of the new product, giving you no credit for the backstory. If you get to produce the movie, however, you can have your credits in big, red blazing letters.

3.) Creative Control: Do you want to have a say in how the script is transformed into a movie and have some measure of control over the project? Maybe the subject matter was about a young, unemployed man who loved to drink beer, and somewhere along the line, the buyer decides to make the story about an adulterous, overweight woman. Or maybe you wanted the movie to be set in Lagos, Nigeria, but the buyer decides to go for Jos, instead. If you are not the producer of the movie, it is very unlikely that you will have any say in how the movie eventually turns out.

You may be able to sell your script to someone who will pay you handsomely, give you all the credit you want, and allow you to retain creative control all the way. However, in most situations, you may have to prioritise and decide which one matters to you the most. Use the three C's to help you make a knowledgeable decision.

©2013 Tinukemi Alabi
Contact: tinukemi@gmail.com

MUCH ADO ABOUT COSON

Disclaimer: The aim of this article is general information and enlightenment; please, consult a solicitor/legal consultant for individual professional advice.

In my August 2010 article on this blog, I proposed that we turn our attention to an area more rewarding for the Nigerian music industry- a Copyright Collecting Society. Apparently, someone was listening.

There have been a lot of questions about COSON (Copyright Society of Nigeria) and how they operate. Therefore, the aim of this article is to give you a quick working knowledge of how a copyright society like COSON works (or should work). I tend to talk fast, so sit up.

Copyright gives the owner of a musical work or sound recording the exclusive right to exploit that work in a number of ways including reproduction, recording, publishing, public performance, adaptation, translation, communication to the public, etc. Accordingly, only the copyright owner can do any of these acts or authorise anyone to do any of the acts. Any one that exploits the work without permission from the owner may be guilty of infringement.

This means that any person or organisation that wants to use a song must seek permission for each time of use. These users include television and radio stations, expositions, restaurants, bars, hotels, night clubs, shopping centres, exhibitions, offices, websites, etc. However, it would be too cumbersome for all users to seek permission every time they need to play the songs of every artiste. This is where the usefulness and practicality of a copyright collecting society like COSON comes in.

Put simply, a collecting society is an association that has the authority to license works and collect royalties on behalf of copyright owners for an agreed fee. Collecting societies exist because it is impractical to enforce the rights of the copyright owners one by one and the copyright owners do not usually have the knowledge, expertise and resources to monitor all uses of their works.

The collecting society acts as a middleman between copyright owners and the users of the music. The relationship between the copyright owners and the collecting society is a fiduciary one where the copyright owners are the principals and the collecting society is the agent representing them.

The following is a simplified process of how a collecting society works:

1. The copyright owners (i.e., musicians, labels, producers, etc) join a collecting society and declare the specific works and rights which they want the society to administer for them.

2. The collecting society builds up a large repertoire or collection of works.

3. The users of the work (e.g. broadcasting stations, exhibitors, hotels and eateries) negotiate with the collecting society for a licence to use all the works in the repertoire of the collecting society for a specific period of time, for a fee, of course. This licence is called a 'BLANKET LICENSE' because it covers a lot of works.

4. The collecting society monitors the use of the licensed works.

5. The users submit records of the works used over a specified period to the collecting society (for example, the logs of music played on a particular radio station between July 1st and December 31st, 2012).

6. The collecting society pools all the proceeds paid by users, deducts a percentage for administrative costs and distributes the rest of the proceeds to the copyright owners based on the use of their works, as determined from the records submitted by the users.

I hope this helps you to understand the process better. I don't want to talk too much, so the next time we meet, remind me to explain to you how COSON could extend its repertoire to include the music of foreign artistes, too.

Oh, I knew I had forgotten something: Have an amazing 2013!!

© 2013 Tinukemi Alabi
Contact: tinukemi@gmail.com

THE BASICS, AGAIN

Disclaimer: The aim of this article is general information and enlightenment; please, consult a solicitor/legal consultant for individual professional advice.

Let's go to the basics of entertainment law. I'll start by saying that when we talk about entertainment law, we're dealing with far more than copyright. However, because it has a lot to do with the protection of works of entertainment, we'll start there. We'll briefly address what it takes to protect certain entertainment products.

Copyright protection gives the creator of a 'copyrightable work' (a work eligible for copyright, like a song, a script, or a movie) a diverse set of exclusive rights over their work for a limited period of time. These rights enable the creator to control the economic use of their work in a number of ways and to receive payment.

In Nigeria, there are no statutory requirements for a work to be registered before it can enjoy copyright protection. Once the work is original and it is created and fixed on a tangible medium or material from which it can be perceived (for instance, paper, disk, tape, canvass), copyright protection automatically becomes available, whether the work is published or not.

Having explained that a work enjoys protection without any further formalities, it is important to sound a note of warning. While a work is 'protected', it may not really enjoy the protection. Some difficulties may arise if you want to enforce your rights in case of a dispute. Let's illustrate with an example.

You have written a song from your heart and recorded it on a CD. Automatically, it enjoys copyright protection. You keep the CD. A little while later, you hear a song on the radio that sounds exactly like your own, down to the beats and the lyrics. And if another person claims that you 'stole' the song from them, what do you do in that situation? Is your work protected by copyright? Yes it is. Has your work actually enjoyed copyright protection? That is another matter entirely. Of what use is a 'protection' that you cannot enjoy? How do you even prove that the song is yours, or that you came up with it first?

The Nigerian Copyright Commission has created a voluntary registration process called the Copyright Notification Scheme. This scheme allows you to register your work with the Commission and your work forms part of their data bank. This process can help you enjoy the protection already intrinsic in your work. It ascertains the time of the creation of the work, so that you may find it easier to prove not only ownership but also priority of creation.

Thus, while registration is not compulsory for an eligible work to enjoy copyright protection, registration under the Copyright Notification Scheme is advisable.

© 2012 Tinukemi Alabi
Contact: tinukemi@gmail.com

A LIL' SOMETHING FOR SONGWRITERS

Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.


A LIL' SOMETHING FOR SONGWRITERS

A songwriter is usually one of the most important persons in the process of bringing a song to life. In acknowledgement of the usually unknown (relatively) heroes, here's a little something.

In Nigeria, the artiste is usually d songwriter, and so this may generally simplify a lot of things, at least where a regular pop song is concerned. However, there are always people who write songs and do not actually perform them or record them, they just 'give' them out or 'sell' them. And of course, they're those who write songs not just for regular pop radio, but also for films, movies and commercials.

Songwriters can get a wealth of useful and practical information from so many entries on this blog. However, I'd like to briefly mention an area of songwriting that may be a little knotty: the area of 'Works for Hire'

In terms of songwriting, a song is a WORK FOR HIRE where a person (corporate body or individual) commissions a songwriter to write a song specifically for them for a person, product, service or event. In that situation the ownership of the song (including its present and future revenue) belongs to the person who commissions it, and does not belong to the songwriter. In such an arrangement, the writer is paid a one-time fee for the composition, but he/she then sacrifices all ownership of the song.

Some songwriters may not be pleased with this arrangement, and may want to retain rights to their song, its use and its revenue, current and expected. There's nothing wrong with wanting the creative control and financial payback for one's efforts. However, once the agreement is that the song is being written for another person, then the songwriter should be aware that he/she may be letting go of its ownership.

Since some works for hire may not be called or defined as such (sometimes, even the person commissioning it may not be aware of the term), both parties, especially the songwriter should be careful to put the agreement on paper and read the fine print. Or better still, get an intellectual property lawyer or practitioner to review it.

All the best. Keep on churning out more songs for us (just keep the trash out, please).



Copyright 2011 Tinukemi Alabi
Questions/Comments: tinukemi@gmail.com

DERIVATIVE WORKS: QUICK LINES

Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.


DERIVATIVE WORKS: QUICK LINES

A while ago, we decided to reduce the sophisticated topics of entertainment and go back to the basics. As part of the basics, we're discussing an area that very few people avert their minds to: Derivative Works.

Without much ado, I'll give it to you very clearly, and very quickly. Here are basic things you should know about a derivative work.


1.) When an eligible work is created by a person, in Nigeria, that work automatically enjoys copyright protection once it's original and fixed on an expressive medium (if you're a consistent visitor on this blog, by now, this should be as clear to you as a nursery rhyme. I only say it on every other entry, after all).

2.) One of the exclusive rights protected by copyright is the right to make derivative works of the original work. As such, only the copyright owner (or anyone he/she authorises) may make works which are derived from their work.

3.) And to the question on your lips: what, really, is a derivative work? A work is a 'derivative' work if it derives its substance from another work which already exists. For instance, when you write a novel/story, and someone makes a movie or play out of that novel/story, the new one is a derivative work which is derived from the first work. Other examples are translating a story/book/script/ into another language, making a painting or a sculpture from an existing photograph, 'remixing' or 'sampling' a song with new instrumentation, etc.

The movie 'Things Fall Apart' is a derivative work of the novel 'Things Fall Apart' by Chinua Achebe. The movie 'O Le Ku' is a work derived from the novel 'O Le Ku' by Akinwunmi Ishola. If you were to stage a play on the drama 'The gods are not to blame' by Ola Rotimi, then that play would be a derivative work.

A derivative work is, thus, a new, original work that includes aspects of a pre-existing, already copyrighted work.

4.) Only a copyright owner can make or grant permission to someone else to make a derivative work based on the original work. If permission is not granted, the creator of the new work becomes liable for copyright infringement.

5.) For a derivative work to enjoy copyright protection, it must be different enough from the original so that it is considered a new piece of work. It must fulfil the requirement for originality.


I did say 'basic things'. If you want a lengthy discourse, you'll have to get in touch with an entertainment lawyer or practitioner. See ya next month.



Copyright 2011 Tinukemi Alabi
Questions/Comments: tinukemi@gmail.com