Cost-Benefit Analysis of Gospel Musical Practice among the Universal Reform Christian Church (URCC/NKST) of Nigeria: Survey on Creative Right Holders’ Development.

By

Joseph Jar Kur, PhD

 Abstract

This research investigated the extent to which copyright law protects the rights of authors and creators of gospel music and their creative and intellectual products from the effect of piracy,[1] counterfeiting[2] and boot leg[3] recording of works and its consequential impact in negating economic gains and developmental growth on the creators namely, composers, lyricist, songwriters and music performers using the URCC\NKST as a case study. The research postulated that, the core essence of the copyright laws are necessary for holders to derive economic benefit through  the utilisation of their works and the protection provided aimed at optimising resource allocation efficiency, thereby enhancing welfare and growth of a nation. Projecting from the foregoing assumptions, the argument is made that, gospel music development in Nigeria has grown in leaps and bounds in and outside the context of church domain and its use is no longer deployed in  church activities alone for purposes of impacting gospel messages to the targeted audiences but that the music are recorded for commercial exploitations (recorded on tapes, CDs and MP4) for retail purposes while some are used as background jingles for product advertisements for unconnected entrepreneurial activities in their business concerns whereas in others, the utilisation of the product is now being witnessed as URCC\NKST music blogs and YouTube on super digital highways. These trends notwithstanding, gospel artist of the URCC/NKST have being unable to reap the financial benefits of their creative musical talents as they receive nothing and are guaranteed nothing and secures no deal contrary to copyright expectations. In articulating on the foregoing, the research has employed the descriptive survey methods in assessing the contributions or otherwise of the URCC\NKST church on her creative right holders. The research found as a fact that, there is a widespread misunderstanding and ignorance of copyright law and protection among the creative right holders of the members. The study found as a fact that, the success or failure of the gospel music segment lies mainly in her infrastructural, operational and organisational deficiency as the main reasons why the economic value of gospel music remain low and abysmal. Keywords: Gospel, Musical, Universal Reform Christian Church (URCC/NKST), Creative- right Holders’ Development.

1.1. Introduction

This research has surveyed on the various genres of music existing and practiced among artists in Nigeria including but not limited to; gospel, hip-hop, makosa, afro-beat, country, disco, congo, jazz, rhythm or blues. Others include juju, highlife, fuji, akukon’egwu, apala, reggae, funk, swange, rock ‘n’roll, raza, rap, calypso etcetera. The research focus is on gospel music (otherwise known as Christian music) with emphasis on the Universal Reform Christian Church (URCC), which is otherwise and until recently was called NKST (Nongo U Kristu U Ken Sudan hen Tiv) (translated to mean, the Church of Christ in the Sudan among the Tiv).  The research has deciphered that, even among the contemporary   Christian music, there are diverse Christian songs adapted to the rhythm of salsa, reggae, rock, folk, hip-hop, rap, ballads, pop etcetera. Notwithstanding, the URCC (NKST) has adopted the Tiv folk method as a traditional church as opposed to other species of music earlier mentioned.

The unique nature of the traditional gospel music of the URCC (NKST) is not only fathomed  from a peculiar need of the traditional affiliation of the  Tiv to their unique culture, but that, it represent the background of culture of the Tiv race, Tiv identity, Tiv cultural roots by which the Tiv has continued to identify themselves.  The thrust of the research has evaluated the creative contributions of the song composers on the development of the church and the corresponding impact on the holders’ lives and wellbeing. The research has identified at least five right holders that can benefit economically and morally from their useful creations from the perspectives of copyright paradigm namely, the composer of the musical score, the author of the lyrics, the publishers of the scores, the performers of the work and the producers of the sound recording. The research has postulated that, composers, authors, and publishers are all protected by the substantive rules of copyright while neighbouring   rights protect performers and producers of sound recording.

The descriptive survey method has further assessed the contributions or otherwise of the URCC/NKST Church on her creative right holders as well as the effect of  technology and open access on gospel music development as it relates to recording technologies where cassettes, video tapes, CDs, VCDs and digital  audio and video networks are deployed to record the songs of the writers and composers as well as the trend of messages broadcast of same over the radio, television, internet etcetera without recompense to the right owners and outside the context of worship and the corresponding impact on the economic well being and development of the average Tiv composer of gospel hymns.

2.1.    Conceptual Clarifications

 2.1.1. Gospel

Gospel music or Church music refer, to a genre of music that emphasises praise to God in  houses of worship or religious service who are, occupied by people who profess to love God and Jesus Christ as his only Son. The Christian don all over the world propagates the personality of God, who is perceived as the Almighty and his son, Jesus Christ as the Messiah and Saviour of the world. Every Christian denomination, be it URCC/NKST, Anglican, Catholic, Baptist, Methodists, Presbyterians, Protestant and so on, employ musical elements in every aspect of their corporate worship. The music genre under which different musical media are employed for Christian worship is called ‘Church, gospel or sacred music’. In Christian churches, the concept of church or gospel music (or, in a broader sense, music in church) covers a unique wealth of activities and tasks.[4]

2.1.2.   Music, musical and musical work – Definition

Music is a form of art which addresses various facets of human existence: economics, culture, trade, health, government and religion. In other words, music can hardly stand on its merits but very often extend its context to other spheres of reality[5]. Music is also defined as “the mirror of reality”[6] and as the “expression of truth”[7]. Music is also perceived and defined as ‘art of arranging the sound of voices or instruments or both in a pleasing sequence or combination’[8] The Copyright Act[9] defines a musical work as “any musical composition, irrespective of musical quality and it includes works composed for musical accompaniment”. In another perspective, musical work is defined as ‘consisting of music, exclusive of any words or actions intended to be sung, spoken, or performed with music’[10].. Copyright therefore exists in musical works once they are written down and if music is recorded without ever being written down, it may be protected only as a sound recording[11]. While sound recording is defined as “the first fixation of a sequence of sound capable of being perceived aurally and of being reproduced but does not include a sound track associated with a cinematograph film”[12].

There exist therefore casual link between musical works and sound recording in various forms and both are part of the work that falls under musical practice and methods whether or not within the sphere of gospel music. In this research, gospel musical works refer to genre of URCC\ NKST Christian songs from various artistes within the church domain. URCC\NKST music is here referred not the conventional gospel songs with Eurocentric traits. It is very traditional and customary of the Tiv tradition. The URCC\NKST gospel music is not all about the melody and harmony but about the message which is supreme and whose content is sufficiently composed, performed, or are deployed for many purposes, including aesthetic pleasure, religious or ceremonial purposes and as an entertainment product for the marketplace.

2.1.3.    Universal Reform Christian Church (URCC/NKST)

 The ‘Universal Reformed Christian Church’ (URCC) or NKST which mean (Nongo U Kristu U I Ser U Sha Tar) is denoted here to mean one and the same and may in appropriate context be used interchangeably  except where  the context otherwise provide. NKST is one of the major Christian denominations among the Tiv race next to the Catholic Church and other churches such as Anglican, Deeper Life, and recently Pentecostal churches of Living Faith, Redeem Church of God, Dunamis Church International among other churches of God. NKST is predominantly  found among the Tiv  dominated areas of the country namely; the states and areas of Benue, Taraba, Nassarawa, Plateau, Adamawa, Kaduna, Kano, Lagos, Port-Harcourt, Oyo  and the Federal Capital Territory, Abuja etcetera.

2.1.4. Creative-right holders

Creative right holders refer to aggregate of persons who are involved in the creation and performance of musical works that may entitle them to copyright protection. They include but not limited to the following, composers of the musical scores, the authors of the lyrics, the publishers of the scores, the performers of the work and the producers of the sound recording

2.1.5. Development

Development means different things in different context. While it is incontestable that the term is complex, ambiguous and elusive, the term means the act of bringing about social change that allows people to achieve their human potentials. In this direction, the development of copyright protection regime has an inexorable link with economic development and growth. Economic growth here is deployed in this research as the growth of the standard of living of a nation’s people from a low-income (poor) economy to a high-income rich economy. In the context deployed here, development means the unique role by which music contributes to the quality of life of society and the corresponding social and economic return that society and her institutions reciprocate or plug back on the creative right holder by way of recompense.

3.1.    Purpose of the Study

In the contemporary Christian world, the research for righteousness and salvation through Jesus Christ has led to an ascendency of wide spread of gospel messages and Christian doctrines through gospel music. In Nigeria particularly and largely in Africa, the spread of the quest for evangelism and conversion of souls for the kingdom of God has remained vibrant and even more of an entrepreneurial activity than religious. In Nigeria, experience has shown that gospel music has been the livewire of many Christian churches, crusades, revivals, evangelism and other events since the advent of Christianity and this is of no exception to the URCC/NKST church that has a well coordinated sacred/vocal and classical church hymns and gospel songs with many composers and gospel artist of repute in the church. This situation though not peculiar to URCC/NKST but indeed applicable to all churches seek to discuss the areas of friction between the various participants in the gospel music such as whether music (be it gospel or not) as a profession requires some intellectual input? Whether music as gospel or not is an investment which ought to bring back to the participants some dividends. Whether it is not just fair and equitable that those who have expended their time, energy, skill, talent, money and other forms of resources to benefit from the fruits of their labour.

In actualising these set purposes and goals, the research seeks to answer whether, gospel artists who sing in church and church related activities and concerts are evangelising or are simply playing out their God’s given talents. Should they demand to be paid when their songs are utilised for church and fund raising for the advancement of the church or should they simply to be regarded as rendering probono services as ministering for God? Should gospel artists be paid for their services for composing songs and rehearsing for performances so as to improve their overall development in the same manner as pastors who are paid to preach in the same climes? This situation has therefore prompted the writer in this aspect of research with the URCC/NKST as a centre of focus.

3.2. Statement of the Problem

The URCC\NKST Church has a large and growing membership, which forms the base of a veritable music market industry if well harnessed and placed. The Church is estimated to have over One million baptised members and followership in her existing structures comprising among its constituted 64 Classis and Consistories and 26 Missions located within and outside Benue State and Nigeria alone. The Church is credited with a robust gospel music empire comprising of over 2150 hymnal and congregational songs which are well censored, assembled, documented and published by the URCC\NKST Lamp and Word Department for monetary considerations. The Total number of song writers, lyricist and composers of these genres of musical content is well documented as at June 2019 to number 702 (representing the living and the Dead). Given this high projection in the market, there can be assumptions of the fact that there is a high yield and potential for return on music investment among the creative right holders if properly harnessed but the reverse seems to be the case.

While the church is well acknowledged to have renowned musical talents notably among them include, Ephraim Eryum Zuzu, Member John, Timothy Ter Adule( a Reverend whose first composition was accepted when he was Eleven years old) and Timothy Chia Diogo, James Tseyina, Philip Faave Ahua, Oscar Aorabee Gagajav(a Barrister at Law)  whose works are widely enjoyed by diverse audiences, the right holders continue to ravage in abject poverty with no hope of any appreciation or return on their creative endowment. Gospel music owners and producers have constantly bemoaned their nasty experiences in the hands and fate of pirates and bootleggers whose activities have jeopardised their returns on investments, thereby undermining their economic and moral rationale for copyright protection whether of church, secular or traditional musical content.

This practice serves as a disincentive to prospective investors and to right holders’ management chain thereby resulting into a dysfunctional role that triggers the socio-economic and institutional transformation of economic benefit of right holders. Beyond the unlawful recording of gospel music and the sale of pirated gospel radio cassettes, compact disks (CDs), these gospel music have secured airwaves and fixed paid programmes on radio stations such as those of radio Nigeria Enugu, radio Benue, radio Ashi waves. Beyond the radio station’s exploitations, there is a current trend of the digitalisation and distribution of the gospel musical content and works online to a global market beyond the scope, expectations and outside the context of gospel propagation and these have deepened the challenges to the gospel music industry of the URCC/NKST among its teeming users. This research has sought to evaluate and present in a chronological and systematic approach, how sacred vocal music has influenced church development among the URCC/NKST and ascertain its corresponding economic and moral impact on the creators of the musical content as recognised under the existing corpus of intellectual rights creation. Flowing from the above, the research seeks to answer the following questions;

  1. How do composers and lyricist understand their creative and music rights holding among the church and its consequential exploitations?
  2. How effective is the copyright regime regarding the protection of gospel musical rights among the right holders?
  3. How beneficial is the URCC\NKST music sector structured to assist the moral and economic value of holders?
  4. What infrastructural challenges do the music right holders face in the protection and enforcement of their rights?
  5. What role does and would the URCC\NKST as a church play with regard to recompense\compensation in the growth of gospel music among the church?

These and many more are the search for these inquiries using the technique of law.

3.3. Main Objective

To investigate the reasons as to why the economic value and net worth of the creators of gospel music among the URCC\NKST in Nigeria has remain virtually poor and low irrespective of the robust and vibrant musical content rendition.

3.3.1. Specific Objectives

  1. To investigate right holders perception about their knowledge of Copyright Law in Nigeria.
  2. To analyze the Copyright system as applicable to gospel music development in Nigeria.
  3. To examine the URCC\NKST music industry infrastructure as to whether it is in tandem with economic rights development.
  4. To appraise the correlation between the infrastructure and the various income generating streams in existence that may enhance growth and development of right holders.
  5. To ascertain the role of the church in gospel music industry developments

3.4. Research Method    

The research approach is deductive analytical strategy which is explained as working from the more general to the more specific. At the same time, conclusion follows from premises using the following method: Theory-Hypothesis-Observation-Confirmation. This scientific approach has aided in obtaining understanding through description and explanation of the empirical data. The reason for this approach is that it has provided an in-depth and comprehensive data since the nature of the problem is more complex to answer by yes or no hypothesis through questionnaire. With this, we make fewer assumptions and this is good for our explanatory research.[13] It also advantageous in investigating  problems that cannot be quantified, for instance individual experiences.

3.5. Data Collection

The study used interview and focus group discussion method for the data collection. Thus questionnaires were administered on right owners such as creative writers and composers of songs, marketers and distributors, the Lamp and Word Outreach/NKST Literature and Media Department of the church, local recording companies, pastors, and selected church members that are music enthusiasts of URCC/NKST church songs.

3.5.1 Research Instruments

The following instruments were employed in assessing information from respondents

  • Questionnaires/ Interviews
  • Focus Group Discussion Guide

 i (a) Right Owners

These questionnaires were administered on right owners such as the composer of the musical score, the author of the lyrics and performers of the songs. The aim is to elicit information on their perception and knowledge of intellectual property, intellectual property rights (copyright) in particular, rights management schemes and general economic rights that may be obtained from copyrightable works such as rights in gospel music dissemination.

ii (b) Marketers/Distributors

These questionnaires were administered on marketers and distributors, the Lamp and Word Outreach/NKST Literature and Media Department of the church, local recording companies of copyright works to elicit information on their perception of knowledge of copyright, ownership and authorship rights, royalty rights, piracy, bootlegging and their understanding of copyright infringements.

iii (c) Policy Makers

This segment of Interview was designed to determine the views, attitudes, experiences, church doctrines concerning copyright ownership, authorship and royalty payments. The interview was administered on Pastors and selected members of URCC/NKST synod members.

iv (d) The Consuming Public/Church Members

The questionnaire was designed to find out the knowledge level of the consuming public particularly, music enthusiasts of URCC/NKST church songs about copyright piracy.

(ii)Focus Group Discussion Guide

Focus group discussions were developed to elicit additional information on issues of copyright exploitation, piracy and bootlegging.

4.1 Development of Universal Reformed Christian Church (URCC) and NKST(Nongu u Kristu u i Ser u sha Tar)      

N.K.S.T stands for the “Nongu u Kristu u i Ser u sha Tar,” translated to mean, “Universal Reformed Christian Church,” based in Nigeria[14].The acronym NKST originally stood for Nongo u Kristu u Ken Sudan Hen Tiv but it was in 2001 altered to “Nongu u Kristu u i Ser u sha Tar,”. Upon the adoption of the name NKST, it was later registered as a church in Nigeria under a trusteeship in compliance with the Companies and Allied Matters Act of Nigeria[15]. On the 9th January 1957, the church was registered as an autonomous body. Following the registration, four indigenous Tiv prime pastors were ordained and became their Trustee in compliance with the extant laws; they included, Rev. DS Ugo, Rev JEI Sai, Rev. FN Anum and Rev .AV Ayaka (all of blessed memory).

NKST envisions, by the grace of God, to be a multi-ethnic Christian community drawn from all nations and cultures of the world and united in the doctrine of Jesus Christ. NKST exists to glorify God through worship and proclamation of the good news of salvation to all humanity, and observation of the sacraments as instituted by Jesus Christ, to strengthen the communion of the Saints, to responsibly teach believers and instill self-discipline.  The church has its headquarters at Mkar-Gboko in Benue state but has spread all over Nigeria, and even beyond. The members are predominantly the Tiv[16] (Tiv here refers to a people, a language, a culture as well as a geo-linguistic entity in North Central Nigeria) although other tribes in Nigeria belong to this church. It was first introduced at Sai on 17 April 1911 a village in Katsina-Ala local government area of Benue state, Nigeria.

The church is the fruit of missionary work undertaken by the Dutch Reformed Church in South Africa whose work began in 1911 among the Tiv (people in the then Gongola and Benue Province). The missionary work was truncated in 1960, due to the apartheid system, the South African missionaries were no longer tolerated in Nigeria and had to leave. In their place the SUM–Christian Reformed Church of North America, a branch related to NKST, gave it strong support until about 1985. In 1957 the church was formally organized as an autonomous, self-supporting, and self-propagating church with first four indigenous (Nigerian-Tiv) pastors[17]. A full translation of the Bible into Tiv was completed and dedicated on 4 November 1964.

The church also has a synod[18] that meet twice in a year. The Church has seven institutions of higher learning namely, The Reformed Theological Seminary, Mkar; Reformed Bible College, Harga; School of Nursing, Mkar; College of Health Technology, Mkar; School of Medical  Laboratory Sciences, Mkar; School of  Midwifery, Mkar; University of  Mkar, Mkar[19]. The NKST church has over one million followership and professing members. It has a well organised Women Fellowship with over 44,514 members. NKST church has 693 pastors since inception with 572 who are still alive. NKST has today developed in various ways with the following statistics; (a) 64 Classis and; (b) 320 organised consistories; (c) 26 Mission Stations (d) 56 Secondary Schools; (e) 500 Primary Schools; (f) 9 Hospitals and 150 primary health care centres all over Nigeria[20].

Other unique contributions of the church are with reference to Tiv language development and orthography which has a concurrent impact and effect of Tiv gospel songs. The import on this on the history of the Tivs is that it was basically an oral society which language had no written form until the coming of the missionaries in the early 20th century. The missionaries contributed meaningfully in Tiv language documentation and development especially in the production of the Holy Bible in Tiv (Icighian Bibilo)[21], Catechism (Katekisema), Bible Stories (Akaa a Bibilo), Hymns Book (Atsam A I Gema a Gema). As earlier stated, Tiv language had no written before the advent of the missionaries. The position is clearly stated as follows:

Tiv did not have any system of alphabet or a set of letters that could be used to write Tiv language. DRCM introduced English letters into Tiv language and made Tiv language a written language. The English letters were as follows:ABCDEFGHIJKLMNOP(Q)RSTUVW(X)YZ. These letters were given tiv names and they were used in writing Tiv language. As a result, the Holy Bible (Icighan Bibilo), Hymns (atsam), Catechism (katekisema)…were translated into Tiv and used in churches (ayou adua) and schools (imakerenta). Missionaries also introduced Arabic numbers:(12345678910) and Roman numerals:( i, ii. iii, iv, v, vi, vii, viii, ix and x) into Tiv pagination of published works or books, the Holy Bible, Catechism, minutes and manuscripts. The introduction of numbers contributed significantly to the development of both oral and written forms of Tiv language.[22]

The translation of the Holy Bible into Tiv language paved way for the development of the Tiv language vocabulary and assisted in the translation of English hymns into Tiv language. The book contains songs of worship and praises that Christians made constant reference to during and after the times of worship. The translated version of the hymn book made it a point that a true Christian must have the hymn book in order to worship God in a proper way.[23] The development and evolution of Tiv hymns paved way for other gospel songs in the URCC/NKST church among the various segments of the church such as, the school of Sunday classes (MIM)( translated as Makeranta U Iyange I Memen), Women Fellowship  (Mzough U Kase), Boys and Girls Brigade have their species of songs which are variously composed by different writers. The church also has a well organised English segment of the church whose proceedings are conducted in English Language for the teeming youths as well as the elderly.

4.2. The Origin of Gospel Music among the URCC\NKST of Nigeria

Gospel music among the URCC/NKST church started as far back as in 1920 wherein, the first NKST hymn which was composed and accepted for use in the church by one evangelist (orvageli) Joshua Akaer Gav was consecrated at Zaki-Biam. Notwithstanding this milestone, history has it that, the first formal and recognised documentation of the churches’ gospel history commenced in 1959. This was largely due to the low level of Christian coverts from 1911-1957. In 1960, the first woman to compose an NKST hymn was Sarah Shima from NKST Ngobua, of Alam classes. It was equally accepted and used among the emerging congregation. The history of the church gospel promotion is generally attributed to the efforts of early missionaries namely, Dr (Mrs) Susan Kok; Rev WM Scott; Rev G Terpstra; and Dr Van Doop.[24] From 1959-1962, choir conferences had continued at NKST Church Mbaamandev, Mkar, Gboko local Government presently until the intervention by NKST Sinod that formally accepted the use of choir practice in the church[25].

The period between 1962 and 1964 witnessed a devastating point in the history of the church and change in the mantle ship of the church generally and this too affected the growth of the gospel history. The change in the mantle ship was as the withdrawal of the Dutch Reformed Church Mission from Nigeria largely because of racial policy of South Africa apartheid system, the South African missionaries were no longer tolerated in Nigeria and had to leave thereby enabling the transition of gospel regime to the indigenous missionaries of the time namely, Pastor Tar Shande, Pastor Nevkar Anum and one Iortyaver Asen. [26]

The period after 1964 witnessed, epochal growth in the history of documentation of gospel songs especially with the efforts of SUM/CRC, in the compilation of Denominational hymns of NKST (Atsam a NKST), which had a total of 136 original composed songs and 177 translated songs from other compilations[27]. This effort was an improved effort of a similar work done in 1959 by the DRCM titled “New Tiv Gospel Songs” (Atsam a he ken zwa Tiv). The improvement was as a result that, the 1964 version had the names of the composers attached whereas the earlier ones of 1959 were anonymous thereby negating the efforts of early  great composers like Anengega Daudu and Ityavgyer Fate. In 1979, the Lamp and Word Books documented a set of Denominational hymns which comprised 676 original composed songs and 182 translated songs while in 1996, the said Lamp and Word Books documented a set of Denominational songs of original tiv composition numbering 1035 while translated songs were recorded at 243.

Between 1962 and 2017 several choir conferences numbering 47(see appendix) have taken place  where several gospel songs are censored, accepted and received for use in the church practice by the composers totalling 737 (both living and Dead) with a total of 5000 songs recorded in several epochal books namely;

  1. Denominational hymns (Atsam aa Ikyenge aa NKST) and translated gospel hymns (Atsam aa ii gem a gema) which are the translated hymns from English to Tiv languages) which has a total of 243 hymns[28] collection from mostly Golden Bells[29] and other Christian songs.
  2. Vue Atsam Tavaku 2014 and Mkar 2015[30] has a total of 339 hymns
  3. Vue Atsam kuhe
  4. Vue Astam Abaji

4.3. Gospel Music Development among the URCC\NKST

Music in general and singing in particular has remained an integral part of humanity. Julius Caesar once remarked about Cassius: “He hears no music: seldom he smiles”. Since creation, music and religion has been inseparable from each other. In Nigeria experience has shown that gospel music has been the livewire of many Christian churches, crusades, revivals, evangelisms and other events since the advent of European missionaries.[31] In the Christian Liturgy, there exist several justifications and instances where reference is made of music in the Bible. In Psalms[32] 150 verses 3-5 is recorded thus: “giving praises to God with sounding timbrel, trumphet, cymbals, string instruments and organ. Praise him with the timbrel and dance: praise him with stringed instruments and organs.  Praise him upon the loud cymbals: praise him upon the high sounding cymbals.”

1Samuel 16:16-18 “ Let our lord now command thy servants, which are before thee, to seek out a man, who is a cunning player on an harp: and it shall come to pass, when the evil spirit from God is upon thee, that he shall play with his hand, and thou shall be well. And Saul said unto his servants, provide me now a man that can play well, and bring him to me. Then answered one of the servants, and said, Behold, I have seen a son of Jesse the Bethlehemite, that is cunning in playing, and a mighty valiant man, and a man of war, and prudent in matters, and a comely person, and the LORD is with him”.

1 Samuel 18:6-10 “ And it came to pass as they came, when David was returned from the slaughter of the Philistine, that the women came out of all cities of Israel, singing and dancing, to meet king Saul, with tabrets, with joy, and with instruments of music.  And the women answered one another as they played, and said, Saul hath slain his thousands, and David his ten thousands.  And Saul was very wroth, and the saying displeased him; and he said, they have ascribed unto David ten thousands, and to me they have ascribed but thousands: and what can he have more but the kingdom?  And Saul eyed David from that day and forward.  And it came to pass on the morrow, that the evil spirit from God came upon Saul, and he prophesied in the midst of the house: and David played with his hand, as at other times: and there was a javelin in Saul’s hand”.

2 Samuel 1:19-27 “The beauty of Israel is slain upon thy high places: how are the mighty fallen!  Tell it not in Gath, publish it not in the streets of Askelon; lest the daughters of the Philistines rejoice, lest the daughters of the uncircumcised triumph.  Ye mountains of Gilboa, let there be no dew, neither let there be rain, upon you, nor fields of offerings: for there the shield of the mighty is vilely cast away, the shield of Saul, as though he had not been anointed with oil.  From the blood of the slain, from the fat of the mighty, the bow of Jonathan turned not back, and the sword of Saul returned not empty.  Saul and Jonathan were lovely and pleasant in their lives, and in their death they were not divided: they were swifter than eagles, they were stronger than lions. Ye daughters of Israel, weep over Saul, who clothed you in scarlet, with other delights, who put on ornaments of gold upon your apparel.  How are the mighty fallen in the midst of the battle! O Jonathan, thou was slain in thine high places.  I am distressed for thee, my brother Jonathan: very pleasant hast thou been unto me: thy love to me was wonderful, passing the love of women.  How are the mighty fallen, and the weapons of war perished”!

1 Samuel 16:23 “And Saul sent to Jesse, saying, Let David, I pray thee, stand before me; for ye hath found favour in my sight.  And it came to pass, when the evil spirit from God was upon Saul, that David took and harp, and played with his hand: so Saul was refreshed, and was well, and the evil spirit departed from him.  Which reads “And it came to pass, when the evil spirit from God was upon Saul, that David took and harp, and played with his hand: so Saul was refreshed, and was well, and the evil spirit departed from him.”

Music and religion do have a symbiotic relation. It is the livewire of many churches today and it constitutes a major if not sole solemn pathway to reaching the souls’ eternal glory. It is appeasing in moments of grief and sorrows. It is indeed a mirror of reality and expression truth of the words conveyed. It is from the forgoing biblical perspective that, URCC\NKST synod[33] from inception and progressively approved the use of traditional musical instruments\accompaniment as opposed to popular music band[34] in the worship of God in their churches. Instead, traditional musical instruments in the families of the idiophones[35], membranophones[36], chodophones[37] and aerophones[38] of the traditional Tiv affiliation namely, gbande[39],(tambourine) kwen (resounding cymbals), imar (pipe), akacha;[40] korough ku tungwan;[41] (sounding of the trumpet) adigyuve;[42](harp and lyre)  jita;[43](specific for English choir); kakaki;[44]( trumpet) chembe kwen;[45] molo, ityegh, ikpamar and kungkung;[46]( see appendix). These traditional instruments are utilised using a mode of rhythm accepted by the church as constituting the church songs. The features of the church rhythm require a soft smooth voice (but sometimes harsh) with emotional expression included in the vocal rendition .The tempo of the music is slow and moderate   and never fast (although the music structure may be high and loud)

Being a traditional brand of gospel music, the lyrics and music is strictly based on messages from the bible. This means that a composer or song writer must first and foremost be very conversant with biblical inclinations and his/her lyrics should be non panegyric in nature but only in praise of God without mention of mortals. The gospel songs do have functional roles.  In terms of style, the song must be prophetic or evangelistic. It must create an atmosphere for praise and worship. It must be a song that can be played with any instrument be it a combination, individual, or even acapella. In terms of themes, the song must be in praise of God and proclaiming one of the many names of the Lord and their meaning such as God (yohova), Abba father (Aondo a baver jua) etcetera. The song must reflect Gods love in terms of depth and breadth and must proclaim God’s physical, spiritual and emotional healing. it must also proclaim God’s holiness, exaltation, adoration, repentance and thankfulness. It is this functionality of the NKST (atsam) songs that one can refer to songs of glorifying God, songs of deep reflection, songs of joy, songs of mourning, and songs of wedding. These songs used in the worship of God have crucial values to inculcate into the worshipers and listeners of the music. In composing gospel songs, writers seek inspiration from God, attempt to come out with the lyrics in line with the church notes to go with each syllable and then write the song in phrases and present same to the larger church committee wherein the songs are censored and if in line with church policy, accepted as constituting an NKST/URCC song.

 

 

 

 

Understanding Nigerian Copyright Law for Music and Musicians

by Ese Atakpu|Published August 21, 2018

Copyright law can be complex and intimidating, but as a musician, you need to understand this law in order to know how best to protect yourself and your art.

In this first instalment of our three-part series on Demystifying Nigerian Copyright law for the Nigerian Creative, we have simplified copyright law by breaking it down into six subheadings that tell you what copyright is and how you can use it to protect yourself as a musician.

What does copyright law protect?

Copyright protects original creative works that are fixed in a tangible form. For music, two types of creative works are copyrightable- ‘musical works’ and ‘sound recordings’.
Under section 51 of the Nigerian Copyright Act, a musical work is defined as any musical composition and includes works composed for musical accompaniment, thus a ‘musical work’ includes sheet music, beats and lyrics. Copyright in a ‘musical work’ usually resides in the creator- the beat maker, the composer, the songwriter.

A sound recording, on the other hand, is “the first fixation of a sequence of sound capable of being perceived aurally and of being reproduced”, this basically refers to the specific recording of a musical work and copyright in it usually resides in the artiste in whose name the recording was made unless a contract is made between the parties involved stating differently.

How long does your copyright last?

Copyright in a musical work lasts for 70 years after the end of the year the creator dies, and if the work was created with any additional creator such as writing partners, the copyright lasts seventy years after the death of the last surviving author. In the case of a copyright owner that is a government or corporate body, the lifespan is 70 years after the end of the year the work was first published.
On the other hand, copyright in a sound recording subsists for only 50 years after the end of the year in which the recording was first published.
Once the copyright period ends, the work enters the public domain and anyone is free to use it.

What rights does a copyright owner have?

As the owner of a copyright in a musical work, Section 6 of the Nigerian Copyright Act gives you exclusive control over acts such as commercial distribution of the work by way of rental, lease, hire, loan or similar arrangement, performance of the work, publication of the work, reproduction of the work, preparation of derivative works based upon the work, public display of the work, broadcast or communication of the work to the public by a loudspeaker or any other similar device, adaptation, translation, or making of any cinematograph film or a record in respect of the work.
In other words, your copyright gives you the right to record your music, sell or otherwise distribute copies of your music in various formats, make new works from your original work such as sampling your music to create a new song, perform your music in public, post your music online, and stream your music. Not only does a copyright give you the right to do these things with your music, but it allows you to stop others from doing these things with your music without your permission.
Copyright owners of sound recordings do not enjoy as much control as copyright owners of musical works do. This is because originality is not a requirement for copyright protection of sound recordings.
Therefore, as far as sound recording is concerned, Section 7 expressly states that copyright in a sound recording is the exclusive right to control the broadcasting, recording, communication, or commercial distribution to the public of the whole or substantial part of the recording either in its original form or in any form recognizably derived from the original.

Can you lose your Copyright?

If the creator of a musical work assigns or sells her copyright in the work to a record label or any other person, she loses the exclusive rights granted to her under Section 6 of the Copyright Act, and all she is left with is her moral right – authorial attribution as creator of the song, and right to prevent derogatory distortion or mutilation of the work which is prejudicial to her reputation-which cannot be assigned or sold.
In such a situation, the rights provided for in Section 6 are transferred to the assignee of the copyright, and the transferee is given exclusive rights over the musical work to reproduce, distribute, broadcast or perform as the case may be, and restrain any other person, including the creator of the work, from exercising such rights.

Do music performers have rights?

Neighbouring rights are rights that are related to copyright but are not exactly copyright. For music, this right exists to protect people who perform musical works. Section 26 provides that a music performer has the right to control the performing, recording, broadcasting live, reproducing in any material form, and adaptation of her musical performance. This right applies to her specific musical performance alone, and not the musical work that was performed.
This right lasts for 50 years after the end of the year in which the performance first took place.

How do you enforce your rights?

As described above, owning a copyright in a work gives you the right to do certain things with your music, and to prevent the doing of those things by other people.
When someone exploits your exclusive rights without your license or authorization, it is known as copyright infringement and is actionable by you. This is generally when you should get your lawyer involved.

Comments? Questions? Make your voice heard in our comments section below or email us.

Author’s note: The answer to the question, “What does copyright law protect?” has been edited. We apologize for any inconvenience.

 

 

 

 

 

 

 

 

5.1 Legal Narratives on Musical Works Protection under the Copyright Act of Nigeria

Traditionally, music was not viewed as a money making matter within the traditional African context[47]. Artist were valued more for their cultural impact on society, and largely satisfied by the social status that came with it. The place of music within the traditional African context does not vary greatly from country to country. Among the traditional East African communities for example, music making is closely related with and recognised as a social activity that fosters and reinforces communal unity[48]. The perspective of commodification of music in Africa in general is traceable to the effect of colonialism in its transformation of the context of music-making and performance by introducing the capitalist economic system and the notion of the market and money. It began to become clear that, there was a need to attach commercial viability specific to the art of music, especially in post colonial Africa, which also slowly embraced popular music as part of contemporary society.

The foregoing narratives based on the traditional African culture are completely reversed by the copyright system. The Eurocentric copyright ownership system view copyright as a property capable of being owned and commodified. It is in the foregoing perspective that, copyright can be viewed as an instrument of commodification as it excludes all kinds of knowledge, ideas and innovations that take place in the ‘intellectual commons’ and are recognised only when knowledge and innovation generate profits, not when they meet social needs. In this perspective, the Nigerian law on copyrights protect music and other original works of authorship. Obtaining copyright for a piece of music allows the composer or songwriter to seek protection of his /her song, secure his/her economic and moral rights as well as guarantee the right of the owner to obtain monetary damages from anyone who uses the work in a prohibited or unauthorised manner. Music companies basically manage copyright for written works, while record labels manage the copyrights for sound recordings.

The law that protect musical content in Nigeria is the copyright Act. The Copyright Act list out works that is eligible for copyright protection to mean, literary works, musical works, artistic works, cinematograph films, sound recordings and broadcasts[49]. The section further provides the conditions that the first three eligible works namely, literary, musical and artistic works must satisfy before they can be accorded copyright protection thus:

A literary, musical or artistic work shall not be eligible for copyright unless sufficient effort has been expended on making the work to give it an original character and the work has been fixed in any medium of expression now known or later to be developed, from which it can be perceived, reproduced, otherwise communicated either directly or with the aid of any machine or devise.[50]

The necessary implication of the foregoing provision is that, where a person creates a literary, musical (as applicable in this research), or artistic work, he or she is the owner of that work and is free to decide on its use. That person (called the “creator” or “author” or “owners of rights”) can control the destiny of the work. Since by law, the work is protected by copyright from the moment it comes into being, there is no formality to be complied with such as registration or deposit as a condition of that protection[51].  This protection exists and is applicable to gospel music without any exception. The necessary implication is that, mere ideas in themselves are not protected, only the way in which they are expressed. The economic rights in copyright are the rights of reproduction, broadcasting, public performance, adaptation, translation, public display, distribution and so on[52]. While the moral rights include, the authors right to object to any distortion, mutilation or other modifications of his work that might be prejudicial to his honour or reputation (otherwise known as rights of paternity and integrity). The foregoing rights are exercisable by the creator. The central right of “control” mean that he can use the work himself, can give permission to someone else to use the work or prohibit someone else from using the work. The general principle is that, copyright protected works cannot be used without the authorisation of the owner of rights,[53] which is protected throughout the life time of the creator and 70 years after the end of the year in which the author dies.[54] The foregoing assessment on creative works is no exception to the musical works protection accorded to musical rights irrespective of gospel or church orientation and least not as it relate to the composers, singers, writers of the URCC/NKST.

With respect to musical protocols, the Act defines a musical work as “any musical composition irrespective of musical quality and it include works composed for musical accomplishment”[55].Musical works may consist of songs, choruses, opera, musicals, and may be composed for instrument (solos), a few (Sonatas chamber music etc ) or many bands, orchestra etc[56]. Musical composition is defined to consist of chorus, juju songs, rock and roll, jazz, gospel, or solo[57]. An arrangement of old music which amount to a new work[58], or an adoption of an existing work for a different instrument[59] will equally amount to a protectable musical work. The key word that qualifies a work as ‘musical’ is ‘composition’ in that, it is this element that distinguishes a musical work from mere lyrics; the first qualifies as a musical while the second is literary work[60]. The English court in Chappell &Co Ltd v Redwood Music Ltd[61] held that the music and lyrics of a song each had its own separate copyright and that a song in which the words were written by one person and the music by another was neither a collective work nor was there a separate and independent copyright in the resulting song

The nature of copyright in musical work in Nigeria is the exclusive right of the owner in whose name it is imprinted to control the doing of any or all of the following acts;

  • Reproduction of the work in any form.
  • Performance of the work in public.
  • Distribution of copies of the work for commercial purpose, either by way of rentals, lease, hire, loan, or similar arrangement;
  • Broadcasting or communication of the music by the use of loudspeakers or any similar device; and
  • Adaptation of the work[62].

The category of musical works span all genres and seems to be the most generic of all eligible works except for the key word, being “composition” which element distinguishes a musical work from mere lyrics; The first qualify as a musical work while the second is a literary work, both musical and lyrics are different with each having its own separate copyright. Furthermore, a musician who composes music or writes a song is the author of a musical work. A producer who controls the recording the recording of some sound creates a sound recording. If the recording is put on a compact disc, the CD is both a copy of the musical work and a phono-record of the sound recording. Anyone who makes an unauthorized copy of the recording potentially infringes two copyrights: The Musician’s copyright in the musical work and the Producers copyright in the sound recording[63].

It is important to understand that, the copyright Act does not define musical work in any language that suggests writing or other graphic representation. What  is required, as in the case with literary and artistic works is that, the musical work should be fixed in a medium of expression (present or future) from which it can be perceived, reproduced, or otherwise communicated (either directly or with the aid of a device)[64](emphasis mine). According to Asein[65] while citing the case of Anikulapo Kuti V Iseli the requirement of fixation simply means that the musical work must be in a tangible medium without specifying the particular form it must take and this was evident in the Anikulapo Kuti’s case, where the court was persuade d by evidence that Fela was in the habit of composing his music and recording them on cassettes.

Song writing may be a solo activity or a collaborative effort. In some writing partnership, there is a clear distinction between the person who writes the musical work and the person who writes the lyrics. Alternatively, two or more people may have worked on the musical work or lyrics as a joint activity. In such cases, it means that each person has made an equal contribution to the establishment and authorship of the particular musical work or lyrics or it may be that the respective contributions are quite different and the collaborators want to recognise those differences in contribution by allocating different percentages of ownership and share of revenue.

There exist three forms of ownership in music and are distinctively separate. These include, (a) Musical work (melody, harmony, rhythm);(b) Lyrics;(c) Sound Recording. The necessary implication of the foregoing is that, a song is a combination of two different copyright works namely, the musical work and the lyrics. Each of these separate copyrights can be owned by either the same person, different people, or to make things even more complicated, by a number of different people within each separate copyright.

The owners of copyright in the musical work or the lyrics have the exclusive right[66] to:

  • Reproduce the work in any material form (or copy the song such as by making a sound recording or music video, photocoping sheet music, making CDs or electronic copies)emphasis mine to denote music content.
  • Publish the work (… the song) emphasis mine.
  • Perform the work in public (… song in public) emphasis mine.

(vii)   Broadcast or communicate the work to the public by a loudspeaker or any other similar device (…communicate the song to the public such as by radio, television or internet) emphasis mine.

The owner of the copyright in Sound Recording has the exclusive right to: (a) Make a copy of the sound recording; (b) Cause the Sound Recording to be heard in public; (c) Communicate the Sound Recording to the public; (d) Enter into commercial rental arrangement in respect of the Sound Recording. It is important to observe that, copyright exist in the sound recording separate and in addition to the copyright in music work and the lyrics and in order to record a song, the copyright owners in the musical work and the lyrics must reach an agreement to exercise their exclusive rights. The necessary implications of the foregoing provisions are that, greater portions of the music sung by church choirs and congregations are protected by copyright law. Coping and distributing written music are some of the key rights reserved to the Composer, lyricist or Publishers of music pieces. Unauthorised copying of music or songs from hymnal books violates copyright law and infringes on the copyright owner’s intellectual property rights.

Comparatively, in the United States of America, the exclusive right to perform a song in public or to licence its performance to the public is limited and the church exempted for musical works “in the course of services at a place of worship or other religious assemblies.”[67]  With reference to music recording, the United States position on the subject is further worth examining. The Copyright law exemption for religious performance of music only exempt live performance,[68] and does not authorize video or audio recording of that performance. Instructive on this issue is the referencing of the Presbyterian Church Order of the United States of America on the subject which provides that, the person seeking permission to record should locate the copyright holder through searching the copyright office or through an internet search and requesting for permission to record the performance.[69] Equally amounting to musical right infringement is sharing of copyrighted work on social media[70] without the author’s permission is effectively “publishing the work” or “communicating the work publicly”, thus amounting to copyright infringement. Infringement online or in the digital age effectively amounts to virtual damage done to copyright holders who have no control as to how far and wide their works can go and be utilized.

5.2       Gospel Music and Rights holders’ Development paradigm

The research has identified five right holders within the copyright paradigm that can benefit substantially in economic gains and moral obligation namely, the composer of the musical scores; the author of the lyrics; the publisher of the scores; the performers of the works and the producers of the sound recording. Within the church development, the song composers comprises the 737 authors (both living and no longer living) as indicated under appendix…. and may in appropriate circumstances double as authors of the lyrics. The right to be named as the author of the work (‘authorship right’ or paternity right) as well as the right to protect the integrity of the work. However, as earlier observed, Tiv language was basically oral and the language had no written form until the coming into contact with the Missionaries. The consequential effect of this practice on the stereotyped concept of authorship as recognised under the copyright was nonexistent. The publishers[71] and producers[72] (although not in recognised technical term) is vested in the Lamp and Word Department of NKST/URCC while the performing of the performer[73] reside in when the composed song is being sang in a presence of the audience.

Gospel music composition, song writing, song publishing, song (sound) recording can be owned, transmitted and assigned in the same way as physical or movable or tangible property. With respect to the Act, author in the case of …musical works, means the creator of the work.[74]This means that the writer of the songs or the composer of the songs will qualify as an author for that purpose and may in appropriate circumstances qualify as a performer while, author in the case of sound recording, means the person by whom the arrangement for the making of the sound recording were except that in the case of sound recording of musical works, author means the artist in whose name the recording was made, unless in either case the parties to the making of sound recording, provide otherwise by contract.[75] Gospel performers’ right is granted by virtue of Section 26(1) of the Act that confers on the performer the exclusive right to control the performing and recording of his performances, the broadcasting live and reproduction of his performances in any material form and adaptation of the performance. The definition of performer is given to include a dramatic performer (which include dance and mime)[76] and a musical performance.[77] Commenting on the forgoing, an author argues that, the right to control granted to the performer under section 26 is derived from ownership perspectives and that licensing of performers rights is not well enshrined under the Nigerian Copyright Act although paragraph 5 of the Third Schedule to the copyright Act contains provisions in respect of licensing of the records which comprise of a performance or a musical work and the author argued for the inclusion of provision relating to the percentage of remuneration payable to the performer in respect of licensing of the record which comprise performance.[78] This analysis is of much application to the publishers of the gospel hymnal books notably the Lamb and word book.

The rights of the performers are further fortified under Section 28(a) of the Act which makes provisions for infringements.  The section provide to the effect that, a performer’s right is infringed by a person, who without the consent of the performer or authorisation in writing, records the whole or substantial part of a live performance, provided that where the consent sought is for the purpose of making a recording of the work for research, private or domestic use, such consent shall not be unreasonably refused.

The NKST policy[79]on copyright provides that, “NKST shall have copyright of all her songs, films and any other material of the church and shall enforce all rights attendant thereto”[80]. Flowing from the foregoing, the policy provide that, “consequent upon the foregoing, writers of books founded on church resource, song composers and actors of movies, et cetera processed and accepted by the church shall not have copyright of such materials”. [81] Additionally, “In order to curtail incidents of piracy, all publications must be carried out under the NKST copyright. Any persons using the NKST copyright shall pay an amount to be fixed by the regulatory authority on behalf of the NKST Synod.[82] Subsection (d) provides that, “No part of the church’s resource in any form whatsoever may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical,  photocopying, recording or otherwise, without the prior written permission of the regulatory authority on behalf of the NKST Synod”.

The foregoing provisions reveal that, the church does take ownership of copyright embedded in their gospel songs and hymns. The composers invariably do not take any form of copyright and do not share in any entitlement or proceeds of their creative endeavour. The church is very much aware of piracy and has taken steps to prohibit same however, the extent to which these provisions are enforced is far from desire

6.1 Data Analysis and Discussion of Findings

This section deals with data presentation, analysis and discussion of findings of the research. In all, 112 respondents were selected for the research representing at least 20% of the study population of 702 writers and composers of musical songs for URCC. Out of this population, 92 respondents comprising the right owners, marketers and distributors, composers and writers of musical songs were studied using interview and questionnaires that were directly administered to them through purposive sampling technique. Additionally, 20 Pastors as policy makers and regulators in protecting copyright law were studied through focused group discussion. The primary data is thus descriptively presented in various sections as follows:

 

6.2 Descriptive Statistics

Table 6.1 Age Distribution of the Respondents

Age Frequency Percentage Cumulative Percentage
18-25 30 26.78 26.78
26-35 50 44.64 71.42
36-49 08 7.14 78.5
50 and above 24 21.43 100
Total 112 100  

             Source: Field Survey, 2019.

The descriptive statistical analysis in this section comprises of both the composers/writers and policy makers of the URCC. The result of Table 6.1 above shows that majority of the respondents sampled representing 44.64% were within the age bracket of 26-35 years of age. Those within the age bracket of 18-25 years constituted 26.78%. Those within the age bracket of 36-49 years were only few (7.14%) while those above 50 years constituted 21.43%. The distribution of the respondents signifies that energetic young people between the age bracket of 18 and 35 years have dominated gospel music in the URCC. This result is a deviation from the ancient practice in which gospel music in the church was left in the hands of old people like Fate, Diogo and Zuzu. Today, very energetic young people like Ter Adule have taken over the gospel musical landscape of the URCC gospel musical songs.

 

 

Table 6.2 Sex Distribution of the Respondents

Sex Frequency Percentage Cumulative Percentage
Male 80 71.42 71.42
Female 32 28.58 100
Total 112 100  

             Source: Field Survey, 2019.

Result from Table 6.2 above shows that the male population dominated the sampled respondents representing 71.42% while the female population was only left at 28.58%. The implication is quite simple and interesting. The female are more actively involved in singing and entertainment during church activities than writing and composing which requires a unique talent and minimum literacy. The summary result in Table 6.2 is collaborated by the bar chart and pie chart depicted below.

 

Table 6.3 Educational Distribution of the Respondents

Qualification Frequency Percentage Cumulative Percentage
School Leaving 5 4.46 4.46
School Certificate 6 5.37 9.82
NCE/Diploma 41 36.60 46.42
First Degree 51 45.54 91.95
Postgraduate 6 5.37 97.32
None 3 2.68 100
Total 112 100  

             Source: Field Survey, 2019.

In the chart, SL represents school leaving, SC stands for school certificate while PG is for postgraduate qualification. The result of Table 6.3 above and the bar chart depicted shows that majority of respondents sampled were educated up to first degree level. They constituted 45.54% of the respondents while NCE/Diploma holders represented 36.60%. In fact, there were few Postgraduate respondents representing 5.37%. This signifies that writing and composition of musical songs in the URCC is a literate and spiritual assignment done mostly by educated members of the church. Although, uneducated members of the church endowed with the spiritual talent are not prevented from composing or writing songs as can be seen from the limited number of school leavers and school certificate holders that have composed songs in limited percentages of 4.46% and 5.37% respectively.

 6.3 The Cost-Benefit Analysis of Writers/Composers Knowledge of Copyright Law

Table 6.4 How Long have you been composing Gospel Songs

How long Frequency Percentage Cumulative Percentage
Less than 2 yrs 6 6.52 6.52
2-5 yrs 39 42.4 48.92
5.9 yrs 22 23.9 72.82
10 yrs and above 25 27.18 100
Total 92 100  

     Source: Field Survey, 2019

The result of Table 6.4 above shows the distribution of the respondents’ view on how long they have been writing and composing songs for the church. It can be easily summarized that majority of the composers/writers have spent over 2 years in composing gospel songs for the church. This implies that the composers/writers must have acquired enough experience in their chosen spiritual work for God.

 

 

 

Table 6.5 How many of your songs are received/accepted for use in church

No of Songs Frequency Percentage Cumulative Percentage
1-5 55 59.78 59.78
6-10 27 29.35 89.13
11-15 4 4.39 93.53
16+ 6 6.52 100
Total 92 100  

     Source: Field Survey, 2019

Table 6.5 above shows the respondents’ views on how many of their songs have been received and accepted for use in the church. The result showed that the church has received and accepted 1-5 songs from 59.78% of the respondents and 6-10 songs from 29.35% of the respondents. Altogether, 89.13% of the respondents wrote/composed and submitted between 1-10 songs to the church. This is in line with the practical evidence that some respondents have submitted more than 16 songs to the church. Ephraim Eryum Zuzu, Chia Diogo and Timothy Ter Adule are among the numerous writers/composers who have submitted more than 16 songs to the church over the years.

Table 6.6 How much does it cost to compose a Song

Cost of Song Frequency Percentage Cumulative Percentage
Less than #1000 59 61.13 61.13
Less than #5000 21 22.82 83.95
Less than #10000 9 9.78 93.73
More than #10000 3 3.26 100
Total 92 100  

     Source: Field Survey, 2019

The cost of writing and composing a song in URCC differs significantly from song to song depending on the number of verses contained therein. To this end, the respondents picked different cost implication. It is however very pertinent to know that majority of the respondents constituting 61.13% spent less than #1000 to produce a song for the church. 22.82% spent more than #1000 but less than #5000. On the average therefore, the respondents spent between #1000 and #5000 to produce a song. The cost normally comes from writing, typing and printing of such songs. This is multiplied by the number of songs produced and the various levels such as church, catechism, consistory, classis and the entire Tiv congress where the songs are usually presented in an annual congress.

Table 6.7 How much money is realized from sale of a Song

Sale of Song Frequency Percentage Cumulative Percentage
Less than #1000 22 23.91 23.91
Less than #5000 22 23.91 47.82
Less than #10000 19 20.66 67.86
More than #10000 29 31.52 100
Total 92 100  

     Source: Field Survey, 2019

In Table 6.7 above, while some of the respondents earned between #1000 and #5000 from the sale of their gospel songs, majority of the respondents representing 31.52% sold their songs at more than #10000. The cost-benefit analysis here relates to comparing the average production cost (AC) and the average sales (AR) of musical songs. That is #1000 < #10000. It is therefore profitable in writing/composing musical songs for the church, even though the spiritual motive is adjudged ahead of the profit motive.

Table 6.8 Do you know of Copyright Law on Musical Songs

Response Frequency Percentage Cumulative Percentage
Yes 64 69.57 69.57
No 28 30.43 100
Total 92 100  

             Source: Field Survey, 2019.

In Table 6.8 above, 60.57% of the respondents are very much aware of the existence of copyright law on musical songs. This is succinctly depicted by the bar and pie chart below:

 

Table 6.9 Do you know Copyright law exist and are strong to protect your songs.

Response Frequency Percentage Cumulative Percentage
Strongly Agree 22 23.91 23.91
Strongly Disagree 4 4.39 28.3
Agree 20 21.62 49.92
Disagree 38 41.30 91.22
Undecided 8 8.78 100
Total 92 100  

     Source: Field Survey, 2019

SA represents strongly agree, SD is strongly disagree, AG is simply agree, DG is disagree while UD is undecided. Table 6.9 and the bar chart above seek to unveil whether or not the respondents are aware of the capacity of copyright law to protect their songs from piracy. From their responses, it can be seen that majority of the sampled respondents representing 41.30% disagreed with the effect of copyright law on their songs.

Table 6.10 Do you know that your songs are been pirated?

Response Frequency Percentage Cumulative Percentage
Yes 81 88.04 88.04
No 11 11,96 100
Total 92 100  

             Source: Field Survey, 2019.

In Table 6.10 above, the respondents accepted that their songs are been pirated. This is usually done by the recorders and marketers without the consent of the owners which motive is purely profit making and to deprive the song owners of the fruit of their labour. This is a clear contravention of Section 28(a) of the Copyright Act of Nigeria that such constitutes an infringement on one’s creative right. See pictorial representation for more details:

 

 

 

Table 6.11 Are you always consulted before your songs are recorded and sold out?

Response Frequency Percentage Cumulative Percentage
Yes 19 20.66 20.66
No 73 79.34 79.34
Total 92 100  

             Source: Field Survey, 2019.

In further violation of Section 28(a) of the Copyright Act, majority of the respondents were not consulted before their songs were mass produced and sold to the members of the public. 79.34% of the respondents opted for this option as against 20.66% who accepted that they were actually consulted before their spiritual works were duplicated and used. A bar chart is depicted to further drive this idea home.

 

 

Table 6.12 Have you ever received royalty payment for composing songs?

Response Frequency Percentage Cumulative Percentage
Yes 00 00 00
No 92 100 100
Total 92 100  

             Source: Field Survey, 2019.

In Table 6.12 above, all the respondents in a unanimous view rejected the notion that they were been given royalty payments by the church for composing musical songs. They contended that their spiritual talent or endowment from God is free and is freely donated in serving God, even though; profit is made outside the church.

Table 6.13 Are you happy that your songs are been pirated

Response Frequency Percentage Cumulative Percentage
Yes 12 13.05 13.05
No 80 86.95 100
Total 92 100  

             Source: Field Survey, 2019.

 

In Table 6.13 and charts above, majority of the respondents are not happy that their songs are been pirated on a daily basis for profit motive. They expressed their anger on the church for depriving them of any royalty payment at the expense of pirates who reproduce and distribute their songs openly and loudly across the country for monetary gains. At least, 86.95% of the respondents opted for such opinion. This led to the subsequent question which the researcher sought to know whether or not the church or the choir regulators are aware of the plight of writers/composers in the hands of pirates. Detailed responses as captured in Table 6.14 below. A perusal look Table 6.14 below shows that the church is aware of piracy and massive abuse with outright disregard to copyright law, the musical songs composed by their members.  As can be seen, 58.69% of the respondents agreed that the church is fully aware of continued piracy.

 

 

 

Table 6.14 Is the church aware and have taken action to control piracy of songs

Response Frequency Percentage Cumulative Percentage
Yes 54 58.69 58.69
No 38 41.31 100
Total 92 100  

             Source: Field Survey, 2019.

6.4 Role of Policy Makers in Protecting Copyright Law in URCC

Table 6.15 Is the URCC aware of copyright law and piracy of her songs

Response Frequency Percentage Cumulative Percentage
Yes 15 75 75
No 5 25 100
Total 20 100  

             Source: Field Survey, 2019.

 

The respondents’ view in Table 6.15 and the chart above is a replica of the view in Table 6.14. Majority of the church policy makers or church leaders representing 75% responded positively that the church is aware of piracy and copyright law to protect her songs. Thus, the view by writers and composers that the church is aware of piracy and abuse of copyright laws does not contradict the opinion and view of the church leaders. If the church is aware, what then is the church doing in that regard? This has taken us to Table 6.16 where the researcher seeks to unravel the church doctrine on this ugly development.

 

Table 6.16 What is the church doctrine concerning piracy

Response Frequency Percentage Cumulative Percentage
Prohibited 2 10 30
Encouraged 00 00 30
No Regulation 12 60 90
Condemned 6 30 100
Total 20 100  

Source: Field Survey, 2019.

Where P stands for prohibited, E for encouraged, N for no regulation and C for condemned. In Table 6.16 and chart above, 60% of the respondents contended that the church has no notable regulation on piracy of her songs. 30% of the respondents said, piracy is condemnable in its entire ramification and 10% of the respondents said it is prohibited. This result signifies that even though, the church is aware of piracy and other dimensions of abuse of copyright law on her songs, it has not taken concrete legal steps in seeking adequate redress. The church being a spiritual organization may feel reluctant in seeking for absolute implementation of the law. As such, the pirates are peacefully operating illegal business on church properties.

 

Table 6.17 Is gospel musical development a crucial component of church development

Response Frequency Percentage Cumulative Percentage
Yes 20 100 100
No 00 00 100
Total 20 100  

             Source: Field Survey, 2019.

To finalize discussion on this research, it was pertinent to know if musical development is a crucial component of church development in the URCC. In a unanimous agreement, the church leaders accepted that musical development constitute one of the greatest pillars of church development. As such, songs and other musical instruments have gradually gained prominence in the church due to the huge importance the church has attached to the choir as an integral part of Sacred Liturgy.

It is further contended that when the word of God is necessarily communicated by the imperfect medium of human language, the essential message of the mysterium must remain unutterable and uninterpretable. Two media that can help bridge this gap between humanity and divinity are silence and music. Music in particular, can illuminate the essential elements of the text to aid understanding. Sacred music or songs therefore makes the word of God accessible to the congregation and at the same time leading them onwards to “lift up their hearts”.

6.5 Discussion of Findings

The research was undertaken to investigate the level of awareness among gospel songs artists of the URCC and the extent to which copyright law can protest their creative and intellectual products. To do so, a cost-benefit analysis approach was deemed pertinent while a descriptive statistical analysis was adopted to analyze the primary data which was gathered from 112 respondents out of which 92 were writers/composers of musical songs and 20 were policy makers as church leaders.

The results showed the age distribution of the respondents to favour the young people than the old. It specifically signifies that energetic young people between the age bracket of 18 and 35 years have dominated gospel music in the URCC during the period of the study. The sex distribution shows that the male population dominated the sampled respondents representing 71.42% while the female population was only left at 28.58%. On educational attainment, the result shows that majority of respondents sampled were educated up to first degree level. They constituted 45.54% of the respondents while NCE/Diploma holders represented 36.60%. Altogether, 89.13% of the respondents wrote/composed and submitted between 1-10 songs to the church, which is in line with the practical evidence that some respondents have submitted more than 16 songs to the church. Ephraim Eryum Zuzu, Chia Diogo and Timothy Ter Adule are among the numerous writers/composers who have submitted more than 16 songs to the church over the years.

The cost- benefit analysis done relates in comparing the average production cost (AC) of a song and the average sales (AR) of a musical song. That is #1000 < #10000. It was thus profitable in writing/composing musical songs for the church, even though the spiritual motive was adjudged ahead of the profit motive. In a related development, the respondents accepted that their songs were been pirated. This was usually done by the recorders and marketers without their consent purely for profit making.

The policy makers or church leaders representing 75% responded positively that the church is aware of piracy and copyright laws to protect her songs. Although, the church is aware of piracy and other dimensions of abuse of copyright law of her songs, it has not taken concrete legal steps in seeking adequate redress in as much as musical development constitute one of the greatest pillars of church development.

7.1 Conclusion

It can be concluded on the basis of reviewed literature and data analysis that, it is relatively profitable to write and compose a song for use in the URCC even though the motive is not usually profit driven. It is further concluded that piracy exist to the knowledge of both the writers/composers and policy regulators but no concrete legal action is taken to remedy the ugly development. The church is reluctant in seeking enforcement of the relevant provisions of the Copyright Act to the detriment of the musical gospel artists and at the benefit of pirates who operates freely with limited or no restriction at all from the church.     

7.2 Policy Recommendations

  1. In line with modernity, there is the need for the church to create or organize aggressive campaigns aimed at educating their members particularly writers/composers of gospel songs of the negative effects of piracy on their intellectual endowment. This will be capable of blocking all loopholes or leakages through which musical songs are leaked to the pirating society.
  2. There is the urgent need for the church to put in place a taskforce to regulate the production and sale/distribution of her musical works. This will financially benefit the writers/composers and the church at the expense of the pirates.

iii. The church must make a definite pronouncement about her policy on piracy and must be willing to take the necessary legal steps in seeking enforcement of the relevant provisions of the Copyright Act. This will send the necessary signals to those whose motive is to reap where they did not sow.

  1. The fact that musical songs are a crucial component of church development, the church must initiate a way of motivating the artist. Motivation is the key to optimum performance in most organizations and the church must think of a motivating package no matter how little it is.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Questionnaire on “Cost benefit analysis of Gospel Musical practice among the Universal Reform Christian Church (URCC/NKST) of Nigeria: Survey on Creative Right Holders’ Development

 

Dear Respondent,

 

I am Dr. Joseph Jar Kur, An Associate Professor in the Department of International Law and Jurisprudence, Benue State University, Makurdi. I write to seek your indulgence to kindly fill this questionnaire to enable me   gather data for the above academic research for my own development.  This questionnaire is intended to gather data for research on the above topic. It is a private research for academic purposes please. The information provided in this questionnaire will be held confidential and used for research purpose only.

 

Questionnaire for Right Owners and Composers

Section A: Descriptive Statistics

  1. Age (a) 18 – 25 years [   ]       (b) 26 – 35 years [   ]            (c) 36 – 49 years [   ]       (d) 50 years and above [   ]
  2. Sex (a) Male [   ]        (b) Female [   ]
  3. Educational Qualification

(a) First Scholl Leaving Certificate [   ]           (b) School Certificate   [   ]

(c) NCE/Diploma        (d) First Degree [   ]        (e) Postgraduate Degree [   ]

(e) None of the above [   ]

Section B: Writers/Composers

  1. How long have you been writing/composing gospel songs?

(a) less than 2 years [   ]  (b) 2-5 years  [   ]   (c) 5-9 years   (d) 10 years and above [   ]

  1. How many songs have you composed so far?
  • 1-5 [   ]      (b) 6-10  [   ]     (c) 11-15 [   ]    (d) 16 – above [   ]
  1. How many songs are received and accepted for use in NKST/URCC church?
  • 1-5 [ ]    (b) 6-10 [   ]    (c) 11-15 [   ]     (d) 16 – above [   ]
  1. How long does it take you to compose a song
  • 1 year [ ]    (b) 2-5 years [   ]    (c) 6-10 years [   ]
  1. How much does it cost you to compose a song?
  • Less than N1,000 [ ]    (b) less than N5,000 [   ]    (c) less than N10,000 [   ]

(d) more than N10,000 [   ]

  1. How much money have you realized from sale of one of your songs?

(a) Less than N1,000 [   ]    (b) less than N5,000 [   ]    (c) less than N10,000 [   ]

(d) more than N10,000 [   ]

  1. Do you know of copyright in music?
  • Yes [   ]      (b) No [   ]
  1. Do you know that you have copyright over your songs?
  • Yes [ ]      (b) No [   ]
  1. Do you write down your composed songs before performing same?
  • Yes [ ]     (b) No [   ]
  1. Do you know that copyright laws exist and are very sound and strong to protect your songs in the church?
  • Strongly agree [ ]     (b) Strongly disagree [   ]    (c) Agree [   ]   (d) disagree [   ]

(e) Undecided

  1. Have you ever received as Royalty payment from the church for composing gospel songs?
  • Yes [ ]     (b) No [   ]    (c) Unaware
  1. Do you know that your songs are recorded by third parties and sold to the general public for monetary consideration?
  • Yes [ ]    (b) No
  1. If your nos 14 is Yes, how much have you ever being paid as Royalty?

…………………………………………………………………………………………

  1. Do you know of privacy?
  • Yes [ ]     (b) No [   ]
  1. Have you ever being consulted and permission granted to the recording and subsequent sale of the recordings by you?
  • Yes [ ]      (b) No [   ]
  1. If your (answer to question 17) is yes, are you happy that your songs are been pirated?
  • Yes [ ]     (b) No [   ]
  1. If your answer to question 18 is No, have you ever reported the matter to an authority?
  • Yes [ ]     (b) No [   ]
  1. Do the NKST/URCC church taken action to control piracy of your songs to your knowledge?
  • Yes [ ]    (b) No [   ]

Questionnaire on “Cost benefit analysis of Gospel Musical practice among the Universal Reform Christian Church (URCC/NKST) of Nigeria: Survey on Creative Right Holders’ Development

 

Dear Respondent,

 

I am Dr. Joseph Jar Kur, An Associate Professor in the Department of International Law and Jurisprudence, Benue State University, Makurdi. I write to attest that, I am a bonafide member of NKST.

 

This questionnaire is intended to gather data for research on the above topic. It is a private research for academic purposes please. The information provided in this questionnaire will be held confidential and used for research purpose only.

 

Questionnaire for Policy Makers

Section A: Descriptive Statistics

  1. Age (a) 18 – 25 years [   ]       (b) 26 – 35 years [   ]            (c) 36 – 49 years [   ]       (d) 50 years and above [   ]
  2. Sex (a) Male [   ]        (b) Female [   ]
  3. Educational Qualification

(a) First Scholl Leaving Certificate [   ]           (b) School Certificate   [   ]

(c) NCE/Diploma        (d) First Degree [   ]        (e) Postgraduate Degree [   ]

(e) None of the above [   ]

Section B: Policy Makers

  1. Is the NKST/URCC church aware of copyright laws and piracy in the songs it use?
  • Yes [ ]    (b) No [   ]
  1. If yes, what is the main church doctrine concerning songs piracy?
  • Prohibit [ ]    (b) Encouraged [   ]   (c) No regulation  [   ]   (d) Condemnation [   ]
  1. Does your church pay royalties to writers/composers of gospel songs it use?
  • Yes [ ]     (b) No [   ]
  1. What is the general role of the church in gospel musical development?

…………………………………………………………………………………………..

  1. Is gospel musical development a crucial component of church development?
  • Yes [ ]    (b) No [   ]

 

Questionnaire on “Cost benefit analysis of Gospel Musical practice among the Universal Reform Christian Church (URCC/NKST) of Nigeria: Survey on Creative Right Holders’ Development

 

Dear Respondent,

 

I am Dr. Joseph Jar Kur, An Associate Professor in the Department of International Law and Jurisprudence, Benue State University, Makurdi. I write to attest that, I am a bonafide member of NKST.

 

This questionnaire is intended to gather data for research on the above topic. It is a private research for academic purposes please. The information provided in this questionnaire will be held confidential and used for research purpose only.

 

Questionnaire for Marketers/Distributors

Section A: Descriptive Statistics

  1. Age (a) 18 – 25 years [   ]       (b) 26 – 35 years [   ]            (c) 36 – 49 years [   ]       (d) 50 years and above [   ]
  2. Sex (a) Male [   ]        (b) Female [   ]
  3. Educational Qualification

(a) First Scholl Leaving Certificate [   ]           (b) School Certificate   [   ]

(c) NCE/Diploma        (d) First Degree [   ]        (e) Postgraduate Degree [   ]

(e) None of the above [   ]

Section B: Marketers/Distribution

  1. Why do you specialize in marketing/distribution NKST songs?
  • Financial gains [ ]    (b) Employment [   ]   (c) Directives [   ]  (d) contract [   ]
  1. Are you aware of copyright laws on the songs you market/distribute to the public law
  • Yes [ ]    (b) No [   ]
  1. Do you always contact the rightful owners of the songs before recording/distributing them to the public?
  • Yes [ ]    (b) No [   ]
  1. Are you aware that piracy is a criminal offence and is punishable by law?
  • Yes [ ]    (b) No [   ]
  1. Do you know that the right owners of the songs cost during song compositions that desires some financial benefits? (a) Yes [   ]    (b) No [   ]

Questionnaire on “Cost benefit analysis of Gospel Musical practice among the Universal Reform Christian Church (URCC/NKST) of Nigeria: Survey on Creative Right Holders’ Development

 

Dear Respondent,

 

I am Dr. Joseph Jar Kur, An Associate Professor in the Department of International Law and Jurisprudence, Benue State University, Makurdi. I write to attest that, I am a bonafide member of NKST.

 

This questionnaire is intended to gather data for research on the above topic. It is a private research for academic purposes please. The information provided in this questionnaire will be held confidential and used for research purpose only.

 

Questionnaire for level of awareness among the consuming Public and Church Members

Section A: Descriptive Statistics

  1. Age (a) 18 – 25 years [   ]       (b) 26 – 35 years [   ]            (c) 36 – 49 years [   ]       (d) 50 years and above [   ]
  2. Sex (a) Male [   ]        (b) Female [   ]
  3. Educational Qualification

(a) First Scholl Leaving Certificate [   ]           (b) School Certificate   [   ]

(c) NCE/Diploma        (d) First Degree [   ]        (e) Postgraduate Degree [   ]

(e) None of the above [   ]

Section B:

  1. Are you aware of copyright law?
  • Yes [ ]    (b) No [   ]
  1. Are you aware of copyright in gospel music (Astam aa NKST)?
  • Yes [ ]    (b) No [   ]
  1. Astam aa NKST (gospel songs) are an indispensable component of the church service
  • Strongly agree [ ]   (b) Strongly disagree [   ]  (c) Agree [   ]   (d) Disagree [   ]

(e) Undecided [   ]

  1. Are you are of (Astam aa NSKT) gospel music copyright infringement?
  • Yes [ ]     (b) [   ]

 

  1. To what extent are you aware of gospel music content infringement?
  • Great extent [  ]    (b) Some extent [   ]    (c) Little extent [   ]   (d) No extent [   ]
  1. Ways in which astam aa NKST being infringed include recording of the songs on mobile sets, radio cassettes recorders, MP3 etc. at MKOHOL of atsam (NKST choirs) etc
  • Strongly agree[ ]  (b) Strongly Disagree [   ]  (c) Agree [   ] (d) Disagree [   ]

(e) Undecided [   ]

  1. Since I’m using astam aa NKST as a method of spreading the gospel of God, I do not understand that I may be infringing on the creative rights of the composers
  • Strongly agree [ ]    (b) Strongly disagree [   ]  (c) Agree [   ]  (d) Disagree [   ]

(e) Undecided [   ]

  1. Where do you acquire or purchase an NKST gospel song in cassette or CD?
  • Songwriter [ ]    (b) Song marketer [   ]    (c) Record companies [   ]
  1. Gospel Authors and Composers make money from royalties on cassettes or disks sold; Royalties on air play; Royalties on church performance; Royalties on recording; Royalties on commercial opportunities for their work
  • Strongly agree [ ]    (b) Strongly disagree [   ]   (c) Agree [   ]     (d) Disagree [   ]

(e) Undecided [   ]

 

 

 

 

 

Associate Professor, Department of International Law and Jurisprudence, Benue State University, Makurdi-Benue State-Nigeria +2348035917744  (jkur@bsum.edu.ng)

 

[1] Piracy in common usage refers to robbery in the high seas but figuratively, it is used to label copyright infringements. Piracy therefore is the illegal reproduction of copyright works.

[2] This involves facsimile reproduction of the original sound recording without the permission of Owner. Counterfeit copies do contain the same materials as the legitimate releases. In most instances, the distinguishing factor between the two is that the sound or visual quality of the illegal reproduction is usually inferior.

[3] A bootleg recording or bootlegging is an audio or video recording of a performance that was not officially released by the artist or under other legal authority. The process of making and distributing such recordings is known as bootlegging. See Black’s Law Dictionary 8th edn

[4] CN Osigwe Contemporary Nigeria Church Music: A Search for True Identity and Cultural Relevance
(2016)4 No.2 International Journal of Music and Performing Arts 67

[5]  Kombol, Alom and Ogi “ Influence of Idyu Ka Inya I Teen Ga on selected voters during the 2015 Makurdi/Guma Federal Constituency” in Adejir&Udu, Tiv Language,Culture and Political Economy (Gold Ink Company)281

[6] Webber as cited in (n2)

[7] Nietsche as cited in (n2)

[8] Oxford Advanced Learner Dictionary 816

[9] Section 39 Copyright Act,Cap 28 LFN 2004

[10] David Bainbridge, Intellectual Property Law ( Pitman Publishers co.1991)19

[11] To m Crone as quoted in DF Tom, Intellectual Property Rights and Musical Practice in Nigeria(2008) LCULJ Vol 1 p96

[12] Section 39(n1)

[13] Uwe&Flick, An Introduction to qualitative research, 3rd edn (Oxford University Press)20

[14] <https://en.wikipedia.org/wiki/Nigeria>.

[15] Cap LFN 2004

[16] <https://en.wikipedia.org/wiki/Tiv_language>

[17] Annger C NKST Church Kaduna Today ( MO Press 2011)p7

[18] <https://en.wikipedia.org/wiki/Synod>

[19] <http://www.unimkar.edu.ng/>.

[20]

[21] The Holy Bible in Tiv is published as Icighan Bibilo by The Bible Society of Nigeria with full complement of copyright with ISBN 978-978-2492-36-4 Tiv 053

[22]  Akpenpuun Dzurgba, ‘The Tiv and their Culture’ (John Archers Pubs Ltd 2011) 96

[23]  TT Udu& A Dega ’The Church, Formal Education and the Development of Tiv Language’(n2)

[24] Ayila Orbunde p22

[25] Sinod extract minutes no 510 of 1962

[26] Senod extract of minutes 777 of 1964

[27] Ayila Orbunde P52

[28] Produced and printed by Lamp& Word Books an NKST Literature Dept book

[29] Scripture Union book of L.A. Comm Evangelical Publishers

[30](2015) Jacki Publishers) Compilation by Low Level Classes, Makurdi

[31] JK Udensi,”The Efficacy of Gospel Music in the Unity Church, Nigeria”

[32] King James Bible Version

[33] See extract of minutes of the 2nd Synod of 1958, Resolution 11 as cited in Ayila Orbunde, Tom U Atsam Ken NKST (Lord Shark Communications Ltd 2017) 84-85

[34] Namely the guitar, brass, percussion and keyboard family such as piano,organ, saxophone etc

[35] These are self-sounding instruments which one have to shake them, strike them, or stamp them on one’s feet before they can produce sound i.e. agogo, shekere, udu, agidigbo.

[36] These are instruments made from animal skin and bound round a hollow wood.

[37] These are instruments that make use of strings before they can produce sound i.e. goje, zither

[38] These are instruments that produce sound by means of the air

[39]  It is a set of crafted wooden musical instrument used to compliment festive events which the drummer strike and beat it in a particular pattern to produce the desired sound.

[40] Resolution 11 of sub-committee minutes of 1964 in Ayila Orbunde

[41] Resolution of sub-committee minutes of 1981 in Ayila Orbunde

[42] 1983( it is an instrument like a violin, used for music and dances in conjunction with drums at festivals and dance occasions)

[43] 1984

[44] 1989( kakaki is a royal trumpet used in many west African groups in Nigeria, Niger, Chad and Burkina Faso. This is an instrument used to convey special messages to the people of a community)

[45] 1990

[46] 1997

[47] Askew MK Music, politics and social change in coastal East Africa ( George Washington University: 2003)

[48] Askew MK (n44)

[49] Section 1(1) of the Copyright Act, Cap C.28 LFN, 2004

[50] Section 1(2) ibid

[51] JM Nasir, DN Jangkam and AA Adewole”Online Music and movies and new technological Devices: Challenges confronting collecting societies in Nigeria (2016)36 ABULJ 184

[52] Section 5(1)(a) of the Copyright Act

[53] Section 15

[54] First schedule to the Act

[55] Section 6(a) of the Act

[56]JO  Asein , “Basic Notions of Copyright for Customs Officials” being paper delivered on 29th-31st july,1998 conference organized by NCC and NCS.

[57] Ikechukwu Magnus, Copyright Law (Lagos:Magna press Ltd 1998) p19

[58] Austin V Columbia Gramaphone co (1923)156 LT journal

[59] Wood V Boosey (1808)LR 3 QB

 [60] JO Asein, Nigerian Copyright Law and Practice,2nd Edn 59

[61] (1981)RPC 337

[62] Quoted from Ocheme P. p47 see also Section 5(1) of the Copyright Act, 2004

[63] Mcjohn Stephen, Intellectual Property,3rd Edn (New york: Aspen Publishers 2009)pp42-43

[64]  Anikulapo Kuti V Iseli FHC/L/CS/720/2000

[65] John Asein  Nigerian Copyright Law and Practice,2nd Edn 61

[66] Section 5(1) of the copyright Act

[67] Section 110(3) of the U.S.Code

[68] Cindy Hill “Music Copyright Law for Church praise and Worship  ”http\\info.legalzoom.com visited 22.5.2018

[69] ibid

[70] Social media networks include Facebook, Google+, LinkedIn, Pinterest, Twitter, WasApp, YouTube, Vine

[71] [71] In the music industry, a music publisher or a publishing company is responsible for ensuring the songwriter and composers receive payment when their compositions are used commercially. They also secure commissions for music and promote existing compositions to recording artists.

[72] A music producer oversees and manages the sound recording and production of a band or performers music, which may range from recording one song to recording a lengthy concept album.

[73] A performer is an entertainer like a musician, singer that creatively expresses their artistic talent to an audience. They perform before live audiences at a show or concert.

[74] Section 51 of the Act

[75] ibid

[76] Section 26(a)

[77] Section 26(b)

[78] Dorcas Odunaike, Perfomer’s Rights in Nigeria( Princeton Books 2017)105

[79] NKST Policy of November 2012

 [80] Section 24(n79) p7 emphasis mine

[81] Section 24(b)(n79)  emphasis mine

[82] Section 24(c)(n79)

Write a Comment

Your email address will not be published. Required fields are marked *