Earlier today, I was live on Arise TV’s Globam Business Report Program to examine the provisions of the law on certain intellectual property concerns, particularly as they pertain to Asake’s use of the “Epp me, Epp me” exclamation of Mrs. Otagbor (the police…
Asake Owes No Royalties For ‘Peace Unto You’ – Rapheal Irenen
Rapheal Irenen, Entertainment Lawyer and founder of Temt Africa, spoke to the Global Business Report about Asake’s “Peace Unto You” single and whether or not he owes any Royalties to the Police Officer whose voice he
Firstly, she is not entitled to any royalty accruing from the song. Though her voice was used/sampled in the record, she is not the owner of the video, from which her voice was expunged and used for the said song.
Recall that a video was made where she was seen shouting “Epp me”
@Shoyan33693159
@Mochievous
Nobody rewards anybody with responsibilities. The idea of rewarding people with political positions, is part of the reasons why we are where we are today.
The way she handled her responsibilities at the panel shows how good she is. However, that is not all for political position
Last night, TG Omori tweeted that in due time music video directors will be getting atleast 10% royalties from the streaming income of every music video directed.
Some persons including lawyers have reacted to this, claiming that having been paid, TG Omori does
When I got called to the Nigerian Bar, one of my biggest worries was whether I’ll get into a reputable law firm for my NYSC, and be eventually retained, as I had long desired. It was quite a difficult time for me, to be honest. However, the following month, I was given an offer
I explained better here.
However, this was last year and there is a new Copyright Act now.
But then, the new Act still doesn’t confer copyright ownership on her.
ARTISTS ARRIVING AND PERFORMING LATE AT SHOWS, ARE THERE LEGAL CONCERNS OR LAWS THAT PROHIBITS THIS?
(Thread)
It has become almost a norm, if not a norm, that Nigerian artistes, particularly A-list artistes, arrive late at their Nigerian shows or at shows where they have been
8k people already got their tickets for a 3rd show at the Accor Arena, with Burna?
After tonight, Burna is going back for a 3rd show? And 8k out of 20k Tickets are already sold out?
Nah this is crazy
This isn’t just a Burna win, this is a win for Afrobeats, it is here to stay!
“Epp me”— she is not the owner of that video, despite the fact that she was the main subject of the video. The video belongs to the guy that recorded it. She doesn’t have any intellectual property right (in this case, copyright) in the said video.
For all purposes, the person…
who makes the video, owns the video.
However, she has a right for breach of privacy. Yeah. The video was recorded without her consent, and it was subsequently shared on various social media platforms. This is where she has a case.
Laycon is actually not your regular post BBnaija artiste. If for anything, that BBNaija tag creates a strong prejudice against his sound. Keep BBNaija aside, Laycon is a good artiste.
@topetyez_
This is dicey
I’d say primarily, the guy that recorded. But then, Asake’s use of her voice exposed her to a larger audience, hence, Asake is also liable
But this is the problem, if we hold Asake liable too, we would hold every other person sharing the recorded video liable too.
@chidi_esq
I dont think this sparks off any religious issue. I think these prophets are recognised in the Quran. I am a christian but I have heard muslim faithful talk about Jesus in the Quran.
You see one of the impacts of sampling? Fred Jerkins did not directly produce Burna’s “Last Last” but he was awarded for the said song as a result of Burna sampling a song he produced and co-wrote (He Wasn’t Man enough) in “Last Last”.
Imagine bagging an award through a sample!
.
@burnaboy
’s “Last Last” was awarded the “Most Performed Song” last night at the 2023 BMI London awards 🎉🎊
Producer (
@CHOPSTIIIIX
) & songwriter Fred Jerkins III picked up their first BMI London award plaques 🚀🌟
.
@burnaboy
is the most-steamed artiste on Spotify in Nigeria 🇳🇬 in 2022
“Last Last” is also the most-streamed song on Spotify in Nigeria 🇳🇬 in 2022.
Via (
@TurntableCharts
)
LP has won
1. Senate in Edo
2. Senate in FCT
3. HOR in Lagos
4. HOR in Edo
They will likely sweep the east and some other states in south south and NC.
You see now that some of you were foolish with that impeachment talk? That even if Obi wins, he will not have the NASS.
He owes you royalties from the said song.
However, this is a bit dicey— it is a bit unclear as to where the said VN can be classified under the Nigerian Copyright Act.
Let me explain.
Under the Nigerian Copyright Act, there are six classes of work that are..
I just remembered how I sent my ex a vn of me crying because he was hurting me and this nigga used it for the intro and outro of his song titled ‘Hurting’.
Men are not good people oh😭😭😭😭😭
Edo is largely known for having beautiful women BUT we actually have more handsome men (I know this is hard to believe). We really do have more handsome men!
Stop judging us with our governors! 😭
This is a LIKELY case of copyright infringement.
Also, Call police? Not at all.
I won’t advise my client to do that. Instead I’ll advise my client to get an injunction to prevent you from further using or reselling the said beat, then pray the court to grant us damages for…
Join me tomorrow by 11:45am on
@ARISEtv
as I examine the intricate intellectual property concerns in this current issue between Asake and the viral “Epp Me” police officer.
Do well to tune in.
Intellectual Property discussion 11:45am Monday on
@ARISEtv
with Lawyer
@rapheal_irenen
Comedian
@igosave
says
@asakemusik
donated N5m to the viral “Epp Me” police officer who is injured
Many say she deserves royalties since he sampled her on “Peace Be Unto You”
#asake
860k streams on Spotify in just 2days, peaked no.2 on Nigeria Apple Music chart. Peaked no. 1 on iTunes Ng, peaked no. 1 on Spotify NG chart!
Are you okay?
On Davido and Amaju Pinnick’s dispute, I examined the legal issues from a consumer protection standpoint, highlighting the provisions of the FCCPA that are in breach, as a result of the dispute.
Kindly, learn and share ✌🏾
It is a waste of time to argue Burna’s greatness and prowess with anybody. Honestly speaking, when I see remarks and comments like this one, I am hugely motivated (though I have no interest in becoming a musician) but it teaches me to put in so much hardwork & effort in my field!
Guy, how do you not stan this man!
He extends his record as the first African to perform at
1. The Grammies
2. The BET Awards
3. The Brits Awards
5. Now the BBMAS!
You don’t stan Burna? How do you do it? 😭😭😭😭😭😭😭
On music publishing, it appears most people do not understand what it is.
Let’s break it down.
Firstly, you need to understand that the songs we listen to are divided into two parts— the Music Work (Composition) & the Sound Recording.
Both parts are afforded…
If you are interested in entertainment law, there are certain people you should be following on this app, on LinkedIn and on IG. They will help you learn a lot on entertainment law practice both in Nigeria and internationally. I’ll help you with a list of these people: 👇🏽👇🏽
@inniobaby
@OlumideAkpata
@NigBarAssoc
Isnt this unnecessary?
They didnt appear in court on this.
The call to bar photoshoot is not even a statutory or mandatory thing. So why should this be a priority?
The NBA president should leave pressing issues and address this?
You funny oh
These ones cannot stay with Edo people.
From the mask, the chants he did and his energy on stage, every single has “Edo” written all over it.
Come to B-side and see Bats flying by this time around some landmark places like Oba palace.
I resumed a new job today.
And everything in this thread is what I spoke about during my interview.
I wrote to help others learn. I didn’t see that a day would come when I’d be reading up on my own thread to prepare to help myself
There must be so much personal gain in writing
(THREAD)
While I appreciate that the Constitution of the Federal Republic Nigeria, 1999 (as amended), vests with the various state governments, the authority to make laws on Gaming, lottery, sports betting and promotional competitions, as matters not included in the Exclusive
@topetyez_
May be this too!
It appears being a member of the policy force, your right to privacy is largely waved. I am not certain of this but this may still be the case.
@topetyez_
@rapheal_irenen
I don’t think officers have any right of privacy while on duty, cos the ppro said they can be recorded. So, it’s definitely a long shot.
On this premise, I’ll be speaking at a program organized by
@bronksandmonts
on Twitter space, by 9pm on Sunday. The program is aimed at enlightening bar aspirants and even lawyers on what they need to know with respect to applying to law firms.
Join me
A little education on royalty distribution in music production—
Except an agreement is entered into which states otherwise, the royalty that inures to a producer or any other music composer involved in the composition or production of a song is limited to the royalties…
RAVAGE UPRISING/ My Ancestors bronzes sit in the museum of this very city so I remade mine. Hence, Edo is redefined, the map reshaped, your minds awakened & the mask reborn. Thank you London! 🦇🇬🇧
1. Best Male R&B/Pop
2. Video Director of the year (LAST LAST)
3. Viewers choice awards (LAST LAST)
4. Best International Act.
The most nominations for an African artiste in a single night.
Being used to a tier-1 law firm billing is crazy.
Worked in a law firm that priced legal opinions at almost 5k USD.
Getting an independent work, I’m always tempted to bill very high amount until I remind myself that it’s just me, Rapheal and I do not own a tier-1 law firm😭
Today we answer the call of Justice, we stand on the alter of truth and take the oath of Greatness!
My name is R. E IRENEN Esq.
Today I become a Barrister and Solicitor of the Supreme Court of the Federal Republic of Nigeria⚖⚖⚖
God almighty be praised🙏🏻🙏🏻🙏🏻
Firstly, she is not entitled to any royalty accruing from the song. Though her voice was used/sampled in the record, she is not the owner of the video, from which her voice was expunged and used for the said song.
Recall that a video was made where she was seen shouting “Epp me”
When we make reference to how good Burna is with respect to stage performance, I don’t know why we hardly use this video to buttress our point. Despot not being on stage, this is indeed a masterpiece. An epic performance I must confess!
Burna Boy at the 63rd Grammys, 2021.
At exactly a year ago today, he became the first & only afrobeats artiste to ever perform at the Grammys yet, and the first artiste ever to win the Best World Music category.🏆🦍
May be I need to add this. Nigeria is a fucking classist society. People look down on you for doing just fine. You don’t have to be poor to attract unwarranted disrespect. Being basic, living your normal life is enough for people to disregard you. Why? Because you are not “big”
Everything in Nigeria enables financial crime. We are too poor for the standard we set.
30k minimum wage but self contain is 500k and Internet Nigerians would still tell you 400k salary is poor.
I want to make a thread because examples are too many but I don't have power abeg.
Intellectual property concerns for Social Media Influencers that advertise & Market for brands
As the world advances, new ventures in the media and internet world, emanates. One of the most recent enterprise that technological and internet evolution has birthed is Social Media
.
@burnaboy
's
#GRAMMYs
award winning album "Twice As Tall" has now surpassed
@wizkidayo
's "Sounds From The Other Side" album to become the 10th most streamed Afrobeats Album on Spotify.
@MzAndrae
So I still have this toothache + the fact that I have treated it 234 times and the pain keeps coming back 80944 times, but i feel like the pain will be 0 if you treat it even less than 5550 times! 🤗
In 1994, Youssou N’dour’s “7 Seconds” won the award for the best song category at the MTV Europe Music Awards.
I see why Burna respects and idolizes this guy so much.
Haven’t been to B-side in 3years and this video makes me emotional. That road with a roundabout in the first elevator opening is ring road. Man, every single Edo boy that lived in B-side has good memories of that place. Ring road birthed us all. So glad to see Rema do this! 🔥
This is how you know someone that knows nothing about music business. Diddy and Faith Evans openly told the world the amount in royalties that the Police gets for the sampling of its record in “I’ll be missing you” (the tribute to BIG).
After his outing at the O2,
@PulseNigeria247
&
@yabaleftonline
did publications analyzing whether or not he actually sold out the O2
Well, the facts are there now that Burna has sold out the Accor Arena twice, these afore-tagged media platforms are now silent. No analysis again!
Lol, Ahoy’s Instagram page says the tickets were originally sold out but they had to make extra tickets available. Man may just have done more than 16.5k cap, yunno!
Super proud of my Big 7!
This issue is to be answered from two angles.
The first angle is on general copyright rule, while the second angle is on the intellectual property provisions of Snapchat’s Terms of Service.
On the first angle, it is important to note that when a person buys a private snap,
In Nigeria, for anything to be afforded copyright protection, it must be or fall under
1. Literary works.
2. Sound recordings.
3. Artistic works.
4. cinematograph films.
5. musical works.
6. broadcasts.
This means that any item or thing that is not within any of
Experienced lawyers out there, where someone says something and it trends, can they claim ownership of that sound?
Example: “Help me help me, e dey carry me dey go where I no know o” or “There were bunch of women, bunch of women surrounded in my room, surrounded in my room”...
Let’s talk about Collecting Societies.
Recently, Dammy Krane alleged that Davido did not pay him his royalties that have accrued over the years, for his song writing contribution to Davido’s 2016 hit song, Pere (featuring American pop/hip duo, Rae Sremmurd, and Young Thug).
You can try Dadju and Gims (from France too)
Meddy from Rwanda, Juliana Kenyamozi from Uganda, Rayvanny and Alikiba from Tanzania.
Good people, good songs!