Second, a song may typically comprise sound recording and this recording qualifies
for copyright protection under the Nigerian Copyright Act. Sound recording
means the first fixation of a sequence of sound capable of being perceived
aurally and of being reproduced. Copyright owners of sound recordings do not
enjoy as much exclusive control as copyright owners of musical works do. This
is because the exclusive rights given to copyright owners under section 6 of
the Nigerian Copyright Act only apply to a literary or musical work {section
6(1)(a)}, artistic work {section 6(1)(b)}, and cinematograph film {section
6(1)(a)}. The reason for this is that originality is not a requirement for
copyright protection of sound recordings.

Therefore, as far as sound recording is concerned, only the rights granted
under section 7 of the Nigerian Copyright Act apply. Section 7 expressly states
that copyright in a sound recording is the exclusive right to control two
things: (1) the direct or indirect broadcasting, communication, or reproduction
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; and (2)
public distribution of copies of the work for commercial purposes. Tarouni
Times, the record label, controls sound recording.

Also, copyright in the sound recording of ‘Ina Sonki’ subsists for 50 years
after the end of the year in which the recording was first published. Since the
recording was published in 1988, the recording is not in the public domain yet.

The question now is this: Does The Dambu Guys’ 20-second sampling of Ahmed
Daura’s ‘Ina Sonki’ amount to substantial part of the recording either in its
original form or in any form recognizably derived from the original?

Ordinarily a 20-second sample of a 4-minute song does not appear substantial, but
this is a question of fact that only a court of law can make a finding on.
Every case is decided on its own merit. For instance, a court may find that the
20-second sample of the song is a major or significant part of the original
song, ‘Ina Sonki’.

May God bless you now and always. May the Lord Almighty grant you solomonic wisdom to lead the NBA and set standards that would write your name in bold prints.

Two years may be short but Gen. MURTALA MOHAMMED needed only six months to make history. Bold decisions require less than 24 hours’ action!

Cheers my President.

E.B. UKIRI,Esq.

Wada Ahmed Wada.
Immediate Past National Chairman of NBA Young Lawyers Forum

Nuhu Suleiman Tafida