1.1 Introduction to the Problem
The central arguments this book makes are based on performing authors (singer-songwriters) and impediments to their creative autonomy, particularly in the Nigerian music industry. However, some have argued that there is no music industry in Nigeria.1 These arguments often appear to be centred on the concern for a clearly defined structure in what is generally referred to as the Nigerian music industry.2 In discussing the Nigerian ‘scene’, Clarence Peters who is a music video producer working in the industry, is reported to have said:
There is no structure. People are just getting shows and getting paid but it’s temporal. We all know that. Everybody is getting paid by the corporate and they are always looking for the next best thing. As soon as they find it, they carry their money and move there…. Until we can find recording artists that are true to what they are doing no matter the kind of music it is and there is a market that will pay you for your work; a market that will respect your intellectual property, then we cannot lay any claims to a music industry.3
Although this book is not primarily concerned with the semantic or structural argument as to whether or not a music industry or scene exists in Nigeria, it is important to briefly define the concept of a music industry in order to set the background for the issues this book will consider. The notion of a popular music industry has been conceptualised as a set of processes, which feature the fusion of ‘capital, technical and musical arguments… [in] a form of communication which determines what songs, singers and performances are and can be’.4 The international music industry is also traditionally described as comprising of the three subsystems of recording, publishing and live music,5 but there is nothing to indicate whether the underdevelopment of any of these subsystems invalidates the designation of the term ‘industry’.
Despite the criticism that suggests there is no ‘music industry’ in Nigeria, Clarence Peters’ description of the Nigerian music industry bears similarities with Frith’s,6 as they both feature competing interests in the interactions between creative and corporate- commercial elements. Essentially, the interactions between these two elements are the basis on which this book explores and analyses creative autonomy within copyright law. The book identifies the extent to which copyright law influences the interactions between the creative elements performing authors (also referred to as singer-songwriters),7 and corporate elements record label executives.8 It then shows how the dynamics of such relationships can affect the creative autonomy of performing authors.
While creative autonomy for performing authors is the central concern of this book, empirical evidence collected for the purpose of this book suggests that the issue also has national economic significance.9 This book depicts how affronts to the creative autonomy of performing authors can result in reduced cultural output, and in turn, result in an industry that is unable to reach its full economic potential.
This book makes the case for creative autonomy by using a broad, two-pronged approach: the first five chapters of the book investigate the unique interplay between the creative and commercial elements of popular music industries, and culminate in an analysis of creative autonomy within copyright theory. The second part of this book then explores the ways in which current copyright law, unregulated business models, and recording contract policies contribute to the fragile existence of creative autonomy for performing authors in the Nigerian music industry.
The fragility of creative autonomy may be considered a naturally associated problem in popular music industries worldwide. However, in establishing the justification for this book, this chapter will illustrate the significance of undertaking this study, particularly on the Nigerian popular music industry. For the purpose of clarity, the scope and limitations of the book are specified in this chapter, and the sources and materials used are also discussed. The methodology and approach used in collecting and analysing the data used in this book will be explained, and the chapter will establish an overview of key elements within copyright law that directly pertain to the music industry.
1.2 Illustration of the Problem
The central concern of this book is the creative autonomy of performing authors in the Nigerian popular music industry.10 The problem for performing authors plays out in what may be described as a three-tiered manner-
- a.Uniform sounds and the interplay between creative and commercial elements in the music industry;
- b.The ‘performing author’ and the intersection between creating and performing a work; and
- c.The role of copyright in relation to creative autonomy.
1.2.1 Uniform Sounds and the Interplay between Creativity and Commerce
With regard to the dynamics of the interaction between creativity and commerce, one view conceives of both concepts as being opposed in principle, while another view considers commercial prospects and rewards as a motivating factor in creative endeavour, and yet another considers commerce and creativity as functionally intertwined and inseparable.11 Be that as it may, the adoption of any of these concepts may depend on varying individual circumstances where performing authors’ views may differ from the views of record label executives, in degree if not in substance.12 Notwithstanding the foregoing, academic investigation may be necessary when the products of this interaction appear or sound...