Copyright: What Nigerian musicians can learn from Mike Ejeagha’s Gwo Gwo Gwo Ngwo’s resurgence – Lawyer

Veteran Nigerian singer Mike Ejeagha found renewed fame 41 years after ‘Gwo Gwo Gwo Ngwo’ a refrain in “Ka Esi Le Onye Isi Oche,” a song on his 1983 album‘Akuko Na Egwu’ Original Vol. 1 went viral all thanks to a TikTok dance challenge by skitmaker, Brain Jotter.

While many described Mr Ejeagha’s recent claim to fame as uncertain and an unplanned fortunate discovery, this resurgence has sparked debates about copyright infringement among his fans.

Critics accused Brain Jotter of using the song without permission despite his recent video denying any profit. Brain Jotter visited Ejeagha and gifted him ₦2 million, but some labelled the gesture insufficient.

The 92-year-old Nigerian music icon achieved a remarkable feat by appearing as the oldest artiste on the Apple Music Nigeria Top 100 Songs chart. The song also debuted on the Spotify Nigeria Top 100 Albums ranking.

It is reminiscent of Obesere’s monster hit, ‘Egungun Be Careful,’ which went viral 18 years after being released after a clip from the track’s music videos went viral.

Like Ejeagha, Obesere’s career also enjoyed a resurgence in March 2020, leading him (Obesere) to record a remix featuring Zlatan Ibile.

Brain Jotter’s Instagram video, posted on 5 July, featured a humorous dance challenge to the chorus “Gwo Gwo Gwo Ngwo.” It amassed 29.1 million views on Instagram and 19.6 million views on TikTok.

Copyright laws

In an interview with PREMIUM TIMES, Entertainment lawyer Rockson Igelige discussed the complexities of Nigerian copyright laws and Brain Jotter’s potential infringement.

Entertainment law lawyer, Rockson Igelige

Mr Igelige emphasised that every Nigerian artiste must understand the copyright laws governing the creative industry.

He said, “Copyright protects intellectual property, granting creators exclusive rights for a specific period,” explained Igelege. “For music, this lasts 70 years after the artist’s death, after which the work enters the public domain.”

The legal practitioner noted that copyright ensures fair rewards for authors while balancing public and individual interests.

He further explained that according to Section 20 of the Copyright Act 2022, fair use of a work is limited to using it without permission for private use, parody, satire, or non-commercial research; anything outside this would be considered infringement.

He said, “Sampling without permission is copyright infringement. In Nigeria, we have fair dealing, not fair use. Creators should get expert advice to navigate these legal complexities,” advised Igelege.

This case highlights the importance of understanding copyright laws and seeking proper permissions, even in the digital age of viral challenges and social media.”

Exceptions

Mr Igelege highlighted that there are instances where copyrighted works can be used without permission.

He explained, “Sections 9-13 of the Act allow for fair dealing in private use, parody, satire, non-commercial research, and private study. In these scenarios, you don’t need the copyright owner’s consent because it advances knowledge.”

He added, “That’s why university theatre departments can use Wole Soyinka’s work for research and study without permission. However, if someone wants to stage it commercially, they must get the author’s approval.”

Infringement

Drawing examples from recent happenings, Mr Igelege addressed the controversy of whether the skit maker was guilty of infringement.

Mr Igelege said, “If Brain Jotter used a licensed version from social media platforms, there’s no infringement. However, if he synchronised an unlicensed track into his video, that’s copyright infringement.”

“Brain Jotter’s ₦2 million gift doesn’t exempt him from infringement unless Ejeagha officially consents,” Mr Igelege clarified.

However, several Nigerians have gifted the veteran folklore singer with many gifts on social media, as his song continues to surge on various streaming platforms.