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Creative Autonomy, Copyright and
Popular Music in Nigeria 1st ed. Edition

Mary W. Gani
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Creative Autonomy,
Copyright and Popular
Music in Nigeria
Mary W. Gani
Creative Autonomy, Copyright
and Popular Music in Nigeria
“This book dissects the laws that hold the Nigerian music industry together.
It is a crucially needed guide for building mutually beneficial and sustainable
relationships.”
—Mai Atafo, Lagos, Nigeria
“Dr. Gani explores the reality of creative freedoms for music artists in Nigeria
from a fresh and critical author-centric perspective. This is an important book, as
it identifies necessary changes in copyright law and business practices which would
foster fair and just protection for artists, and sustainability for music industries.”
—Gaetano Dimita, Queen Mary University of London, UK
“This is a very interesting book. There is neither much writing available on the
Nigerian popular music industry, nor on Nigerian copyright law. On the question
of creativity in this particular cultural context, creativity and creative autonomy are
usually discussed in relation to European or North American music industries, so
this book covers a new and important field.”
—Bankole Sodipo, Babcock University, Nigeria
“Creative Autonomy, Copyright and Popular Music in Nigeria is a welcome

academic text, which offers a critical and well-informed perspective on the Nige-
rian popular music industry, and in particular the role of different legal provisions
on the creative autonomy of performing authors (singer-songwriters). The global
approach of the book offers theoretical discussions of copyright law, which are well
supported with additional findings of an empirical study.”
—Metka Potočnik, University of Wolverhampton, UK
“This is an important and quite timely book, particularly in light of the recog-
nition that African music has gained globally in recent years. This book presents
well-thought-out arguments and is indeed a contribution to the body of knowl-
edge in the area of copyright law and cultural industries. The book is elegantly
constructed and addresses the pre-existing issues of creative autonomy, which are
explored in detail, in chapters six, seven and eight. This book is essential for anyone
who is interested in reading about the Nigerian popular music industry, especially in
relation to creative autonomy, and is also interested in the framework of how copy-
right policies may be cultivated to address other issues which impact the Nigerian
economy.”
—Folashade Adeyemo, University of Reading, UK
Mary W. Gani
Creative Autonomy,
Copyright
and Popular Music
in Nigeria
Mary W. Gani
Independent Scholar
London, UK
ISBN 978-3-030-48693-8 ISBN 978-3-030-48694-5 (eBook)

https://doi.org/10.1007/978-3-030-48694-5
© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer
Nature Switzerland AG 2020
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in this publication does not imply, even in the absence of a specific statement, that such
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general use.
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tion in this book are believed to be true and accurate at the date of publication. Neither
the publisher nor the authors or the editors give a warranty, expressed or implied, with
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This Palgrave Macmillan imprint is published by the registered company Springer Nature
Switzerland AG
The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
For my mother, Taiwo, and the memory of my father, Bitrus… for their
unwavering love and support, and for teaching me to think.
Foreword
Many works have discussed the notion of creativity within the music
industry, as well as the contours of copyright law within that industry.
There is a dearth of works, however, which draw upon empirical find-
ings emanating from field work undertaken within the industry; and less
so on detailed analysis of one of the most popular world music indus-
tries, namely the Nigerian popular music industry, which has been fore-
front in the international growth of the Afro-Pop or Afrobeats genre.
Dr. Mary Gani’s work fills this lacuna by offering a well-analysed critical
account of the concept of creative autonomy and its effect on copyright
law. The work offers a fresh perspective on music industries as a whole
and a rare glimpse into the modern Nigerian popular music industry that
was hitherto unavailable.
The book explores the theoretical foundations of copyright law and
weaves these concepts in support of the concept of “creative autonomy”
as a means of measuring the creativity of authors. The link between copy-
right and creativity has been discussed in many previous works by several
scholars. Dr. Gani’s work goes further and escalates the notion of creative
autonomy into a tool—using it to gauge the efficacy of copyright law in
incentivising musical creativity, and to determine how existing recording
and business practices can be changed to allow more authentic creative
expression.
This work is a tour de force, combining philosophical theory with copy-
right law, within the dynamic context of the contractual practices in the
vii
viii FOREWORD
music industry. It derives from Mary’s doctoral dissertation which I super-

vised together with Dr. Gaetano Dimita at Queen Mary University of
London. Her enthusiasm for the subject was clearly born from her early
internships in the Nigerian popular music industry, her profession as a
lawyer and from foresight about the industry’s international economic
potential.
The book shows a commitment to presenting a critical and balanced
view of stakeholders’ opinions. Indeed, it does not sanctify the performing
author or demonise the record label. It will be a valuable read for policy
makers, lawyers, musicians and music managers.
London, UK Dr. Uma Suthersanen

May 2020 Chair in Global Intellectual Property Law,
Deputy Director, Queen Mary Intellectual
Property Research Institute, Queen Mary
University of London
Acknowledgments
Special thanks to Michelle Chen, Rebecca Roberts, Ashwini Elango and

the team at Palgrave Macmillan for their support in the process of writing
this book.
My sincere gratitude goes to my Ph.D. supervisors at Queen Mary,
University of London (QMUL), Professor Uma Suthersanen and Dr.
Gaetano Dimita, for their encouragement and commitment. They chal-
lenged me to exceed my personal limits and were my foremost sources
of inspiration in the course of my Ph.D. I am also immensely grateful
to Professor Adrian Sterling, who generously gave me books and law
reports gratis, and loaned me some classic texts. I am thankful for the
kind support of Malcolm Langley at the Intellectual Property Archives in
Russell Square, and I am thankful for the generosity of the Herchel Smith
Scholarship Award which I received in the course of my Ph.D. programme
at QMUL.
I am grateful to have received kind audience from interviewees on this
project, especially Professor Bankole Sodipo, Audu Maikori, Cobhams
Asuquo, Honey Onile-Ere, Ruby Gyang, Praiz, Abraham Kolo and Jesse
Jagz, among others.
My kind-hearted proofreaders entertained my interruption of their
busy schedules, and I deeply appreciate the effort and time it cost:
Professor Taiwo Gani, Grace Gani, Ayemere Umane and Dr. Arinola
Adefila.
ix
x ACKNOWLEDGMENTS
I have been, in no small way, enabled and enthused by the love, cheer
and kindness of my family: Mum, Grace, Margaret and Peter!!!! Very
importantly too, Uncle Chris and Auntie Kehinde Umane, Uncle Sam
and Auntie Lande Akinluyi, Christine Atafo, Ayo Akinluyi (!), Tolu Akin-
luyi, Uncle Bishop and Auntie Gloria Kwashi, Auntie Remi Iseko, Auntie
Rebecca Ogunbiyi, Uncle Reuben and Auntie Hajara Danladi, Uncle
Charles and Auntie Uche Ononiwu, and Eyza Anga, among many
others…. It would be impossible to enumerate the innumerable times
they have called, encouraged and given of themselves and their resources
towards the progress of this book.
I am indebted to my friends; Antoinette Kwegan, Dr. Monique
Charles, Dr. Tendayi Bloom, Nicole Nwasike, Matthew and Hannatu
Gabriel, Olohi Omidiji, Dolly Fagbemide, Maryam Olusola-Sowoolu,
Kemi Saleh, Shanu Omole, Dr. Muyiwa Oyinlola, Aibe Dangana and
John and Danni Trombi, among many others, who were supportive and
encouraging even when my schedule was overwhelming. Regular chats
with my Y.W.A.P. family, C.A. family, and my classmates from Air Force
(Girls’) Military Schools, have kept me sane and sociable despite the pres-
sure of writing deadlines. The bonds are old, deep and precious, and I am
grateful for them. To my many relatives and friends who have patiently
understood and forgiven the unreturned phone calls, and endured the
“so happy to see you, but I’ve got to leave” moments of my life in the
last few years; I am grateful for their understanding and steadfast love.
To You, Rohi! Thank You for being there at the beginning and for
being here now at this end.
Contents
1 The Significance of Measuring Creative Autonomy

for Copyright Law 1
1.1 Introduction to the Problem 1
1.2 Illustration of the Problem 4
1.2.1 Uniform Sounds and the Interplay
between Creativity and Commerce 4
1.2.2 The ‘Performing Author’ and the Intersection
between Creating and Performing a Work 7
1.2.3 Copyright and the Status Quo 9
1.3 Significance of this Book 10
1.4 Hypothesis and Sub-questions 16
1.5 Scope and Limitations 18
1.6 Sources and Materials Used 21
1.7 Methodology 23
1.7.1 Conceptualising a Framework for Measuring
Creativity 23
1.7.2 Measuring Creative Autonomy 27
1.8 A Brief Overview of Copyright in Music 28
1.8.1 The Requirement of Originality
under Copyright Law 30
1.8.2 An Overview of Authorial Economic Rights 37
1.8.3 Authorship and Ownership 38
1.8.4 Performers’ Rights 42
1.9 Conclusion 46
xi
xii CONTENTS
2 The Traditional Structure of the Popular Music

Industry, and the Performing Author’s Role 47
2.1 Introduction 47
2.2 Defining Popular Music 48
2.3 The Traditional Structure of the Popular Music
Industry 52
2.3.1 Executive Roles 54
2.3.1.1 Artiste and Repertoire (A&R)
Agents 56
2.3.1.2 Record Label Executives 60
2.3.1.3 Music Publishing Executives 61
2.3.1.4 Promoters and Distributors 64
2.3.2 Creative Roles 66
2.3.2.1 Authors: Composers and Lyricists 66
2.3.2.2 Performers 67
2.3.2.3 The Performing Author 68
2.3.3 Independent Music and Producers 69
2.3.4 Collective Administration 73
2.4 Conclusion 75
3 The Unique Structure of the Nigerian Popular Music

Industry 77
3.1 Introduction 77
3.2 The Structure and Development of the Nigerian
Popular Music Industry 78
3.3 Undocumented, yet Formidable Distribution
Networks—Alaba International Market 82
3.4 The Nigerian Copyright Commission
and the Regulation of Collective Administration
for Music 86
3.5 The Developments in the Genre of Afro-Pop Since
the Mid-1990s 92
3.6 Conclusion 95
CONTENTS xiii
4 An Empirical Analysis of the Status of Performing

Authors’ Creative Autonomy 97
4.1 Introduction 97
4.1.1 Objectives and Methodology 99
4.2 Performing Authors 101
4.2.1 Performing Authors’ Perspective on Music
Authorship 101
4.2.1.1 Ideals in Song Writing 101
4.2.1.2 Concerns in the Authorial Process 102
4.2.1.3 The Impact of the ‘Performing
Author–Record Label’ Relationship
on the Creative Process 103
4.2.1.4 Numeric Effect of the Status Quo
on Cultural Output 104
4.2.1.5 Methods of Choosing Songs
for Release to the Public 105
4.2.1.6 Unveiling the Participants
in the Authorial Process 108
4.2.1.7 Creative Control 109
4.2.2 Concerns Arising from Copyright Exploitation
Contracts 110
4.2.3 Performing Authors’ Perspective on Copyright
Law in Nigeria 113
4.2.4 Anecdotal Concerns 115
4.2.5 Defining the Ideals of Creative Autonomy 116
4.3 Record Label Executives 117
4.3.1 On the Creative Process 117
4.3.2 On Recording Contracts 121
4.3.3 On Copyright Law 121
4.4 Observations from Stakeholders 123
4.4.1 On the Creative Process 124
4.4.2 On the Interactions between Record Labels
Executives and Performing Authors 125
4.5 Comparative Observations from Entire Sample 127
4.5.1 Competing Concerns in Authorial Processes 127
4.5.3 The Decision Maker in Authorial Processes 129
4.6 Postscript on Copyright and Contracts 129
xiv CONTENTS
4.6.1 On Contracts 130

4.6.1.1 Jesse Jagz 130
4.6.1.2 ‘X-Band’ 133
4.6.2 On Copyright 134
4.7 Conclusion 136
5 Justifying Creative Autonomy within Copyright

Discourse 139
5.1 Introduction 139
5.2 Canonical Articulations of Creative Autonomy
within Human Rights and International
Conventions 140
5.2.1 Freedom of Expression within Human Rights
Law 140
5.2.2 The Right to Moral and Material Interests
from Authorship 142
5.2.3 The Preservation of Autonomy and Diversity
in Cultural Expression 144
5.3 Justification for Creative Autonomy in Deontological
Theories 145
5.3.1 Justifying Creative Autonomy in Lockean
Theory 146
5.3.2 The Kantian Concept of Creative Autonomy 149
5.3.3 Hegel on Creative Autonomy 151
5.3.4 Moral Rights as Distinct from Creative
Autonomy 153
5.4 A Consequentialist Case for Creative Autonomy 157
5.4.1 Classical Utilitarian Thought 159
5.4.2 Theories on the Measurement of Utility 162
5.4.3 The Consequentialist Computation
of Efficiency in Copyright 166
5.4.3.1 Incentives for Authors 167
5.4.3.2 Society’s Access to Cultural Works 169
5.4.3.3 Creative Autonomy
in the Consequentialist
Formula for Efficiency in Copyright
Law 170
5.5 Conclusion 171
CONTENTS xv
6 Problems for Creative Autonomy in Copyright Law 173

6.1 Introduction: Anomalies in the Dynamics
of Copyright Law 173
6.2 Pre-fixation 175
6.2.1 The Interval between Creation and Fixation 175
6.2.2 Problems for Performing Authors 177
6.3 Fixation: Its Definition and Impact on Authorship 180
6.3.1 The Insufficiency of Performers’ Rights 183
6.3.2 Authorship of Sound Recordings 184
6.3.3 The Bargaining for Sound Recording Rights 189
6.4 Ineffective Restrictions on the Transmission of Moral
Rights 192
6.5 Conclusion 195
7 Problems for Creative Autonomy in New Business

Models 197
7.1 Introduction: New Music Platforms as Opportunities
or Threats to Creative Autonomy 197
7.2 Television Talent Competitions 199
7.3 The Internet as an Aid or Hurdle for Performing
Authors 204
7.4 The Nature and Effects of Multiple Rights ‘360’ Deals 208
7.5 Conclusion 211
8 Problems for Creative Autonomy in Recording

Contracts 213
8.2 Assignments v Licences 214
8.3 Work-for-Hire Clauses in Recording Contracts 220
8.4 Unfair Bargaining Terms 225
8.4.1 Unfair Terms 225
8.4.2 Non-payment of Consideration: Controlled
Composition Clauses 231
8.4.3 Ambiguous Terms 236
8.5 Conclusion 238
xvi CONTENTS
9 Strategic Policy and Legislative Recommendations

for the Preservation of Creative Autonomy 241
9.2 Policy Recommendations: Guidelines for Performing
Authors 242
9.2.1 The Importance of Courting Public Sympathy 243
9.2.2 Copyright Education for Performing Authors 245
9.2.3 Guidelines for Performing Authors
in Negotiations for Copyright Exploitation
Contracts 247
9.2.4 Recording Studio Etiquette for the Performing
Author 248
9.3 Legislative Recommendations: Reflecting
the Importance and Fragility of Authorial
Independence 249
9.3.1 Vesting Authorship of Sound Recordings
in Performing Authors 251
9.3.2 Protecting Performing Authors’ Creative
Autonomy in Copyright Exploitation
Contracts 254
9.3.3 The Practicality of Reintroducing
the Reversion Clause 256
9.3.3.1 Economic Practicality 258
9.3.3.2 Inalienability 260
9.3.3.3 Restoring Creative Autonomy 261
9.3.3.4 Concluding Remarks
on the Reversion Clause 262
9.3.4 The Importance of Implementing National
Copyright Goals 263
9.4 Conclusion: Proposed Amendment Bill 264
10 Summary and Conclusions 271
Bibliography 275
Index 305
Abbreviations
A&R Artist and Repertoire

ASCAP American Society of Composers, Authors and Publishers
BMI Broadcast Music Inc
CJEU Court of Justice of the European Union
COSON Copyright Society of Nigeria
CPI Code de la Propriété Intellectuelle (Intellectual Property Code,
France)
ECHR European Court of Human Rights
FRN Federal Republic of Nigeria
ICESCR International Covenant on Economic, Social and Cultural Rights
IFPI International Federation of the Phonographic Industry
LFN Laws of the Federation of Nigeria
MCSN Musical Copyright Society of Nigeria
NCC Nigerian Copyright Commission
PMAN Performing Musicians Employer’s Association of Nigeria
PRS Performing Rights Society
TRIPS Trade Related Aspects of Intellectual Property
UDHR Universal Declaration of Human Rights
UrhG Urheberrechtsgesetz (Copyright Act, Germany)
VARA Visual Artists Rights Act
WCT WIPO Copyright Treaty
WIPO World Intellectual Property Office
WPPT WIPO Performances and Phonograms Treaty
xvii
List of Statutes, Conventions,
Directives, Decrees and Regulations
Agreement on Trade Related Aspects of Intellectual Property Rights 1994

(TRIPS Agreement)
Beijing Treaty on Audiovisual Performances 2012
Berne Convention for the Protection of Literary and Artistic Works 1886
Code de la Propriété Intellectuelle (CPI) 1992 (Intellectual Property Code,
France)
Constitution of the Federal Republic of Nigeria 1999
Consumer Contracts (Regulation of Unfair Terms) Bill 2010 (Nigeria)
Copyright (Amendment) Decree No 42 of 1999 (Nigeria)
Copyright (Amendment) Decree No 98 of 1992 (Nigeria)
Copyright (Collective Management Organizations) Regulations 2007
(Nigeria)
Copyright (Dispute Resolution Panel) Rules 2007 (Nigeria)
Copyright (Optical Discs Plants) Regulations 2006 (Nigeria)
Copyright (Reciprocal Extension) Order 1972 (Nigeria)
Copyright (Security Devices) Regulations 1999 (Nigeria)
Copyright (Video Rental) Regulations 1999 (Nigeria)
Copyright Act 1911 (Great Britain)
Copyright Act 1968 (Australia)
Copyright Act 1970 (Nigeria), Decree No 61 of 1970
Copyright Act 1976 (US)
Copyright Act 1985 (Canada)
Copyright Act, Chapter 28, Laws of the Federation of Nigeria 2004
xix
xx LIST OF STATUTES, CONVENTIONS, DIRECTIVES, DECREES …
Copyright Act, USSR Laws 1925, No 67 (January 30, 1925)

Copyright Act, USSR Laws 1928, No 246 (May 16, 1928)
Copyright and Duration of Rights in Performances Regulations 2013
(UK)
Copyright Decree 1988 (Nigeria)
Copyright, Designs and Patents Act 1988 (UK)
Customs and Excise (Copyright) Regulations 1973 (Nigeria)
Directive 2006/116/EC of the European Parliament and of the Council
of 12 December 2006 on the Term of Protection of Copyright and
Certain Related Rights
Directive 2009/24/EC of the European Parliament and of the Council
of 23 April 2009 on the Legal Protection of Computer Programmes
Directive 93/13/EEC on Unfair Terms in Consumer Contracts
Directive 96/9/EC of the European Parliament and of the Council of 11
March 1996 on the Legal Protection of Databases
EU Directive 2011/…/EU, amending Directive 2006/116/EC on the
Term of Protection of Copyright and Certain Related Rights, avail-
able at http://ec.europa.eu/internal_market/copyright/docs/term/
2011_directive_en.pdf
European Convention on Human Rights 1950
Federal Act on Collecting Societies 2005 (Austria)
Human Rights Act 1988 (UK)
Intellectual Property and Omnibus Communications Reform Act 1999
(US)
International Bill of Human Rights 1948
International Convention for the Protection of Performers, Producers
of Phonograms and Broadcasting Organisations (Rome Convention)
1961
International Covenant on Civil and Political Rights 1976
International Covenant on Economic, Social and Cultural Rights 1976
Interpretation Act C123, LFN 2004 (Nigeria)
Labour Act L1, LFN 2004 (Nigeria)
Nigerian Copyright Commission (Appointment of Copyright Inspectors)
Notice 1977 (Nigeria)
Statute of Anne 1710, 8 Anne, c19 (UK)
Statute of Monopolies 1624, 21 Jac, c3 (UK)
The Constitution of the United States
UNESCO Convention on the Protection and Promotion of the Diversity
of Cultural Expressions 2005
LIST OF STATUTES, CONVENTIONS, DIRECTIVES, DECREES … xxi
Unfair Contract Terms Act 1977 (UK)

Unfair Terms in Consumer Contracts Regulations 1999 (UK)
Universal Declaration of Human Rights 1948
Urheberrechtsgesetz (UrhG) 1965, as amended 1998 (Copyright Act of
Germany)
Visual Artists Rights Act 1990 (US)
WIPO Copyright Treaty 1996
WIPO Performances and Phonograms Treaty 1996
Work Made For Hire and Copyright Corrections Act 2000 (USA)
Hansard
HC Deb 05 February 1841, vol 56, col 341–360
US Congressional Reports
HH Rep No 94-1476, 94th Cong, 2nd Sess 56 (1976)
List of Figures
Fig. 2.1 Executive roles and their exercise of authorial rights 56

Fig. 4.1 Summary of observations from performing authors 99
Fig. 4.2 Priorities in music authorship, as viewed by different roles
in the Nigerian popular music industry 100
Fig. 4.3 Performing authors’ perspective on song writing 102
Fig. 4.4 Predominant concerns in the authorial process 103
Fig. 4.5 Pressure to commercialize authorship 105
Fig. 4.6 Current cultural output: ratio of written songs to released
songs 106
Fig. 4.7 Methods of choosing songs for release 107
Fig. 4.8 Participants in the authorial process unveiled 109
Fig. 4.9 Performing authors and creative control of their careers 110
Fig. 4.10 Common copyright law issues for performing authors 113
Fig. 4.11 Methods of selecting performing authors 118
Fig. 4.12 Average attention of record labels to commercial
indicators in the selection of songs for release 119
Fig. 4.13 Record labels’ methods of selecting songs for release 120
xxiii
List of Tables
Table 1.1 Authors’ exclusive economic rights 39

Table 1.2 Performers’ rights in international agreements 45
Table 5.1 Alienability of moral rights across some jurisdictions 155
xxv
CHAPTER 1
The Significance of Measuring Creative

Autonomy for Copyright Law
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, partic-
ularly 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
1 Bez is an alternative soul singer in Nigeria, who reportedly had this view,
“Nigerian Music Industry or Nigerian Music Scene, Which One Exists?” (2012),
available at http://www.nigeriamusicnetwork.com/articles/read-nigerian-music-industry-
or-nigerian-music-scene-which-one-exists_136.html (accessed 8 May 2013); the same view
was held by Clarence Peters, a renowned music video director, Agunanna, C, “There’s
Nothing Like a Nigerian Music Industry!—Clarence Peters” (2009), available at http://
chileik.wordpress.com/2009/11/08/ (accessed 9 May 2013); Steve Rhodes was a widely
respected veteran musician and broadcaster in Nigeria, who argued that the industry
featured minimal division of labour and no specialised departments for various business
skills, Rhodes, S, “Reflections on Nigerian Music Industry”, available at http://www.
livingprojectslimited.com/steverhodes/biography-music-industry.htm (accessed 10 May
2013); http://stampedecora.blogspot.com/2008/06/steve-rhodes-art-stampede-sunday-
june.html (accessed 28 November 2019); Onuoha, F, “‘There Is No Music Industry
in Nigeria’—Ade Bantu” (2011), available at http://www.businesseyenigeria.com/
business-news/entertainment/there-is-no-music-industry-in-nigeria-ade-bantu (accessed 8
May 2013).
© The Author(s) 2020 1

M. W. Gani, Creative Autonomy, Copyright
and Popular Music in Nigeria,
https://doi.org/10.1007/978-3-030-48694-5_1
2 M. W. GANI
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 conceptu-
alised 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
2 Nwokocha, U and Aluko, S, “Nigeria: A Case for Multiple Collecting Societies for
the Nigerian Entertainment Industry” (2010), available at http://www.mondaq.com/x/
102580/Copyright/A+Case+For+Multiple+Collecting+Societies+For+The+Nigerian+Ent
ertainment+Industry (accessed 3 May 2013).
3 Agunanna, C, “There’s Nothing Like a Nigerian Music Industry!—Clarence Peters”,
op. cit.
4 Frith, S, Music for Pleasure (Routledge, New York, 1988), p 12.
5 Wikstrom, P, The Music Industry: Music in the Cloud (Polity Press, Cambridge and
Malden, 2009), p 49.
6 Agunanna, C, “There’s Nothing Like a Nigerian Music Industry!—Clarence Peters”,
op. cit.
1 THE SIGNIFICANCE OF MEASURING CREATIVE AUTONOMY … 3
interactions between creative and corporate- commercial elements. Essen-

tially, 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 inter-
actions between the creative elements performing authors (also referred
to as singer-songwriters),7 and corporate elements record label execu-
tives.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.
7 Infra, Sect. 1.2.2; the term “singer-songwriters” is often used in pop-culture parlance,
to refer to individuals in the music industry who function in the dual roles of performer
and author; (authors are often referred to as composers).
8 Record label executives represent the capital and technical aspects of popular music
production, Frith, S, Music for Pleasure, op. cit., p 12.
9 Infra, Sect. 4.5.1.
4 M. W. GANI
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
homogenous and hardly distinct from each other. In this regard, blog arti-
cles and chat forums on Nigerian music industry have, at various points,
been unanimous in their criticism of Nigerian popular music as having a
10 The research questions for this book are discussed subsequently in this chapter, infra,
Sect. 1.5.
11 Negus, K, and Pickering, M, Creativity, Communication and Cultural Value (Sage,
London, Thousand Oaks, et al., 2004), p 47.
uniform sound and creative approach.13 In the earlier part of this decade,
trends in music creativity were criticised thus-
Save for a few Urban musical artists like 2Face, MI… amongst a few others
that have found a way of making music that’s both critically and commer-
cially acclaimed, the rest of the artists are caught up in the loop of having
to choose between compromising their standards and cashing in, or staying
true to the art and wallowing in penury. The third option which is not so
much an option since only a select few can function in this regard, is
balancing the act by making music that can serve both purposes.14
In the same vein, it has been asserted that the beats and backing tracks
for many Nigerian popular songs also sound the same,15 and the lyrics of
13 In discussing the music scene in 2012, Inienger argues that ‘it became monotonous
and stale, fans complained about loss of excitement towards “Nigerian Music” and
at some point it began to look like music coming out of Nigeria was about to
peak out due to this stagnation’, Inienger, V, “Progress: 13 Things Nigerian Artists
and the Nigerian Music Industry Need to Improve on in 2013” (2013), available
at http://www.jaguda.com/2013/01/07/progress-13-things-nigerian-artists-and-the-nig
erian-music-industry-need-to-improve-on-in-2013/ (accessed 3 April 2013). Around the
same time, Yomi Black observed that ‘they all sound alike and hide under auto tune and
sample beats’; he responded to the problem by initiating a radio and online show intended
at objectively reviewing Nigerian popular songs, “A Letter from Yomi Black: Why I
Do Radio Hit Show” (2012), available at http://radiohitshow.tumblr.com/post/329590
30825/a-letter-from-yomi-black-why-i-do-radiohit-show#disqus_thread (accessed 3 April
2013). The same concern has been expressed on Nigerian chat forums, “Nigerian Music
Is Sounding the Same: Same Beat!” (2010) Nairaland Forum, available at http://www.
nairaland.com/474824/nigerian-music-sounding-same-same#6342740 (accessed 3 April
2013); Ewoma, U, “The Industry: Problems with the Nigerian Music Industry”
(2013), available at http://www.lumeviews.com/2013/03/20/the-industry-problems-
with-the-nigerian-music-industry/ (accessed 3 April 2013).
14 Layode, D, “Bring Back the Listening Habit” (October 12, 2012) Nigerian
Sounds Editorial, available at http://nigeriansounds.com/archives/10708 (accessed 9
April 2013).
15 However, Ewoma does not consider this phenomenon problematic as reference is
made in his article to a similar phenomenon in the Jamaican music industry. The difficulty
with accepting the rationalization of this writer is that this assessment of the Jamaican
music scene is made without any analysis of the veracity of this trend in Jamaica, or its
effects on the economics of the Jamaican music industry. It also does not include any
scholarly references on the Jamaican music industry, Ewoma, U, “The Industry: Problems
with the Nigerian Music Industry”, op. cit.
6 M. W. GANI
many songs have been described as duplicates of each other.16 Explaining

this trend, some think that the uniformity of the sound may be a reflection
of the urgency in making financial gain among some artists, as well as
at the corporate levels of music business.17 Furthermore, the reason for
the similarity of sound has been attributed to structural problems of the
industry that give rise to the menace of piracy, which in turn, introduces
and popularises peculiar values in music. In this regard, Larkin argues that
piracy creates its own artistic values to which compliance is demanded
from the creative individuals in the societies in which piracy thrives.18
The rationale for homogenous music from an industry appears multi-
faceted, but there may indeed be cause for concern when artists feel
pressured to alter the creative direction of their work in an effort to
conform to commercial trends. While it may be argued that some artists,
like Dbanj and Terry G, who appear to have switched the creative direc-
tion of their careers to the more popular genre of Afro-Pop may actually
be aligning with their authentic authorial intentions in doing so,19 the
problem for this book is the reverse of this situation and its prevalence. It
appears that while the careers of some artists in the industry are based on
16 “Commercialism… the Gift and Curse of Nigerian Music Industry” (2012),

available at http://dashysofresh.blogspot.co.uk/2012/07/commercialism-gift-and-curse-
of.html (accessed 9 April 2013).
17 Inienger, V, “Progress: 13 Things Nigerian Artists and the Nigerian Music Industry
Need to Improve on in 2013”, op. cit.; Layode, D, “Bring Back the Listening Habit”,
op. cit.; Ewoma, U, “The Industry: Problems with the Nigerian Music Industry”, op. cit.
18 Larkin, B, Signal and Noise; Media, Infrastructure, and Urban Culture in Nigeria
(Duke University Press, Durham and London, 2008), p 218; Nevertheless, what had
previously been known as copyright piracy in the Nigerian music industry appears to have
been transformed into a legitimate marketing and distribution scheme with artists and
record labels exchanging distribution rights in their work for monetary payments, infra,
Sect. 3.3. The legality, objectivity and verifiability of the processes employed by these
marketers appear doubtful at best, “Pirated Movies and Music from Alaba Market Used to
Be Found Across the Whole of Nigeria” (2012), available at http://www.colorsmagazine.
com/stories/magazine/85/story/alaba-piracy-industry (accessed 19 April 2013); Layode,
D, “Bring Back the Listening Habit”, op. cit.; Tade, O and Akinleye, B, “We Are
Promoters Not Pirates: A Qualitative Analysis of Artists and Pirates on Music Piracy
in Nigeria” (2012) 6 (2) International Journal of Cyber Criminology, pp 1014–1029, p
1019.
19 Dbanj and Terry G have been cited as examples of Nigerian artists whose creative
personalities reflect Afro-Pop music, and they have both built successful careers in this
genre even though their careers initially commenced with unsuccessful projects in the RnB
genre, Layode, D, “Bring Back the Listening Habit”, op. cit.
what they independently want to sing and portray, many others may be
engaged in creative directions that they have been pressured to adopt.
Comments about the industry thus suggest the presence of an interplay
between creative and commercial elements that appear to be embroiled in
a form of rivalry. It is the effect of this rivalry on the creative autonomy of
artists that forms the motivation for this book. It may be surmised that the
rivalry between creative and commercial elements in the determination of
songs to release as part of an artist’s music career is primarily played out in
the authorial process. This dilemma may be more acutely experienced by
authors who also perform their original works as popular artists. The next
subsection will therefore consider the intersection between creating and
performing a musical work, as it may be necessary to define the central
role in the authorial exercise that results in popular music.
1.2.2 The ‘Performing Author’ and the Intersection

between Creating and Performing a Work
Mr (Justice) Arnold identifies some issues in the business of recorded
music that may pose complexities for copyright law, one of which, perti-
nent to this book, acknowledges that there are different methods of
creating a work.20 With regard to creation, he asserts that creation of
musical works may occur by composition distinct from performance, or
by composition effected through performance.21 In addition to these
identified methods, however, composition that occurs distinctly from
performance may be made with the intention of personal performance.
In relation to this third angle, Nigerian copyright law defines the
author of a musical work as ‘the creator of the work’,22 and the bundle of
rights that constitute the author’s copyright include the right to ‘perform
the work in public’.23 In light of the acknowledged fusion of the role of
composers and performers in popular music, this book refers to the fused
20 Arnold, R, “Reflections on the Triumph of Music: Copyrights and Performers’ Rights

in Music” (2010) 2 Intellectual Property Quarterly, pp 153–164, p 156; he also asserts
that there are different methods of fixation, the implications of which are discussed further,
infra, Sect. 6.2.2.
21 Ibid., p 156.
22 Section 51 (1), paragraph 4, Copyright Act C28, LFN 2004 (Nigeria).
23 Section 6 (1) (a) (i–ix) Copyright Act C28, LFN 2004 (Nigeria) provides for the
general nature of copyright in music by specifying a list of exclusive rights, and the exercise
8 M. W. GANI
role as the ‘performing author’, and particularly focusses on authors who

create musical works with the intention to personally perform them.24
Popular music industry parlance may colloquially refer to people in this
role as ‘singers-songwriters’, and the role may be further understood by
Hyde’s argument that inherent in the creative exercise is the desire to
express it and to share it.25 It has been asserted that
there is only one real deprivation, I decided this morning, and that is not
to be able to give one’s gift to those one loves most… The gift turned
inward, unable to be given, becomes a heavy burden, even sometimes a
kind of poison. It is as though the flow of life were backed up.26
of the combination of these rights with particular emphasis on performing rights, may
constitute the description of a “performing author”-
6. General nature of copyright
(1) Subject to the exceptions specified in the Second Schedule to this Act, copyright
in a work shall be the exclusive right to control the doing in Nigeria of any of the
following acts, that is-
(a) in the case of a literary or musical work, to do and authorise the doing of any
of the following acts-
(i) reproduce the work in any material form;
(ii) publish the work;
(iii) perform the work in public;
(iv) produce, reproduce, perform or publish any translation of the work;
(v) make any cinematograph film or a record in respect of the work;
(vi) distribute to the public, for commercial purposes, copies of the work, by
way of rental, lease, hire, loan or similar arrangement;
(vii) broadcast or communicate the work to the public by a loudspeaker or
any other similar device;
(viii) make any adaptation of the work;
(ix) do in relation to a translation or an adaptation of the work, any of the
acts specified in relation to the work in sub-paragraphs (i)–(vii) of this
paragraph.
The rights of authors under copyright law are further elucidated, infra, Sect. 1.8.2.
24 The ability of such persons to execute musical performances of their works is assumed
and is not questioned in this book.
25 Hyde, LW, The Gift: How the Creative Spirit Transforms the World (Canongate,
Edinburgh, New York, et al., 2006), p 148.
26 Sarton, M, Journal of Solitude, cited in Hyde, LW, The Gift: How the Creative Spirit
Transforms the World, op. cit., p 148.
Accordingly, where an author of musical works is restricted from

performing songs they have authored, the import of Hyde’s assertion is
that there may be both individual and cultural ramifications. Such restric-
tions may occur when a performing author in contract with a record label
is required to obtain the label’s approval for the performance and release
of songs during their contractual engagement. In this regard, the focus
on the role of the ‘performing author’ in this book is based on the inter-
section between creating a musical work and performing it as dual parts
of a career in the popular music industry, and how the one may influence
the other. The role of the performing author as a creative player in the
popular music industry is further emphasised in Chapter 2 of this book.27
1.2.3 Copyright and the Status Quo

The question of copyright’s role or responsibility in the interaction
between commercial and creative components of popular music author-
ship may then be asked,28 especially in light of the apparent importance
placed on creative autonomy by copyright law and its justification theo-
ries.29 The problem is whether there are certain aspects of copyright law
that are capable of undermining the creative autonomy of performing
27 Infra, Sect. 2.3.2.3.

28 This is because copyright law is purportedly primarily centred on the role of the
author; it has been argued that authorship ‘is arguably the most central, and certainly the
most resonant, of the foundational concepts associated with Anglo-American copyright
doctrine,’ Jaszi, P, “Toward a Theory of Copyright: The Metamorphosis of ‘Authorship’”
(1991) 1991 (2) Duke Law Journal, pp 455–502, p 455; It has also been asserted that
‘copyright [is]- a legal regime that is supposed to define the rights controlled by creators
and their delegates’, Liebowitz, SJ and Watt, R, “How to Best Ensure Remuneration
for Creators in the Market for Music? Copyright and Its Alternatives” (2006) 20 (4)
Journal of Economic Surveys, pp 513–545, p 513; this is evident in the legal position of
the author as the first owner of copyright prima facie, Section 10 (1) Copyright Act C28,
LFN 2004 (Nigeria); the author’s life is also the framework upon which the computation
of copyright duration is made, First Schedule, Copyright Act C28, LFN 2004 (Nigeria);
moreover for the purpose of this book, it may be relevant to note that the inclusion of
moral rights in the framework of copyright law suggests that the law attributes importance
to the safeguarding and preservation of the integrity of authorial expression, Section 11
Copyright Act C28, LFN 2004 (Nigeria); the importance of authorial autonomy has
been part of early parliamentary discourse on the duration of copyright law, HC Deb 05
February 1841, vol 56, col 341–360.
29 The concept of creative autonomy in the bifurcated deontological and consequen-
tialist copyright justification theories will be discussed in further detail in Chapter 5 of
10 M. W. GANI
authors in the course of contractual relations with record labels. This book
analyses this question through the lens and experiences of performing
authors in the Nigerian popular music industry.
This book’s investigation of copyright’s applied effects on creative
autonomy is conducted in an argument of three sequences. Firstly, it
queries the level to which executive decisions of record labels are influ-
enced by commercial factors. Analysing the data collected for this book,30
it also questions the influence of record label executives on the creative
processes of performing authors. Secondly, considering the realities of the
Nigerian music industry, the book explores copyright justification theories
to highlight the primacy of creative autonomy within copyright theory. In
the process, it questions the sufficiency of competing author-centric deon-
tology and economic consequentialism, and the practicality of a fused,
middle-line approach will be emphasised.31
Thirdly, the book explores elements of copyright law and contract
terms that record labels typically utilise, which may stifle the creative
autonomy of performing authors. The positive link in each of the three
sequences confirms that in practical terms, copyright law can have a causal
influence on the creative autonomy of performing authors. In this way,
this book thus establishes the need to prioritise creative autonomy for
performing authors in copyright law and rhetoric.
1.3 Significance of this Book

In discussing the significance of undertaking research on creative
autonomy, particularly in the Nigerian popular music industry, it is neces-
sary to briefly narrate the history and development of Nigerian popular
this book. Deontological theories are centred on a sense of sanctity in authorial expres-
sion and imply the primacy of creative autonomy, while consequentialist theories arrive
at their conclusions on the basis of economic analysis of competing interests, Dutfield, G
and Suthersanen, U, Global Intellectual Property Law (2nd ed, Edward Elgar, Cheltenham
and Northampton, 2020), p 27; be that as it may, consequentialist theories also feature
references to the importance of creative autonomy, in a way that may easily be overlooked
by proponents of consequentialism, infra, Sect. 5.4.3.3.
30 Infra, Chapter 4.
31 Jaszi, P, “Toward a Theory of Copyright: The Metamorphosis of ‘Authorship’”, op.
cit., p 502; infra, Sect. 5.4.
music in the period between the mid-1990s and 2014.32 The develop-
ments in this period are the basis on which the arguments in this book
are made, and this is because the era appears to have served as a defining
moment for the industry’s structure as well as its creative style and values.
With reference to the developments in creative style, the earlier part of
this era was characterised by the rise of certain Afro-Pop sensations such
as Junior and Pretty.33 The genre of music they created was initially called
‘Fufu Flavour’,34 but appears to have now become known as ‘Afro-Pop’,
‘Nigerian Hip Hop’, or ‘Naija Hip Hop’.35 Afro-Pop has been described
32 Since 2014, the internationalisation of Nigerian Afro-Pop has become more apparent.
In 2019, there appeared to be a trend of foreign recording companies signing on Nigerian
talent, and exploring inroads to Nigerian markets, Abumere, PI, “Eyeing Big Money in
Nigerian Music” (2018) BBC News, available at https://www.pwc.co.za/en/assets/pdf/
entertainment-and-media-outlook-2018-2022.pdf (accessed 29 November 2019).
33 Junior and Pretty are generally believed to have been ‘the first Nigerians to rap
in pidgin [broken English] and make the music local’. Music projects of this nature
were not popular prior to the group’s debut, and having received critical and commer-
cial acclaim from the mid 1990s until Junior’s death in 2005, they have been described
as the first Afro- Hip Hop group in Nigeria, http://www.storm360degrees.com/abo
ut-us/ (accessed 3 May 2013); Augoye, J, “Flashback: Junior and Pretty” (10 August
2012) Punch, available at http://www.punchng.com/entertainment/e-punch/flashback-
junior-and-pretty/ (accessed 3 May 2013); by 1994, songs like their Monica, had become
nationally popular, Shonekan, S, “Nigerian Hip Hop: Exploring a Black World Hybrid”,
in Charry, E (ed), Hip Hop Africa: New African Music in a Globalizing World (Indiana
University Press, Indiana, 2012); according to Obi Asika who is the CEO of Storm
360, a West African entertainment company, his Company discovered the duo of Junior
and Pretty on their television show “Clapperboard Weekend Raps” in 1992, Oduok, U,
“Ladybrille Exclusive: Interview with Storm Records’ Music Mogul, Obi Asika”, avail-
able at http://www.evancarmichael.com/African-Accounts/1508/Ladybrille-ExclusiveInt
erview-with-Storm-Records-Music-Mogul-Obi-Asika.html (accessed 3 May 2013); Other
Nigerian artists and bands whose music defined the era include the Remedies, Planta-
tion Boys, Alex O and Alex Zitto, Nwonwu, FC, “Nigeria Music Conquers Africa: Eyes
the World” (2011), available at http://www.nigeriavillagesquare.com/guest-articles/nig
eria-music-conquers-africa-eyes-the-world.html (accessed 3 May 2013); Abiola, A, “The
Power and Glory of Naija Music” (2011), available at http://www.africanews.com/site/
The_Power_and_Glory_of_Naija_Music/list_messages/37685 (accessed 4 May 2013).
34 The name Fufu Flavour was significant of the ease with which the beats in this genre
appealed to the common Nigerian on the streets, Ademola, O, “Pioneers of Naija Hip
Hop Music” (2011), available at http://www.nigerianbestforum.com/index.php?topic=
146431.0 (accessed 4 May 2013).
35 “Naija” is a word that is colloquially used in reference to “Nigeria” among Nigerians.
12 M. W. GANI
as a fusion of older West African genres like ‘High-Life’ and ‘Afro-Beat’

with the African American influence of Hip Hop culture.36
As it relates to industrial developments during this era, artists employed
new marketing and distributing methods by using the local distribu-
tion networks that had been responsible for the growth of the Nigerian
movie industry, Nollywood.37 Larkin demonstrates that this ingenious
and unusual dependence on local marketers gradually became more
widespread and evolved to the state where it defined the aesthetic values
that are now characteristic of Afro-Pop.38 The industry appears to have
subsequently experienced numeric growth in its creative output, despite
structural challenges and adjustments, and appears to be benefitting from
increasing continental and global significance.39
The significance of analysing the question of the effect of copyright
on the creative autonomy of the performing author in the Nigerian
music industry, as opposed to some other popular music industries in
Europe or the USA is based on the developmental needs of Nigeria’s
burgeoning international efforts.40 For example, the music industries in
36 Shonekan, S, “Nigerian Hip Hop: Exploring a Black World Hybrid”, op. cit.;
Ademola, O, “Pioneers of Naija Hip Hop Music”, op. cit.
37 Ademola, O, “Pioneers of Naija Hip Hop Music”, op. cit.
38 Larkin, B, Signal and Noise; Media, Infrastructure, and Urban Culture in Nigeria,
op. cit., p 218; the use of local marketers appears to have now become the norm, and it
has been asserted that they are the kings of the music business, Ademola, O, “Pioneers
of Naija Hip Hop Music”, op. cit.
39 Oduok, U, “Ladybrille Exclusive: Interview with Storm Records’ Music Mogul,
Obi Asika”, op. cit.; “Why Nigerian Artists Dominate BET’s ‘Best Interna-
tional Act’ List”, available at http://www.thisisafrica.me/music/detail/1700/Why-Nig
erian-artists-dominate-BET’s-%22Best-International-Act%22-list (accessed 8 May 2013);
“Nigerian Artists Dominate MTV African Music Awards [MAMA]” (2010), avail-
able at http://www.gistexpress.com/2010/12/12/nigerian-artists-dominate-mtv-african-
music-awards-mama/ (accessed 8 May 2013); “Nigeria Dominates Channel O Music
Video Awards” (2012), available at http://allafrica.com/view/group/main/main/id/000
21037.html (accessed 8 May 2013).
40 Abumere, PI, “Eyeing Big Money in Nigerian Music”, op. cit.; in terms of Nige-
ria’s international efforts, African bloggers have observed that Nigerian artists appear to
dominate the awardees and the list of nominees of the Black Entertainment Television’s
awards for the “Best International Act”, “Why Nigerian artists dominate BET’s ‘Best
International Act’ list”, op. cit.; “Total Recall: Why Naija Musicians are Dominating Bet
Awards?” (2012), available at http://ebuzzafrica.com/news/total-recall-why-naija-musici
ans-are-dominating-bet-awards/267 (accessed 8 May 2013); Tucker, B, “Africa is a Cate-
gory” (2012), available at http://africasacountry.com/2012/05/30/africa-is-a-category/
(accessed 8 May 2013).
the USA and many in the UK already have reasonably defined administra-
tive structures,41 and have a history of commercial success in international
markets.42 This may be due to the technological advancements respon-
sible for the genesis of the music industry that were first made or
introduced in these economies.43 Moreover, with regard to the inter-
national markets for UK popular music, the international commercial
success of the UK popular music industry may be traced to the foot-
prints of colonialism during which period certain aspects of British culture
gained popularity in the former colonies.44
41 “Music Industry Structure”, available at http://www.generator.org.uk/node/58

(accessed 5 April 2013); UK Music, “Response to: Path to Strong, Sustainable and
Balanced Growth” (2010), available at http://www.ukmusic.org/assets/general/UK_
Music_response_to_HM_Treasury_and_BIS_on_The_Path_to_Strong_Sustainable_and_
Balanced_Growth_December_2010.pdf (accessed 5 April 2013); “An Overview of the
Recorded Music Industry—Market Structure, Major Players & Technological Changes”
(2010), available at http://themusicbusinessnetwork.wordpress.com/2010/05/08/an-
overview-of-the-recorded-music-industry-market-structure-major-players-technological-cha
nges/ (accessed 5 April 2013); a concise depiction of the structure of the US music
industry has been highlighted, “An Overview of the Recorded Music Industry—Market
Structure, Major Players & Technological Changes” (2010), available at http://the
musicbusinessnetwork.wordpress.com/2010/05/08/an-overview-of-the-recorded-music-
industry-market-structure-major-players-technological-changes/ (accessed 5 April 2013);
furthermore, the structure of the music industry in the US and the developments in its
responses to technological advancements have been identified and discussed, Alexander,
PJ, “New Technology and Market Structure: Evidence from the Music Recording
Industry” (1994) 18 (2) Journal of Cultural Economics, pp 113–123, pp 114 and 121.
42 “IFPI Global Music Report 2019: State of the Industry”, available at https://
www.ifpi.org/news/IFPI-GLOBAL-MUSIC-REPORT-2019, p 17 (accessed 24 February
2020); “IFPI Digital Music Report 2014: Lighting Up New Markets”, available at http://
www.ifpi.org/downloads/Digital-Music-Report-2014.pdf, p 6 (accessed 20 July 2014);
“IFPI Digital Music Report 2013: Engine of a Digital World”, available at https://www.
ifpi.org/downloads/dmr2013-full-report_english.pdf, p 6 (accessed 8 May 2013).
43 Day, T, A Century of Recorded Music; Listening to Musical History (Yale University
Press, New Haven and London, 2002), p 10 and p 13; the development of recording
techniques such as the use of wax cylinders, pantographic methods, and the reverse
metal master stamper have been identified as central to the development of recorded
music, Alexander, PJ, “New Technology and Market Structure: Evidence from the Music
Recording Industry”, op. cit., p 117.
44 Despite the wealth of experience and commercial success of such developed industries,
the digitisation of music distribution and sales jolted operations and altered the business
strategies in the traditional structure of the music industry, Smith, T, “A Brief History
of the Music Industry” (2012), available at http://www.musicthinktank.com/mtt-open/
a-brief-history-of-the-music-industry.html (accessed 12 May 2013); “IFPI Global Music
Report 2019: State of the Industry”, op. cit., p 15.
14 M. W. GANI
Furthermore, while the digitisation of music sales has been an issue of

international concern and innovation,45 the matter of creative autonomy
in generating musical content is perhaps the more important issue when
considering the question of sustainable development for the Nigerian
music industry, which is currently making inroads to global relevance.
This book consequently considers the issue of creative autonomy because
of its direct relationship to available music content and the accompanying
concern of its variety.
With regard to the significance of conducting comparative studies,
analysing the relationship of copyright to the creative autonomy of
performing authors in the popular music industries of any two coun-
tries, may stretch the parameters of this book beyond a single, primary
research problem. The differences in research problems for two popular
music industries may be polarised by the developmental statuses of the
economies to which they belong. All the same, the common legal heritage
that Nigeria has with the UK and the USA in relation to common law
traditions, will enable this analysis of the Nigerian situation to draw from
UK and USA examples.
Different angles to the question of intellectual property’s effects on
creativity have been discussed in Anglo-American academic work, whereas
in contrast, academic and judicial authorities on copyright law from
Nigeria appear to be rather scant.46 Thus, academic research on the
economics of copyright law in Nigeria and the authorial independence
of performing authors may be novel.47
45 The plummeting of CD sales and the rise of internet and mobile consumption of
music has necessitated new business models, “Music Industry Structure”, available at
http://www.generator.org.uk/node/58 (accessed 9 May 2013); UK Music, “Response
to: Path to Strong, Sustainable and Balanced Growth”, op. cit.; Smith, T, “A Brief History
of the Music Industry”, op. cit.
46 Asein, JO, Nigerian Copyright Law and Practice (2nd ed, Books and Gavel Ltd.,
2012), p 35 and p 38; (11 July 2013) Interview with Bankole Sodipo, Professor of Law,
Babcock University, Nigeria, and Partner, G.O. Sodipo & Co. Nigeria.
47 The sources and materials used in this study will be discussed, infra, Sect. 1.6 of this
book.
One compelling factor behind the focus of this book on Nigeria as

opposed to the music industries of any other developing country was the
perceived comparative ease in accessing players in the music industry at
various levels of commercial success to participate in the study. However,
while the focus of this book is on the Nigerian popular music industry,
the observations and recommendations made here may be relevant for
the development of popular music industries in other developing coun-
tries, and particularly for African nations. It had initially been thought that
‘most countries in Africa have not historically been significant markets
for the international music industry’.48 However, with more effective
methods of digital distribution made available, the IFPI (the International
Federation of the Phonographic Industry) reported a growing wave of
A&R (Artist and Repertoire) activity by multinational recording compa-
nies on the Continent.49 The IFPI’s most recent report projects dynamic
and competitive growth for music industries in Sub-Saharan Africa in
light of the proliferation of local digital service providers and the growing
connectedness of the younger generation.50
Despite the IFPI’s agenda for expansion to African markets, local
efforts at maximising industrial potential can also be observed in such
countries. Efforts are actively being made by stakeholders in the Nige-
rian music industry towards implementing apposite business structures
and solutions for the functionality and expanding internationalisation of
its reach.51 In the course of such deliberations, it is therefore pertinent
for performing authors in Nigeria and in other countries with music
industries at similar levels of development, to promote the implementa-
tion of policies aimed at preserving creative autonomy, thus diversifying
and increasing their offerings. Otherwise, the concentration of music
distribution networks by large recording companies with vast operations
48 “IFPI Digital Music Report 2014: Lighting Up New Markets”, op. cit., p 38.
49 Ibid., p 39.
50 “IFPI Global Music Report 2019: State of the Industry”, op. cit., p 23.
51 Ayeni, A, “Nigerian Entertainment Conference 2014: To Hell with Cliques and
Camps” (23 April 2014) Nigerian Entertainment Today, available at http://thenet.ng/
2014/04/nigerian-entertainment-conference-2014-to-hell-with-cliques-and-camps/com
ment-page-1/#comment-265522 (accessed 9 May 2014); Ihidero, C, “Chris Ihidero
Unedited: #NECLive 2014…Here We Go Again” (23 April 2014) Nigerian Entertain-
ment Today, available at http://thenet.ng/2014/04/chris-ihidero-unedited-neclive-201
4here-we-go-again/ (accessed 9 May 2014).
16 M. W. GANI
can negatively affect competition in the music industry and can hinder
diversity in a way that results in the proliferation of homogenous music.52
It has even been argued that record labels and recording companies
do not engage in artistic or authorial activity as described in copyright
law, but function in more of a manufacturing capacity, producing and
distributing the authorial works of authors and performers.53
Local efforts in music production, and the creative autonomy of
performing authors are thus essential elements for a diversified music
industry that seeks to safeguard sustainable development.
1.4 Hypothesis and Sub-questions

The hypothesis on which this book is based is whether the business
interactions between performing authors and record label executives,
as enabled by copyright law, serve to stifle the creative autonomy of
performing authors in the Nigerian popular music industry.
Accordingly, in approaching this question the following sub-questions
have been formulated-
a. Who determines what songs are released to the public? And does the
process of such determination serve as an external influence on the
authorial process?54
This book discusses the traditional structure of the popular music industry
and highlights the unique development of the Nigerian structure. It then
conducts and analyses empirical research by sampling the opinions of
performing authors. By contrasting the data from performing authors
against data recorded from record label executives and other stakeholders
in the music industry, the book identifies corroborations in the contextual
analysis of data from all three subject groups that is revealing and instruc-
tive. In this way, this book will identify the ways in which performing
authors’ creative autonomy may be jeopardised. Addressing this question
52 Alexander, PJ, “New Technology and Market Structure: Evidence from the Music
Recording Industry”, op. cit., p 121.
53 Thomas, D, Copyright and the Creative Artist (Institute of Economic Affairs,
London, 1967), p 34.
will also emphasise the importance of empirical evidence in formulating

arguments for the justification for copyright.55
b. What is the rhetoric on creative autonomy in copyright justification

theories?56
In this regard, the book will consider the deontological and consequen-
tialist theories upon which justificatory arguments for copyright law have
been made. The book will identify the concept of creative autonomy that
is latent in deontological theories, and will then lean on a consequentialist
framework in order to recommend creative autonomy as an additional
dimension to the economic analysis of copyright law. The book will thus
introduce a fused approach to the theory of copyright law. One of the
concerns of this book is to provide a framework through which copyright
policies may be tailored specifically for the developmental needs of the
Nigerian popular music industry and by extension, the Nigerian economy.
This is with particular regard to ensuring increased variety and volume in
the cultural output of the Nigerian popular music industry. It has been
noted earlier in this introductory chapter that legal and social parallels
may be observed between the Nigerian situation and the popular music
industries of other countries.57 To that extent, the arguments in this book
may be deemed relevant for such countries.
c. If record labels and industry formulas are observed to influence

performing authors’ creative processes, is there any aspect of copy-
right law that facilitates this trend?58
The book examines some of the business practices of recording compa-

nies under the lens of copyright law and identifies certain aspects of
the law and industry customs that can affect the creative autonomy
of performing authors. In then proffers legislative recommendations
targeted at preserving creative autonomy, and recommends occupational
guidelines for performing authors who may not instinctively understand
55 Infra, Sect. 4.1.

57 Supra, Sect. 1.3.
58 Infra, Chapters 6–8.
18 M. W. GANI
copyright law or appreciate the significance of some clauses in their

recording contracts. At the initial stages of their careers, performing
authors may be faced with pecuniary challenges that make it difficult for
them to engage the services of a lawyer, and this book aims to provide
a starting point for performing authors to engage more meaningfully in
negotiating copyright exploitation contracts.
It is intended that the observations and arguments made in the book
will have implications on policy making in the Nigerian popular music
industry, conceptual formulations in economic analysis of copyright law,
and the contractual relationships formed by performing authors.
1.5 Scope and Limitations

One of the challenges for academic research in copyright law is the obser-
vance of the importance of detailed, unambiguous use of language. This
is because the specific legal connotations attached to various words in
copyright law may differ from common colloquial usage of such words.
In this regard, it will be difficult to expatiate on each word used in the
arguments that this book makes. However, this section will attempt to
clarify the central purpose of this book by distinguishing it from other
issues in copyright law which, although briefly alluded to, will not be the
principal focus of this work. It will also delineate the specific geographical
field and legal jurisdiction in which the arguments of this book are made.
The Nigerian popular music industry is the field on which this book
is based. For the purpose of this book, it is therefore important to note
that reference to the Nigerian music industry is restricted to the popular
music industry, and excludes Nigerian traditional music, Nigerian classical
compositions and folk music.59 The jurisdiction of law in this analysis is
Nigerian. However, the book will include references to the UK and USA,
which are both common law countries with arguably more developed
59 Some of these other genres such as Nigerian folk and traditional music are often
folkloric in nature, and the identification of an author or a group of authors may be diffi-
cult. As a result, copyright analysis of such genres may entail distinct methods from the
methods adopted in this book, Seeger, A, “Traditional Music Ownership in a Commodi-
fied World”, in Frith, S and Marshall, L (eds), Music and Copyright (2nd ed, Edinburgh
University Press, Edinburgh, 2004), p 158.
and internationalised popular music industries.60 This is for the purpose

of demonstrating the distinct roots of Nigeria’s copyright law rhetoric,
the apparent structural and creative direction of its music industry, and
its contract framework.61 The book will also make occasional reference
to aspects of civil law droit d’auteur, which is operational in German
and French law for the purpose of establishing the centrality of authorial
autonomy in copyright.62
With respect to the creative autonomy of performing authors, data
obtained from Nigeria in the course of writing this book shows that the
role of the performer and author most often overlap. Therefore, refer-
ence to creative autonomy will be concerned with the creative processes of
authoring a song, and the considerations made in the performing author’s
choice of songs to perform.63 This book is not primarily concerned with
the issue of incentivising creative activity or with the investigation of
creativity as a distinct theme. Also, it is not essentially concerned with
performers’ rights as a subject and will not discuss the subject in much
detail.64
It should be noted that despite the focus on the performing author’s
role, this book is not an exegesis on the performing rights of performing
authors. In this regard, it simply identifies that performing rights are one
of the rights within the bundle of exclusive authorial rights under copy-
right law.65 Rather, on the basis of the idea that the exercise of creative
autonomy by performing authors may reduce the trend of homogenised
popular music,66 the book analyses the problems confronting performing
authors’ creative autonomy.
60 The assumption that the popular music industries in the UK and the USA are more
developed than the Nigerian popular music industry is based on established industrial
structures and market size; supra, Sect. 1.3.
61 The discussion on contracts will be with essentially centred on common law notions,
infra, Chapter 8.
62 Infra, Sects. 1.8.2 and 5.3.4.
63 Infra, Sect. 4.2.5; the level of musical skill expressed in the performances of authors
who perform their works is not questioned in this book.
66 The problem of homogenous cultural output in the Nigerian popular music industry
is discussed above, supra, Sect. 1.1.
20 M. W. GANI
There are some issues in copyright law to which this book will refer,
but will not analyse in detail. For instance, it will discuss certain aspects
of moral rights, particularly with reference to the practical effects of the
purported restriction of its transmission under Nigerian copyright law.67
However, moral rights in themselves are not considered within the main
ambit of this book. Furthermore, in the section of this book which
discusses the requirement of fixation under copyright law and its possible
effects on performing authors, it is observed that copyright does not exist
in ideas, but in their fixed format.68 While it may be argued that trade
secrets are an example of intellectual property existing in ideas,69 this
book will not attempt a consideration of trade secrets, or a verification of
this notion.
It is significant to note that the effect of the internet and digitisation on
the business of music are issues that have generated significant concern,
and academic and industrial attention.70 As a result, new business models
and modified legal regulations have been explored in order to secure
the economic contributions of the music industry.71 It may be argued
that the digitisation of music has implications for the ability of copy-
right owners to protect their works from unauthorised users, and their
ability to secure compensation for their efforts. With further regard to the
impact of digitisation on music business, the availability of internet access
in Nigeria has vastly increased and this may have contributed positively to
the emerging development of the Nigerian popular music industry. The
strategic enforcement of copyright law for the purpose of safeguarding
the commercial dealings in digital music may therefore be an important
67 Infra, Sects. 5.3.4 and 6.4.

69 Landes, WM and Posner, RA, The Economic Structure of Intellectual Property Law
(The Belknap Press of Harvard University Press, Cambridge, 2003), pp 354–355.
70 IFPI, Recording Industry in Numbers, 2007: The Definitive Source of Global Music
Market Information (IFPI, available at www.ifpi.org, 2007), p 3 and p 18; Edwards, L,
“The Fall and Rise of Intermediary Liability Online”, in Edwards, L and Waelde, C (eds),
Law and the Internet (3rd ed, Hart Publishing, Oxford and Portland, 2009), pp 81–83;
“IFPI Digital Music Report 2014: Lighting Up New Markets”, op. cit., p 6.
71 “IFPI Global Music Report 2019: State of the Industry”, op. cit., p 6; “IFPI Digital
Music Report 2014: Lighting Up New Markets”, op. cit., p 6; IFPI, Recording Industry
in Numbers, 2007: The Definitive Source of Global Music Market Information, op. cit., p
19.
consideration for copyright and for structural development in the Nige-

rian music industry. However, it does not form part of the core question
of this book and it will not be explored beyond the points at which it may
intersect with the focal problem of this book.72
1.6 Sources and Materials Used

In the process of researching and collecting sources for this book, chal-
lenges were encountered with respect to the quantity and availability of
academic resources on copyright law in Nigeria. Nigerian case law on
copyright specific to music also seemed to be few and far between, and it
appeared that statistics on record sales from the Nigerian music industry
were non-existent or unavailable to the public.73 The observation that
Nigerian academic sources on copyright law and other aspects of intel-
lectual property do not appear copious may be partly due to continued
dependence on British jurisprudence on the subject, by virtue of Nige-
ria’s colonial ties with the UK.74 This is evident in the provision of the
Interpretation Act which states as follows,
Subject to the provisions of this section and except in so far as other

provision is made by any Federal law, the common law of England and the
doctrines of equity, together with the statutes of general application that
were in force in England on the 1st day of January, 1900 shall, in so far as
they relate to any matter within the legislative competence of the Federal
legislature, be in force in Nigeria.75
72 In Chapter 7 of this work, this book will question whether the business practice
of scouting for new talent via the internet has any effects on the creative autonomy of
performing authors, Pitt, IL, Economic Analysis of Music Copyright: Income, Media and
Performances (Springer, New York, et al., 2010), p 82; specifically, it will question whether
this practice involves commercial undertones that go beyond the scope of musical talent.
The bane is whether record labels scout purely for new musical talent, or are keen to cash
in on the popularity of individuals who successfully build an internet followership. It may
also be a combination of both factors with emphasis on either, infra, Sect. 7.3.
73 “Without Reliable Statistics, No Development” (2011), available at http://pmnews
nigeria.com/2011/09/21/without-reliable-statistics-no-development/ (accessed 15 May
2013).
74 Nigeria’s legal tradition is derived from the British common law system, Babafemi,
FO, Intellectual Property; the Law and Practice of Copyright, Trademarks, Patents and
Industrial Designs in Nigeria (Justinian Books Limited, Ibadan, 2006), p vi and p 1.
75 Section 32 (1) Interpretation Act C123, LFN 2004 (Nigeria).
22 M. W. GANI
The statutory application of English case law thus has the year 1900 as a
cut off mark. Despite what appears to be relatively active legislative and
regulatory activity on copyright issues in Nigeria in the period since inde-
pendence in 1960,76 it has been argued that litigation of disputes in this
area and the resultant case laws are needed to lend further credence to
copyright jurisprudence in Nigeria.77 Be that as it may, it has been noted
that the use of foreign case law in copyright litigation in Nigeria is not
unusual,78 although it has been established that recourse to foreign cases
should be made only in the absence of local authorities.79
Accordingly, this book makes primary reference to Nigerian copyright
law in its legal analysis, but also relies to some extent on Anglo-American
academic resources for economic and philosophical arguments, and the
discussions on the traditional structure of the music industry. It uses
76 Nigeria’s current law on Copyright was initially promulgated as the Copyright Decree
of 1988. It was amended in 1992 by the by the Copyright (Amendment) Decree No.
98 of 1992, and in 1999 by the Copyright (Amendment) Decree No. 42 of 1999. The
use of Decrees in the legislative history of Nigerian copyright law is characteristic of
military rule that pervaded the Country until 1999. It is currently codified and referred
to as Copyright Act, Chapter 28, Laws of the Federation of Nigeria 2004. For the
purpose of distinguishing between the copyright laws of other countries which will be
referred to in this work, it will be referred to as the “Copyright Act C28, LFN 2004
(Nigeria)”. Subsidiary regulations and orders made under Section 37 (5), Section 39 (7)
and Section 41 of the Copyright Act (Nigeria) are as follows-
i. Copyright (Reciprocal Extension) Order 1972
ii. Customs and Excise (Copyright) Regulations 1973
iii. Nigerian Copyright Commission (Appointment of Copyright Inspectors) Notice
1977
iv. Copyright (Video Rental) Regulations 1999
v. Copyright (Security Devices) Regulations 1999
vi. Copyright (Optical Discs Plants) Regulations 2006
vii. Copyright (Collective Management Organizations) Regulations 2007
viii. Copyright (Dispute Resolution Panel) Rules 2007; Asein, JO, Nigerian Copyright
Law and Practice (2nd ed, Books and Gavel Ltd., 2012), p 37.
77 Asein, JO, Nigerian Copyright Law and Practice, op. cit., p 35.
78 Ibid.; Plateau Publishing Co Ltd v Adophy (1986) 34 (4) NWLR 295; American
Motion Picture Export Co (Nig) Ltd v Minnesota (Nig) Ltd (Suit No FHC/L/83/1979)
Unreported; Yemitan v Daily Times (Nig) Ltd (1980) FHCLR 186.
79 Ajomale v Yaduat (No 2) (1991) 5 NWLR 266; Kolawole v Alberto (1989) 1 NWLR
382.
empirical data, collected through interviews and questionnaires, to iden-

tify the status of creative autonomy in reference to the influence of
copyright law and contract terms.
1.7 Methodology
Although the major concern of this book is creative autonomy rather than
creativity per se, this section will identify some of the methodological diffi-
culties that have been encountered in earlier investigations of creativity,
and will attempt to establish the reason for the focus of this book on
the subject of creative autonomy, as distinct from creativity. The method-
ology that this book adopts in the investigation of the effect of copyright
on performing authors’ creative autonomy will then be highlighted.
1.7.1 Conceptualising a Framework for Measuring Creativity

It is important to emphasise here that discussions in academic works of
the nexus between copyright and creativity are not novel.80 Such endeav-
ours may have been undertaken to show the interconnections between
the two and to establish appropriate parameters for a balanced approach
to copyright. All the same, it has been argued that creativity has not been
paid much attention in economic analysis of copyright law.81 Demsetz
80 Demers argues that intellectual property laws such as copyright and trademarks can
hinder or stimulate creativity, depending on the way individual creators of musical works
respond to the creative practice of transformative appropriation, Demers, J, Steal This
Music: How Intellectual Property Law Affects Musical Creativity (University of Georgia
Press, Athens, Georgia, 2006), p 10; there also appears to be a significant body of
economic arguments analysing whether or not copyright incentivises creativity, Breyer,
S, “The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies and
Computer Programs” (1970) 84 (2) Harvard Law Review, pp 281–351; Plant, A, “The
Economic Aspects of Copyright in Books” (1934) 2 Economica, pp 167–195; Hurt, RM
and Schuchman, RM, “The Economic Rationale of Copyright” (1966) 56 (1/2) The
American Economic Review, pp 421–432; Boldrin, M and Levine, DK, “Does Intellectual
Monopoly Help Innovation?” (2009) 5 (3) Review of Law and Economics, pp 991–1025.
81 Demsetz argues that the custom by which economists seem to touch only lightly on
the subject of creativity is not recent and that the issue of creativity has been of bigger
concern to sociologists and psychologists, Demsetz, H, “Creativity and the Economics
of the Copyright Controversy” (2009) 6 (2) Review of Economic Research on Copyright
Issues, pp 5–12, pp 5–7; similarly, it has been argued that standard economics of copy-
right, in its concern with incentivizing creative activity, does not include consideration
for certain aspects of the arts which may be considerably pertinent for artists and for
24 M. W. GANI
argues that in the period when economics developed into a distinct

academic discipline, research and analysis were predominantly commonly
concerned with free market economics, private property and prices.82
In the preoccupation of economic analysis with the question of price
and the interactions between demand and supply, it may have therefore
been thought that the consideration of seemingly esoteric values such
as creativity would complicate analysis and result in ‘imperfect informa-
tion’.83 In this regard, Demsetz advises caution, drawing attention to
the argument that continuing economic analysis of copyright law on the
premise of price as a fixed concept, fails to take into account that unlike
with physical chattels, supply for copyright goods is essentially determined
by the creation of original works.84 He further notes that in economic
analysis, old and new works are ‘imperfect substitutes’.85
With regard to theories and methods for analysis of copyright and
creativity, Cohen argues that the strict adoption of deontological and
economic theories as the only analytical approaches in grappling with
the issues may exclude the application of other approaches which may
perhaps provide more beneficial interpretations of the interaction between
cultural production as a whole. Towse asserts that standard economics of copyright does
not take particular cognisance of the arguments that copyright regimes may increase the
cost of authoring new works and lessen their supply. For the purposes of cultural policy
formulation, she also argues that it is pertinent to identify and establish whether copyright
actually benefits creators of copyright works, Towse, R, “Copyrights and Artists: A View
from Cultural Economics”, op. cit., pp 567–569.
82 Demsetz, H, “Creativity and the Economics of the Copyright Controversy”, op. cit.,
p 7.
p 7; Cohen asserts that the challenge for the analysis of creativity in copyright scholarship
raises methodological problems and is threefold. First, there is the question of whether to
assess creativity on the basis of deontological, rights- based arguments or on the basis of
consequential analysis which would consider ‘broader societal patterns’. Secondly, deter-
mining ‘the appropriate metric for evaluating creative output’ may be problematic. Thirdly,
she asserts that such studies would entail ‘a required pre- commitment to abstraction- to
the paramount importance of the idea’, Cohen, JE, “Creativity and Culture in Copyright
Theory” (2007) 40 (3) UC Davis Law Review, pp 1151–1206, p 1152.
p 8.
85 Ibid.
Another random document with
no related content on Scribd:
GENERAL CATARRHAL STOMATITIS.
BUCCAL INFLAMMATION.
Mature animals most subject: Causes in horse, mechanical, chemical, microbian
irritants—alkalies, acids, caustics, hot mashes, ferments, fungi, rank grasses,
excess of chlorophyll, clover, alfalfa, acrid vegetables, bacterial infection secondary,
acrid insects in food; symptomatic of gastritis, pharyngitis, diseased teeth, specific
fevers. Symptoms: Congestion and tumefaction of buccal mucosa, lips and salivary
glands; Epithelial desquamation; fœtor; salivation; froth; papules; vesicles.
Prognosis. Treatment: Cool soft food; antiseptics; wet applications to skin;
derivatives.
This is much more common in the adult than in suckling domestic
animals. None of the domestic mammals or birds can be considered
immune from it, but as its causes and manifestations differ
somewhat it seems well to consider it separately in the different
genera.
GENERAL CATARRHAL STOMATITIS IN
SOLIPEDS.
Causes. These may be classed as mechanical, chemical, microbian

and other irritants. In the horse it is often due to the reckless
administration of irritant liquids as remedies. Owing to the length of
the soft palate the horse can refuse to swallow any liquid as long as
he chooses, and some of the worst cases of stomatitis I have seen
resulted from the retention in the mouth of caustic alkaline liquids
given under the name of “weak lye.” Strong acids and caustic salts
dissolved in too little water or other excipient, or suspended in
liquids in which they cannot dissolve, or made into boluses which are
crushed between the teeth are not infrequent conditions. Too hot
mashes given to a hungry horse is another cause of this trouble.
Fermented or decomposed food is often most irritating. Coachmen
will sometimes induce it by attaching to the bit bags of spicy or
irritant agents, to cause frothing and make the animal appear
spirited.
Fungi in fodders are among the common causes. The rust of wheat
(puccinia graminis), the caries of wheat (tilletia caries), the blight
(erysiphe communis), ergot (claviceps purpurea), the fungus of rape
(polydesmus excitiosus) and the moulds (penicillium and puccinia)
have all been noticed to coincide with stomatitis, and charged with
producing it. On the other hand, at given times, one or other of these
cryptogams has been present extensively in the fodder without any
visible resultant stomatitis. The apparent paradox may be explained
by the fact that these fungi vary greatly in the irritant or harmless
nature of their products according to the conditions under which
they have grown, and the stage of their development at which they
were secured and preserved. Ergot notoriously differs in strength in
different years, on different soils, under various degrees of sunshine,
shade, cloud, fog, etc. In different States in the Mississippi valley it is
not uncommon to find stomatitis in horses in winter, fed on ergoted
hay, while cattle devouring the same fodder have dry gangrene of
feet, tail and ears. Yet in other seasons the ergot fails to produce
these lesions. Rank grown, watery vegetation, especially if it contains
an excess of chlorophyll is liable to cause stomatitis. Red and white
clover, trefoil, hybrid and purple clover, and alfalfa have all acted
more or less in this way, though in many cases, the food has become
musty or attacked by bacterial ferments. Some of the strongly
aromatic plants, and those containing acrid principles (cicuta virosa,
œnanthe crocata, mustard, etc.) cause buccal inflammation and
salivation.
The irritation in many such cases is not due to one agent only, the
vegetable or other irritant may be the starting point, acting but as a
temporary irritant, the action of which is supplemented and
aggravated by the subsequent attacks of bacterial ferments on the
inflamed, weakened or abraded tissues. The bacteria present in the
mouth, food or water would have had no effect whatever upon the
healthy mucosa, while they make serious inroads on the diseased. On
the other hand the vegetable, mechanical or chemical irritant would
have had but a transient effect, but for the supplementary action of
the bacteria.
In horses that have the bad habit of retaining masses of half
masticated food in the cheeks the growth of cryptogams is greatly
enhanced and such food often becomes violently irritating.
Among other mechanical causes may be named pointed or barbed
hairs or spines (barley awns, spikes, thorns, etc.) which, lodging in a
gland orifice, or in a wound of the gum or mucosa, form a source of
irritation or a centre for bacterial growth and abscess.
Again, irritants of animal origin must be named. These are not
taken by choice, but when lodged in fodder, or in the pastures they
are taken in inadvertently with the food. In this way poisonous
insects, and especially hairy caterpillars, cantharides, potato bugs,
etc., gain access to the mouth.
It must not be overlooked that stomatitis occurs as an extension,
sympathetic affection or sequel of diseases of other organs. Gastritis
is usually attended by redness and congestive tenderness of the
tongue, especially of the tip and margins, and other parts of the
buccal mucosa, notably the palate just back of the incisors, are often
involved. In other cases it appears as a complication of pharyngitis,
laryngitis, of affections of the lower air passages, of the teeth and
periodontal membrane or of the salivary glands.
It appears also in a specific form in certain fevers, as in horsepox,
pustulous stomatitis, aphthous fever and even in strangles. Mercurial
stomatitis, rarely seen at the present time, is one of the worst forms
of the disease, and like the infectious forms will be treated
separately.
Lesions and Symptoms. At the outset and in the slighter forms of
congestion there is merely heat and dryness of the buccal mucosa.
Redness may show on the thinner and more delicate portions of the
membrane, as under the tongue, on the frænum, and on the
sublingual crest. But elsewhere it is hidden by the thickness of the
epithelium, and the manifestations are merely those of suppressed
secretion with local hyperthermia.
As the congestion is increased there is seen, even at this early
stage, a slight thickening or tumefaction of the mucosa, especially on
the gums, lips, the sublingual area, the orifices of the salivary glands,
and the palate back of the upper incisors. On the dorsum of the
tongue, the cheeks and lips, generally the lack of loose connective
tissue tends to prevent the swelling.
With the advance of the inflammation the redness of the mucosa
extends, at first in points and circumscribed patches, and later over
the entire surface. The epithelium drying and degenerating in its
surface layers forms with the mucus a sticky gummy film on the
surface, which, mingling with decomposing alimentary matters gives
out a heavy, offensive or even fœtid odor.
The different parts of the mouth are now tender to the touch, and
this, with the fœtor and even bitterness of the bacterial products
combine with the general systemic disturbance in impairing or
abolishing appetite. In any case mastication becomes slow and
infrequent, and morsels of food are the more likely to be retained, to
aggravate the local condition by their decomposition.
The dry stage is followed by the period of hypersecretion, and in
this the salivary glands take a prominent part, so that ptyalism
(slobbering) becomes the most marked feature of the disease. The
saliva mixed with the increasing secretion of mucus and the
abundance of proliferating and shedding epithelium, escapes from
the lips and falls in stringy masses in the manger and front of the
stall. When there is much motion of the jaws and tongue it
accumulates as a froth around the lips.
A careful examination of the mucosa will sometimes detect slight
conical elevations with red areolæ, representing the tumefied orifices
of the obstructed mucous follicles, and later these may show as
minute erosions. Even vesicles have been noticed (Weber,
Dieckerhoff, Kosters), but when these are present one should
carefully exclude the specific stomatites such as horsepox, contagious
pustular stomatitis, aphthous fever, etc.
Erosions of the mucosa and desquamation of the epithelium have
been noticed in horses fed on purple (hybrid) clover, buckwheat or
ergot, and in some of these cases the inflammation has extended (in
white faces especially) to the skin of the face, the mucosa of the nose,
and the adjacent glands, and as complications icterus, constipation,
colics, polyuria, albuminuria and paresis of the hind limbs have been
observed. These latter are common symptoms of cryptogamic
poisoning.
Prognosis. In uncomplicated cases the disease is not a grave one,
lasting only during the continued application of the local irritant, and
recovering more or less speedily when that has been removed.
Complications are dangerous only when due to some specific disease
poison (glanders, actinomycosis, strangles, etc.), and even poisoning
by the usual cryptogams of leafy or musty plants is rarely persistent
in its effects.
Treatment. This resolves itself into the removal of the irritant
cause and the soothing of the irritation. When the cause has been
definitely ascertained the first step is easy.
In the direction of soothing treatment, a careful selection of diet
stands first. Fibrous hay and even hard oats, barley or corn may have
to be withheld, and green food, or better still, bran mashes, gruels,
pulped roots or fruits allowed. Scalded hay or oats, ensilage, sliced
roots, or ground feed may often be taken readily when the same
aliments in their natural condition would be rejected or eaten
sparingly.
Medicinal treatment may often be given in the drinking water
which should always be allowed in abundance, pure and clean. In the
way of medication chlorate of potash, not to exceed one-half to one
ounce per day according to the size of the animal, may be added,
together with an antiseptic (carbolic acid, borax, permanganate of
potash, common salt, naphthol, creolin, hyposulphite of soda). In
case of severe swelling, a cap made to fit the head with strips wet in
alum and vinegar or other astringent solution maintained against the
intermaxillary space may be desirable. Support for the tongue may
be necessary as mentioned under glossitis.
In case of complications on the side of the bowels, liver or kidneys,
laxatives, diuretics and antiseptic agents may be called for.
CATTLE.
Dense resistant mucosa protective: Affection usually circumscribed. Action of
violent irritants, and toxins of specific fevers. Mechanical irritants. Symptoms:
Salivation; congestion; eruptions; erosions; ergot; acrid vegetables; caustics.
Treatment: Astringents; antiseptics; refrigerants; derivatives; tonics. Removal of
foreign bodies. Lesions and symptoms in sheep.
The mouth of the ox as Cadeae well says has a cuticular epithelium
too thick and resistant to be easily attacked by microbes. It follows
that infected inflammations are far more frequently circumscribed
than in the thinner and softer buccal mucosa of the horse. The more
general buccal inflammations come more particularly from the use of
food that is too hot or that contains strongly irritant agents. The
thickness of the buccal epithelium however, is no barrier to the local
action of poisons operating from within as in rinderpest, or aphthous
fever, or in malignant catarrh, nor is it an insuperable barrier to the
local planting of the germs of cow pox, anthrax, actinomycosis, or
cryptogamic aphtha (muguet). The wounds inflicted by fibrous food
make infection atria for such germs, hence the great liability to such
local inflammations, in winter when the animals are on dry feeding.
For the same reason, perhaps, the prominent portions of the buccal
mucosa,—the papillæ—are sometimes irritated themselves while
serving as protectors for the general mucous surface, and hence they
become specially involved in inflammation, which constituted the
“barbs” of the old farriers. Utz records a buccal inflammation
occurring in herds fed on green trefoil, first cutting, showing that
even in cattle this agent may determine a general stomatitis.
Symptoms. These do not differ from those of the horse, and
resemble, though often in a milder form, the buccal manifestations of
aphthous fever. There is the difficulty of mastication and
indisposition to take in fibrous aliment, the drivelling of saliva from
the mouth, or its accumulation in froth around the lips, the frequent
movement of the tongue and jaws, and the congestive redness,
papular eruption, vesication, or even erosion of the affected mucous
membrane. It is always necessary to guard against confounding the
simple stomatitis, and the slighter infected inflammations, from the
more violent infections above referred to. The special diagnostic
symptoms must be found under the respective headings. The
aphthous fever is not to be expected in American herds, but the
stomatitis which is associated with ergot in the food is met more
particularly in winter and spring, and must not be confounded with
the specific disease, on the one hand nor with the simpler forms of
buccal inflammation on the other. In the case of ergoted fodder the
signs of ergotism in other situations will be found, in the affected
animals, such for example as necrotic sloughs and sores around the
top of the hoof, sloughing of the hoof or of one or more digits, or of
the metatarsus, of the tip of the tail or ear; abortions, convulsions,
delirium, lethargy or paralysis. If not seen in the same animals some
of these forms may be observed in other members of the herd. Then
the buccal lesions are in themselves characteristic: soft, whitish,
raised patches of the epithelium (rarely blisters) are followed by
desquamation and exposure of the red, vascular surface beneath, and
this tends to persist if the ergoted fodder is persisted in.
Treatment. Simple stomatitis of the ox generally tends to
spontaneous and early recovery. The simplest astringent and
antiseptic treatment is usually sufficient to bring about a healthy
action. Borax given in the drinking water, not to exceed four ounces
per day, or the same amount mixed with syrup or honey and
smeared occasionally on the tongue, or hyposulphite or sulphite of
soda, or weak solutions of carbolic acid will usually suffice, after the
irritant cause has been removed. Vinegar, or highly diluted mineral
acids may be used but are somewhat hurtful to the teeth. Decoctions
of blackberry bark or solutions of other vegetable astringents may be
used as alternatives. When there is evidence of irritant matters in the
stomach or bowels, a saline laxative will be advisable to be followed
by vegetable bitters or other tonics. Thorns and other foreign bodies
imbedded in the tongue or other part of the mouth must be
discovered and removed.
CATARRHAL STOMATITIS IN SHEEP.
The more delicate buccal mucosa in these animals would render
them more subject to inflammations, but this is more than
counterbalanced by the mode of prehension of aliments, not by the
tongue, but by the delicately sensitive lips, and further by the
daintiness and care with which these animals select their food. The
treatment would not differ materially from that prescribed for the
ox.
DOGS.
Causes: burns; spiced food; bones; sepsis; ferments; pin caterpillar; dental and
gastric troubles. Symptoms: careful prehension and mastication; congestion;
swelling; eruption; erosion; furred tongue; stringy salivation; fœtor; swelling of
lips, cheeks, intermaxillary space, and pharynx. Treatment: demulcent foods;
antiseptics; derivatives; tonics; care of teeth and gums.
Causes. Hot food is a common cause in hungry dogs. Spiced food
in house dogs fed scraps from the table tend to congestion of mouth
and stomach alike. Irritation through wounds with bones, especially
in old dogs with failing teeth, and in exceptional cases the impaction
of a bone between the right and left upper molars are additional
causes. Putrid meat must also be recognized as a factor, the septic
microbes seizing upon the wounds and spreading from this as an
infecting centre. Lactic acid and other irritant products developed
through fermentation of particles of food retained about the gums
and cheeks soften the epithelium and irritate the sub-epithelial
tissue, causing congestion. Megnin draws attention to the fact that
the pin caterpillar (bombyx pinivora) found on the stalks of couch
grass (Triticum repeus) produces buccal irritation when chewed and
swallowed to induce vomiting. As in other animals more or less
buccal congestion attends on gastric congestion and inflammation.
Dental troubles are often sufficient causes.
Symptoms. The animal becomes dainty with regard to his food,
picking up the smaller or softer pieces and rejecting the larger or
harder. Mastication is painful and selection is made of moist or soft
articles which can be swallowed without chewing or insalivation. The
mouth is red and hot, and at times the mucous membrane eroded, or
blistered, the lesions concentrating especially on the gums and
around the borders of the tongue. The dorsum of the tongue is
furred, whitish, yellowish or brownish. Saliva collects in the mouth
and escapes in filmy strings from its commissures, and the odor of
the mouth becomes increasingly foul. Swelling of the lips, cheeks or
intermaxillary space marks the worst cases.
Treatment. Withdraw all irritant and offensive aliments. Give
soups, mushes, scraped or pounded lean meat in small quantities,
washing out the mouth after each meal with a 20 per cent. solution of
permanganate of potash or borax or a two per cent. solution of
carbolic acid. Cadeac advises against chlorate of potash on account of
its known tendency to bring about hæmoglobinæmia in dogs. A
laxative and bitters may be called for in case of gastritis or
indigestion, and any morbid condition of the teeth must be attended
to. Decayed teeth may be removed. Tartar especially must be cleaned
off by the aid of a small wooden or even a steel spud and a hard
brush with chalk will be useful. A weak solution of hydrochloric acid
is usually employed to loosen the tartar, but this is injurious to the
structure of the teeth and had best be avoided if possible. Tincture of
myrrh is especially valuable both as a gum-tonic and as a deodorant
and antiseptic. This may be rubbed on the irritated gums as often as
the mouth is washed.
SWINE.
Causes: Irritants; ferments; noose on jaw; specific poisons. Symptoms: Careful

feeding; thirst; frothy lips; champ jaws; redness; swelling; fœtor. Treatment:
Cooling, astringent, antiseptic lotions; mushy food; derivative; tonics.
Causes. Swine suffer from simple stomatitis when exposed to

thermal, mechanical or chemical irritants. Food that is too hot, or
that which is hard and fibrous, or that which contains spikes and
awns, capable of entering and irritating gland ducts or sores, or food
which is fermented or putrid, food or medicine of an irritant
character. The habit of catching and holding swine with a running
noose over the upper jaw, and the forcing of the jaws apart with a
piece of wood in search of the cysticercus cellulosa are further
causes. In several specific infectious diseases inflammation of the
mucous membrane with eruption or erosion is not uncommon. Thus
aphthous fever is marked by vesicular eruption, muguet by epithelial
proliferation and desquamation, hog cholera and swine plague by
circumscribed spots of necrosis and erosion. Patches of false
membrane are not unknown, and local anthrax, tubercle and
actinomycosis are to be met with. Inflammation may start from
decaying teeth.
Symptoms are like as in other animals, refusal of food, or a
disposition to eat sparingly, to select soft or liquid aliments, to
swallow hard materials half chewed or to drop them, to champ the
jaws, and to seek cold water. Accumulation of froth around the lips is
often seen, and the mouth is red, angry, dry, and hot, and exhales a
bad odor.
Treatment does not differ materially from that adopted in other
animals. Cooling, astringent, antiseptic lotions, honey and vinegar,
and in case of spongy or eroded mucosa, tincture of myrrh daily or
oftener. Soft feeding, gruels, pulped roots, or well kept ensilage may
be used, and clean, cool water should be constantly within reach. In
case of overloaded stomach or indigestion a laxative followed by
bitter tonics will be in order.
CATARRHAL STOMATITIS OF BIRDS. PIP.
Causes: hurried breathing; local irritants; exposure; filthy roost. Symptoms:

gaping; roupy cry; epithelial pellicle on tongue, larnyx. or angle of the bill.
Treatment: pick off pellicle; smear it often with glycerized antiseptic. Remove
accessory and exciting causes.
This form of inflammation of the tongue of birds is characterized

by the increased production and desiccation of the epithelium so that
it takes on a horny appearance. According to Cadeac it may
accompany various inflammatory affections of the air passages,
which cause hurried breathing with persistently open bill, and thus
entail evaporation of the moisture. More commonly it has its primary
cause in local inflammation of the surface in connection with damp,
cold, draughty hen-roosts, and above all, the accumulation of
decomposing manure and the exhalation of impure gas. Even in such
cases the abnormal breathing with the bill open is an accessory cause
of the affection.
Symptoms. The breathing with open bill should lead to
examination of the tongue, but above all if at intervals the bird with a
sudden jerk of the head emits a loud shrill, raucous sound, which
reminds one of the cough of croup. The tip and sides of the tongue
are found to be the seat of a hard, dry, and closely adherent epithelial
pellicle, which suggests a false membrane.
Treatment. The common recourse is to pick or scrape off the
indurated epithelial mass, leaving a raw, bleeding surface exposed.
This is then treated with a solution of borax, or chlorate of potash.
Cadeac deprecates this treatment as useless and dangerous, and
advises the disintegration of the dry epithelial mass with a needle
taking care not to prick nor scratch the subjacent sensitive tissue,
and to wash with a 5 per cent. solution of chlorate of potash. A still
more humane and effective method is to make a solution of
hyposulphite of soda in glycerine and brush over the affected surface
at frequent intervals. This may be conveniently applied through the
drinking water.
In case of implication of the lower air passages or lungs, the
treatment must be directed to them, and soft, warm, sloppy food and
the inhalation of water vapor will prove of great advantage. Secure
clean, sweet, dry pens, pure air, and sunshine. (See pseudo
membranous enteritis.)
LOCAL STOMATITIS.
Division of circumscribed buccal inflammations: palatitis; gnathitis gingivitis;

glossitis. Causes: injuries; acrid; venomous or caustic agents; diseased teeth;
foreign bodies in gland ducts; malformed jaws; infections, etc. Symptoms:
salivation; difficult prehension and mastication; dropping half masticated morsels;
distinctive indications of different caustics; abrasion; abscess; slough; infective
disease lesions. Treatment: for palatitis, massage by hard corn ears, scarification,
laxatives; for gnathitis, care for teeth and ducts, astringent washes, eliminate
mercury; for glossitis, remove cause, use antidote to venom, or to chemical irritant,
astringent, antiseptic lotions or electuaries, evacuate abscess, soft, cool diet,
elevate the head, suspend the tongue.
Localized inflammations in the buccal cavity are named according

to the portion of the lining membrane attacked;—palatitis if seated
in the roof of the mouth; gnathitis if restricted to the cheeks;
gingivitis if to the gums; and glossitis if to the tongue.
Palatitis. Lampas. Congestion of the hard palate behind
the upper front teeth. This is usually seen in young horses during
the period of shedding the teeth and is caused by the irritation and
vascularity consequent on teething. The red and tender membrane
projects beyond the level of the wearing surfaces of the upper
incisors, and may materially interfere with the taking in of food. A
common practice in such cases is to feed unshelled Indian corn, the
nibbling of which seems to improve the circulation in the periodontal
membrane and by sympathy in the adjacent palate. Superficial
incisions with the lancet or knife will usually relieve, and may be
followed by mild astringent lotions if necessary. If apparently
associated with costiveness or gastric or intestinal irritation a dose of
physic will be demanded. Nothing can excuse the inhuman and
useless practice of burning the parts with a hot iron.
Gnathitis. Inflammation of the Cheeks. Usually resulting as
a distinct affection from irregular or overgrown teeth, or the entrance
of vegetable spikes into the gland ducts, these cause local swelling
and tenderness, slow imperfect mastication, dropping of food half
chewed, accumulation of food between the cheeks and teeth,
thickening, induration and sloughing of the mucous membrane with
excessive fœtor.
Treatment. Consists in correcting the state of the teeth and ducts
and using one of the washes recommended for glossitis.
Gingivitis. Inflammation of the gums. This is either
connected with the eruption of the teeth in young animals and to be
corrected by lancing the swollen gums and giving attention to the
diet and bowels; or it is due to scissor-teeth or to the wear of the
teeth down to the gums in old horses; or it is dependent on diseased
teeth, or mercurial poisoning, under which subjects it will be more
conveniently considered. Barley awns or other irritants must be
extracted.
Glossitis, Inflammation of the Tongue. Causes. Mostly the
result of violence with bits, ropes, etc., with the teeth, or with the
hand in giving medicine; of scalding food, of acrid plants in the food:
of irritant drugs (ammonia, turpentine, croton, lye, etc.), or of sharp,
pointed bodies (needles, pins, thorns, barley and other barbs, etc.)
which perforate the organ. In exceptional cases leech and snake bites
are met with especially in cattle, owing to the tongue being exposed
when taking in food. Local infections and those of the specific forms,
determine and maintain glossitis.
Symptoms: Free flow of saliva, difficulty in taking in food or
drinking, and red, swollen, tender state of the tongue, which in bad
cases hangs from between the lips. The mucous membrane may be
white, (from muriatic acid, alkalies, etc.), black, (from oil of vitriol,
lunar caustic, etc.), yellow, (from nitric acid, etc.), or of other colors
according to the nature of the irritant. It may be raised in blisters,
may present red, angry sores where the epithelium has dropped off;
may become firm and indurated from excessive exudation; may swell
and fluctuate at a given point from the formation of an abscess; or
may become gangrenous in part and drop off. Breathing is difficult
and noisy from pressure on the soft palate. There is usually little
fever and death is rare unless there is general septic infection.
Treatment will depend on the cause of injury. In all cases seek for
foreign bodies imbedded in the organ and remove them. If snake
bites are observed use ammonia or potassium permanganate locally
and generally, or cholesterin as a local application. If the irritation
has resulted from mineral acids, wash out with calcined magnesia
lime water, or bicarbonate of soda or potash. If from alkalies (lye)
use weak vinegar. If from caustic salts employ white of egg,
vegetable-gluten, boiled linseed, slippery elm, or other compound of
albumen or sheathing agent. In ordinary cases use cold astringent
lotions, such as vinegar and water; vinegar and honey; borax, boric
or carbolic acid, chlorate of potash, alum or tannin and honey.
Poultices applied around the throat and beneath the lower jaw are
often of great value. The bowels may be relieved if necessary by
injections, as it is usually difficult to give anything by the mouth. If
ulcers form touch them daily with a stick of lunar caustic or with a
fine brush dipped in a solution of ten grains of that agent in an ounce
of distilled water. For sloughs use a lotion of permanganate of
potash, one drachm to one pint of water, or one of carbolic acid, one
part to fifty of water. If an abscess forms give a free exit to the pus
with the lancet, and afterward support the system by soft nourishing
diet, and use disinfectants locally. As in all cases of stomatitis, the
food must be cold gruels or mashes, or finely sliced roots will often
be relished.
The mechanical expedient of supporting the tongue in a bag is
essential in all bad cases, as if allowed to hang pendulous from the
mouth inflammation and swelling are dangerously aggravated.
APHTHOUS STOMATITIS. FOLLICULAR
STOMATITIS.
Causes: in horse, ox, dog; rough, fibrous food, blistering ointments, bacteria.
Symptoms: general stomatitis, and special; papules with grayish centres and red
areolæ, vesiculation, ulceration. Treatment: Astringent, antiseptic, derivative,
tonic, stimulant.
This is a rare affection in ruminants where the thickness of the
epithelial covering appears to be a barrier to infection or injury,
while it is common in the more delicate and sensitive buccal mucosa
of the horse and dog. In the horse the ingestion of irritant plants with
the food and the penetration of vegetable barbs into the mucous
follicles may be charged with causing the disease, while in both horse
and dog the licking of blistering ointments and the local action of
fungi and bacteria are factors in different cases.
Symptoms. With the ordinary symptoms of stomatitis, there
appear minute firm, whitish, circular elevations representing the
openings of the inflamed mucous or salivary follicles, having a
reddish areola, and grayish white vesicular centre. They may amount
to a line or more in diameter, and on bursting leave red cores or
ulcers. The whole mouth may be affected or the disease may be
confined to the lips, gums or tongue.
Treatment. Beside the general astringent washes, this affection is
greatly benefited by the local use of antiseptics, as sulphite or
hyposulphite of soda, 2 drachms in a quart of water. Borax,
permanganate of potash, carbolic acid or other antiseptic in suitable
solution may be substituted. Saline laxatives are often useful to
remove sources of irritation in stomach and intestines, and iron salts
(chloride or nitrate) in full and frequently repeated doses may be
given internally. Ulcers may be cauterized and soft food and pure
water given from an elevated manger.
ULCERATIVE STOMATITIS. GANGRENOUS
STOMATITIS.
Causes: specific disease poisons; debility; rachitis; cancer; chronic suppuration;
irritation—mechanical, chemical, thermic, venomous, etc. Symptoms: difficult,
imperfect prehension and mastication, salivation, bleeding, swollen, puffy
epithelium, blisters, extending erosions, deep or spreading. Duration. Treatment:
correct constitutional fault, tonics, soft, digestible food, antiseptics, mild caustics.
This is characterized by the formation of necrotic spots and
patches of the buccal epithelium, with desquamation, and the
formation of more or less rodent ulcers of the sub-epithelial mucosa.
Like other ulcerative processes it is usually due to microbic invasion,
and in this way it may supervene on other and simpler forms of
stomatitis. It also varies in its manifestations and nature according to
the genus of animal, and the specific microbe present.

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Creative Autonomy, Copyright and

Popular Music in Nigeria 1st ed. Edition

“Creative Autonomy, Copyright and Popular Music in Nigeria is a welcome

ISBN 978-3-030-48693-8 ISBN 978-3-030-48694-5 (eBook)

music industry. It derives from Mary’s doctoral dissertation which I super-

London, UK Dr. Uma Suthersanen

Special thanks to Michelle Chen, Rebecca Roberts, Ashwini Elango and

1 The Significance of Measuring Creative Autonomy

2 The Traditional Structure of the Popular Music

3 The Unique Structure of the Nigerian Popular Music

4 An Empirical Analysis of the Status of Performing

4.6.1 On Contracts 130

5 Justifying Creative Autonomy within Copyright

6 Problems for Creative Autonomy in Copyright Law 173

7 Problems for Creative Autonomy in New Business

8 Problems for Creative Autonomy in Recording

9 Strategic Policy and Legislative Recommendations

10 Summary and Conclusions 271

A&R Artist and Repertoire

Agreement on Trade Related Aspects of Intellectual Property Rights 1994

Copyright Act, USSR Laws 1925, No 67 (January 30, 1925)

Unfair Contract Terms Act 1977 (UK)

Fig. 2.1 Executive roles and their exercise of authorial rights 56

Table 1.1 Authors’ exclusive economic rights 39

The Significance of Measuring Creative

1.1 Introduction to the Problem

© The Author(s) 2020 1

generally referred to as the Nigerian music industry.2 In discussing the

Although this book is not primarily concerned with the semantic or

interactions between creative and corporate- commercial elements. Essen-

1.2 Illustration of the Problem

a. Uniform sounds and the interplay between creative and commercial

1.2.1 Uniform Sounds and the Interplay

many songs have been described as duplicates of each other.16 Explaining

16 “Commercialism… the Gift and Curse of Nigerian Music Industry” (2012),

1.2.2 The ‘Performing Author’ and the Intersection

20 Arnold, R, “Reflections on the Triumph of Music: Copyrights and Performers’ Rights

role as the ‘performing author’, and particularly focusses on authors who

Accordingly, where an author of musical works is restricted from

1.2.3 Copyright and the Status Quo

27 Infra, Sect. 2.3.2.3.

1.3 Significance of this Book

as a fusion of older West African genres like ‘High-Life’ and ‘Afro-Beat’

41 “Music Industry Structure”, available at http://www.generator.org.uk/node/58

Furthermore, while the digitisation of music sales has been an issue of

One compelling factor behind the focus of this book on Nigeria as

1.4 Hypothesis and Sub-questions

will also emphasise the importance of empirical evidence in formulating

b. What is the rhetoric on creative autonomy in copyright justification

c. If record labels and industry formulas are observed to influence

The book examines some of the business practices of recording compa-

55 Infra, Sect. 4.1.

copyright law or appreciate the significance of some clauses in their

1.5 Scope and Limitations

and internationalised popular music industries.60 This is for the purpose

67 Infra, Sects. 5.3.4 and 6.4.

consideration for copyright and for structural development in the Nige-

1.6 Sources and Materials Used

Subject to the provisions of this section and except in so far as other

empirical data, collected through interviews and questionnaires, to iden-

1.7.1 Conceptualising a Framework for Measuring Creativity

argues that in the period when economics developed into a distinct

Causes. These may be classed as mechanical, chemical, microbian