Gani (2020)

From Copyright EVIDENCE

Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing (including video games) Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

Gani (2020)
Title: An Empirical Analysis of the Status of Performing Authors’ Creative Autonomy
Author(s): Gani, M.W.
Year: 2020
Citation: Gani, M.W. (2020) An Empirical Analysis of the Status of Performing Authors’ Creative Autonomy in Creative Autonomy, Copyright and Popular Music in Nigeria Palgrave Macmillan Cambridge, pp 97-137
Link(s): Definitive
Key Related Studies:
Discipline:
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About the Data
Data Description: Data were obtained from semi-structured interviews with 32 various professionals of the Nigerian popular music industry.
Data Type: Primary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: No
Comparative Study?: No
Literature review?: No
Government or policy study?: No
Time Period(s) of Collection:
Funder(s):

Abstract

“Gani conducts empirical analysis to verify the status of creative autonomy for performing authors and to ascertain the responsibility for the status quo. The chapter assesses data collected from performing authors, record label executives and other stakeholders in the Nigerian popular music industry. Using mixed methods of analysis, it shows the experiences of performing authors in relation to copyright law, popular music trends and their contractual relationships with record labels. The analysis also shows the contrasting responses of record label executives, and the views of stakeholders which served as a control for the exercise. Using relatively simple mathematical and graphic methods of sorting and depicting data, the chapter shows the influence of copyright, contracts and business practices on performing authors’ creative autonomy."

Main Results of the Study

•Whilst performer’s are initially inspired to create their music for their own personal experience and self-expression (nearly 82%), in practice many adhere to commercial music trends. Ultimately, participants report that making money is the primary goal of creating music. The study notes that record companies pursuit of ‘uniqueness’ in this regard may instead be a concept more related to the pursuit of revenue rather than self-expression.
•60% of participants reported that they experienced external pressure from their record label to adhere to commercial trends. Nonetheless, most performers (95%) have either had, or wish to have in future, a recording contract in order to provide financial and structural security.
• Performing authors remain protective over their copyright, with 40% reporting that maintaining creative control over their work is more important than signing a recording contract. Nearly 70% outright objected to assignments of copyright. In respect of both of these issues, most of these percentages were made up of independent artists.
• A significant amount of performing artists report little to no knowledge of copyright law (43%). By contrast, record labels rely on copyright law and maximise its provisions through contract, potentially creating an imbalance in bargaining power between the parties.

Policy Implications as Stated By Author

The study does not make any explicit policy recommendations.


Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Green-tick.png
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Green-tick.png
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Green-tick.png
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

Sample size: 32
Level of aggregation: Music professionals
Period of material under study: