Recently, the issue of clearance came into play when two
artists: Goya Menor and Nektunez sampled the 1996 song, Ameno by
E.R.A which became popular in the Nigerian music circle in 2021.
The new song popularly known as “Ameno Dorime” was
abruptly pulled from Digital Streaming Platforms (DSPs). In simple
terms, Goya and Nektunez failed to obtain the right level of music
clearance from the right holders in the song.
When you plan to create content or use existing third-party
content in a new work, a review is needed to ensure that it is
permitted to use such content. This review is what is known as the
right clearance.
To conduct the right clearance, engage an entertainment lawyer
to do the following:
- Identify protectable content.
- Determine who owns or controls the rights to the content.
- Evaluate to determine whether or not permission is needed.
- Seek permission from the rights owner, if permission is
required.
In the event that there is unauthorized use of a third
party’s intellectual property, liability could arise for such
infringement. The unauthorized use of a third party’s content
could subject the infringer to liability for violating a third
party’s copyright, trademark, or other intellectual property or
proprietary rights.
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A rights clearance review should be done for all content, which
includes but not limited to films, books, songs, television shows,
advertisements, online videos, etc.
Although there is a degree of fair use permissible in the
creative industry to encourage continuous creativity and to avoid
stifling creativity, creatives need to be protected as well as
their creations and unauthorized use will amount to infringement
and attract liability.
Conclusively, it is best to make requests for permission in
writing before using third-party content. It is also advisable to
engage an entertainment lawyer to assist in the process so as not
to miss any important step that may result in impending
liability.
Learn more about Right Clearance for films, books, songs,
television shows, advertisements, and online videos from S.E.T GUIDE SERIES: Entertainment Law –
Intellectual Property and More a production of OLISA AGBAKOBA
LEGAL.
Order S.E.T. Guide To Entertainment Law
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.