CRACKING THE CODE OF PATENT LAW IN THE MUSIC INDUSTRY

CRACKING THE CODE OF PATENT LAW IN THE MUSIC INDUSTRY

INTRODUCTION

People in the music industry rarely think about patents when it comes to intellectual property because most of them are unfamiliar with it. Patents can be protected in the music industry in the same way that they are in other industries. Novel, non-obvious, and practical inventions are protected legally by patents. In a world where the music industry is driven by creativity and innovation, you should give patent protection serious thought. In the constantly changing music industry, patents are vital tools that enable artists to safeguard their ground-breaking inventions.

In the music industry, patents can cover a wide range of innovations, including new musical instruments, audio processing technologies, and software applications. In this article, case studies of individuals who have made noteworthy contributions to the music industry are used to explore how patents can be used to protect creative ideas, such as sound, dance movement, and musical instruments.

UNDERSTANDING PATENT

A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem[1]. A patent is an official government license or authorization that gives an exclusive right to an individual who invented something new for a specific period. During the patent's issuance, others are not permitted to reproduce, use, or commercialize the invention within the jurisdiction of issuance without the inventor's permission or consent.

INVENTIONS IN THE MUSIC INDUSTRY

In the music industry, patents can cover a wide range of inventions, including but not limited to;

• Sound processing technologies- audio plugins, sound mixing techniques or virtual instruments. to produce novel sounds.

• Dancing movements- choreographic techniques and performance styles,

• New musical instruments or modifications to existing instruments.

SOUND PROCESSING TECHNOLOGIES:

I've experienced music studio sessions, where producers develop an entirely novel sound, using plugins and sound mixing instruments.

In the music industry, various innovative sounds have emerged, with Nigeria serving as a prime example, especially with the recognition of Afrobeat which originated in Nigeria by Fela Anikulapo in the late 1960s. Kcee also created a new sound by combining Amapiano and the sound of the traditional Igbo flute, I hope he turns Ojapiano into a music genre, or at least a sub-genre. Producers and musicians can invent novel sounds which can help to avert disputes over ownership just like the recent social media dispute over Amapiano sound. The Amapiano sound is believed to have been invented by a DJ/producer duo MFR Souls from southeastern Johannesburg, South Africa. Anyone who is familiar with the music of Wizkid, Burna Boy and Davido will agree that their sounds are different, even though their sounds have Afro Fusion. Recently, Wizkid expressed his desire to move beyond restrictive sound, which was seen in his recent Instagram story post asserting, "I don’t want this labelled just Afrobeats."

Innovation of sound is not limited to musicians; Sound engineers, producers, and technologists can also do collaborative work to invent new sound in the music industry. Whether through the creation of new musical genres, audio technologies, or soundscapes.

DANCE MOVEMENTS- CHOREOGRAPHIC TECHNIQUES, AND PERFORMANCE STYLES

Innovation in dance involves creating new movements, choreographic techniques, and performance styles in the music industry.

Back in my days in the Faculty of Law, Lagos State University, Poco Lee who was also a student then showcased his dancing talent by performing some new dance moves, and a particular dance style was attributed to him. Dance in itself encompasses various elements. Dance movement can be protected under the Copyright Act[2] which is considered as choreographic work. The name of the dance and its representations are capable of being trademarked under the Trade Marks Act[3]. The invention that facilitates the dance and the costumes can be protected under the Patents Act[4].

Many performers have devised dance moves that, without their knowledge, may be protected, particularly if the move was made with an aid. Michael Jackson, the legendary musician, was a patent holder way back in 1993. Jackson invented these special anti-gravity shoes with the help of two co-inventors. The shoe system allowed the wearer to lean forward beyond the center of gravity. He surprised everybody with his amazing innovative dancing skills and he has inspired people up to date.

NEW MUSICAL INSTRUMENTS OR MODIFICATIONS TO EXISTING INSTRUMENTS.

The 20th century saw so much innovation that it was seen as the "age of musical diversity." Many composers of this era invented brand-new musical instruments or altered pre-existing ones. Eddie Van Halen, for instance, altered the electric guitar's acoustic environment. He promoted the use of both hands to fret notes on the guitar neck, a method known as two-handed tapping, which produced a brand-new, distinctive sound. The invention of the keyboard, guitar, saxophone, and drum set was done by people in the music industry and it helped the creation of melodies to appeal to the ear.

REGISTRATION AND LIFESPAN OF PATENT

The main reason why people in the music industry should register their patents is to ensure that they can exclusively commercially exploit their inventions and also receive credit. A patent can only be granted under the Act if an invention is new and the invention is capable of being used. It can also be registered if it improves an existing patented invention and is also new.

An inventor who satisfies the requirements for patentability, be it a producer, musician, or any other member of the music industry, such person can apply for a patent to the appropriate intellectual property authority. A patent grants the holder exclusive rights for a predetermined amount of time, usually 20 years from the day the application was filed. It should be emphasized that each country has a separate intellectual property legislation, so what is protected in Nigeria may not be protected in another country. An innovation enters the public domain after the patent expires, which happens 20 years after the date of registration. This means the public can now use any sound technologies, dance movements, and developed instruments that were previously protected by registration without restriction.

What Happens When a Patent expires, the following will happen:

• Your intellectual property will be part of the public domain;

• Others will be free to use and sell your invention;

• You may stop receiving patent-related royalties; and

• Patent-related licensing agreements will no longer be enforceable.

CONCLUSION

A wide range of creative people work in the music industry, including producers, recording engineers, lyricists, musicians, and dancers. Many of these individuals develop new dance trends, melodies, and plugins because they are driven by an inventive spirit. They should make sure they protect their invention in the same way as they possess the inventive spirit.

In addition to copyright, the music business should take into account other forms of intellectual property that can be used for profit, such as patents, trademarks, trade secrets, and industrial designs.

[1] Definition by World Intellectual Property Organisation (WIPO).

[2] Section 108 (1) of Copyright Act, 2022

[3] CAP. T13 Laws of the Federation of Nigeria (LFN), 2004.

[4] Patents and Designs Act 1970