COPYRIGHT AND THE NIGERIAN LIVE BAND CULTURE: FAIR DEALING, INFRINGEMENT OR CULTURAL EXPRESSION?

Abstract

Copyright protection automatically covers every work once it is created, irrespective of the fixed medium of expression. for a work to be used by anyone other than the copyright owner, permission must first be obtained, if not, the user would be termed an infringer. The law of various jurisdictions also specifies certain acts that would not constitute an infringement of a copyrighted work when done, and these acts fall under what is known as fair dealing or fair use. in Nigeria, Culture is tantamount to identity. numerous ethnic groups find ways to express themselves culturally, and one of these ways is being entertained by live bands in public places. this study adopts a doctrinal research methodology, using statutes, judicial precedent and scholarly literature to analyze the legal complexities arising from the performance of musical works and sound recordings by live bands at public places, particularly the tension between cultural expression, fair use and copyright infringement. the study finds that while the performances of live bands in Nigeria serve significant cultural and social functions, there is limited clarity provided by existing copyright frameworks, thereby creating a legal grey area for performers and copyright owners. The study therefore highlights the need for a more culturally responsive interpretation of copyright exceptions in Nigeria.