MUSIC LICENSING IN FILMS: AVOIDING COPYRIGHT LIABILITY IN SOUNDTRACKS AND BACKGROUND SCORES

Music is central to storytelling in film, it sets the mood, defines characters, and anchors cultural moments. Yet behind every soundtrack lies a complex legal framework that Nigerian filmmakers often underestimate, sometimes at significant commercial cost. Missteps in music licensing are rarely minor. In Nollywood, legally incorporating music requires a Synchronization License (for the visual work) and a Master Recording License (for the sound recording), typically arranged by music supervisors or directly with labels. For instance, the inclusion of popular tracks in Netflix-backed Nigerian films, such as “Eledumare” in Kunle Afolayan’s Aníkúlápó: Rise of the Spectre, has demonstrably boosted streaming engagement.

The stakes are global. In 1997, The Verve released “Bitter Sweet Symphony,” having licensed an orchestral version of a Rolling Stones song. When disputes arose over the scope of use, the band lost 100% of royalties and songwriting credits for more than two decades. More recently, in 2024, Sony Music sued Marriott International for alleged large-scale infringement involving nearly 1,000 recordings across social media campaigns. Even major streaming productions are not immune: in 2021, Netflix faced claims that background music in Squid Game was used without proper licensing. These cases underscore a key principle: paying performers does not automatically grant copyright clearance.

In Nigeria’s rapidly growing film industry, this misunderstanding has serious consequences. A producer may pay a popular artist for a performance, obtain informal consent, premiere the film locally, and later pitch it to an international streaming platform. If the producer cannot provide documentation confirming worldwide synchronization and master use rights, distribution deals stall. Under the Copyright Act 2022 (Nigeria), musical works and sound recordings are separate, independently protected rights. Compliance requires proper authorization for each layer of use. Without it, producers face infringement claims, delayed releases, and missed global opportunities.

As Nollywood targets international markets, understanding music clearance is no longer optional, it is commercially essential. Filmmakers must navigate the licensing framework under the Copyright Act 2022, identify the rights holders for each track, and mitigate clearance risks. Doing so protects both creative output and market value, ensuring that a film’s soundtrack elevates the story without legal compromise.

1.0        THE LEGAL FRAMEWORK FOR MUSIC PROTECTION UNDER NIGERIAN LAW

In Nigeria, music protection is primarily governed by the Copyright Act 2022, which establishes a statutory framework for safeguarding creative works, including musical works (the composition itself) and sound recordings (the fixed performance of the composition). The framework recognises these as separate and independently protected rights, meaning that a filmmaker or music user must obtain authorization for each layer of use.

1.1         Musical Works (Compositions)
 These include the melody, harmony, rhythm, and lyrics, with rights typically held by the composer or lyricist, or assigned to a music publisher. Section 9 of the Act grants exclusive rights to reproduce the work, communicate it to the public, and make it available via wire or wireless means.

1.2        Sound Recordings
 A sound recording is the fixed performance of a musical work, excluding audiovisual soundtracks. Rights are held by the producer or performing artist, often through a record label. Section 12 grants rights to reproduce, distribute, and commercially exploit the recording.

2. Moral Rights and Attribution

Beyond economic rights, the Act recognises moral rights under Section 14, including the right of paternity (the right to claim authorship and be credited) and the right of integrity (protection against derogatory treatment, distortion, or modification of the work). In the film context, this means that composers and performers must be properly credited, and their work must not be treated or edited in a way that harms their reputation without their consent.

Moral rights are deeply personal to the creator. Unlike economic rights, they cannot be assigned, though they can be waived by the author. This dimension is frequently overlooked by filmmakers who focus solely on economic clearances, yet the failure to respect moral rights can give rise to entirely independent statutory claims.

3. Licensing Requirements

Because musical works and sound recordings are distinct, different licenses may be required for legal use:

1. Synchronization (Sync) License: Needed to use a musical composition with visual media.
2. Master Use License: Needed to use a specific recording of a song.
3. Mechanical License: Required if a new version of a composition is recorded for the film.
4. Public Performance License: Required for screening films publicly.
5. Communication to the Public / Digital Transmission License: Required for streaming, downloads, or digital distribution.

4. Exclusive Rights and Infringement

Under the Copyright Act 2022, composers and recording owners have strong exclusive rights. Section 9 covers musical compositions, granting rights to reproduce, communicate, and make the work publicly available, while Section 12 protects sound recordings, including reproduction and commercial use.

These rights apply to film soundtracks. In MCSN v. Adeokin Records Co. & Anor (2018) 15 NWLR (Pt. 1643) 550 (SC), the Supreme Court confirmed that unauthorized use of compositions or recordings can lead to lawsuits and damages, making clear that filmmakers must secure proper licences to avoid infringement.

5. Chain of Title and Collective Management in Nigeria

Clearing licences is only the first step; equally important is ensuring the licensor actually controls the rights. Chain of title documents the ownership and transfers of a musical work or recording.

For Nigerian filmmakers targeting international distribution, platforms, insurers, and sales agents closely review chain of title. Defects in documentation can delay or derail distribution deals.

6. Understanding Chain of Title

Under the Copyright Act 2022, copyright initially vests in the author but may be assigned, licensed, or transferred. In music, composers often assign publishing rights to publishers, while performing artists may transfer master rights to record labels. Negotiating with a party who does not control the relevant rights does not cure the defect. In Netflix Inc & Anor v. Mr. Ezra Enesi (2024), the Federal High Court affirmed that licences are only as strong as the licensor’s documented chain of title.

7. Collective Management Organisations (CMOs)

CMOs, such as COSON and MCSN, administer public performance and related rights for copyright owners. Their authority depends on mandates granted by rights holders. A licence from a CMO does not replace a synchronisation or master use licence. The NCC’s 2025 Collective Management Regulations confirm that commercial users must secure rights from the appropriate holders or their legally approved representatives.

8. International and Territorial Considerations

Licences limited to Nigeria do not automatically cover global streaming. Platforms rigorously review territorial clearance; insufficient rights can lead to geo-blocking, re-edits, or rejection. Licence agreements must clearly define territory, duration, and media formats to avoid commercial and legal risks.

9. Commercial Implications

A robust chain of title affects distribution value, investor confidence, insurance eligibility, and platform acquisition. In cross-border releases, proper documentation often determines whether a film can succeed internationally or remains locally confined.

10. Due Diligence and Risk Management

Global streaming platforms enforce strict rights clearance. Missing or limited licences can delay release, force edits, or terminate distribution deals. Under the Copyright Act 2022, infringement may attract injunctions, accounts of profits, and criminal penalties. Punitive damages are also possible for flagrant violations, exposing producers and investors to significant financial risk.

To mitigate these risks, filmmakers should:

1. Secure both synchronisation and master use licences.
2. Negotiate worldwide digital rights for streaming and VOD.
3. Obtain composer agreements assigning or licensing commissioned scores.
4. Confirm CMO clearance for public performance rights.
5. Maintain detailed music cue sheets documenting all tracks used.

CONCLUSION

Music licensing is no longer a back‑office formality; it is a defining business and legal discipline for filmmakers who want their work to be seen and monetised without disruption. Recent experiences in Nigeria’s creative industries show how serious this has become. For example, Nollywood productions such as Where Love Lives were hit with copyright claims on YouTube that redirected revenue and forced public disputes over rights ownership, underscoring vulnerabilities in digital distribution when clearances are imperfect.

Beyond revenue claims, the broader copyright ecosystem is undergoing high‑stakes debate. Disputes over royalty distribution between major record labels and collective management organisations highlight ongoing tension about who actually represents music rights owners in licensing and levy disbursements, a dispute that threatens confidence in rights administration and fair compensation for creators.

These industry tensions reflect a core reality: music rights matter. The Copyright Act 2022 provides a stronger legal framework, but filmmakers must still wrestle with layered rights in compositions, recordings, and territorial exploits. Failure to secure and document those rights can lead to lost revenue, damaged reputations, revoked distribution deals, and stalled international expansion.

For Nigerian filmmakers and producers, strategic attention to licensing and chain of title long before release is essential: every note cleared is a step toward broader reach, investor confidence, and sustained commercial value. In today’s connected market, protecting your music rights is protecting your story’s future.

References

1. MCSN v. Adeokin Records Co. & Anor (2018) 15 NWLR (Pt. 1643) 550 (SC)
2. Netflix Inc & Anor v. Mr. Ezra Enesi Suit. No: FHC/L/CS/1691/2021
3. Copyright Act 2022 (Nigeria)
4. Nigerian Copyright Commission, Collective Management Regulations 2025
5. Olufemi Amao, Copyright Law in Nigeria: Theory and Practice (2nd edn, Malthouse Press 2022)
6. Toyin Falola and Augustine Ike, ‘Nollywood, Intellectual Property and the Global Market’ (2023) 12 African Journal of Media Studies 45
7. Premium Times, ‘How Nollywood Producers Can Avoid Losing Revenue to Copyright Claims on YouTube’ (7 March 2025) https://www.premiumtimesng.com/entertainment/nollywood/858020-how-nollywood-producers-can-avoid-losing-revenue-to-copyright-claims-on-youtube-filmmaker-benneth-nwankwo.html accessed 3 March 2026
8. Business Day, ‘Nigerian Music Industry Risks Billions in Lost Royalties Amid Copyright Levy Dispute’ (12 January 2025) https://businessday.ng/life-arts/article/nigerian-music-industry-risks-billions-in-lost-royalties-amid-copyright-levy-dispute/ accessed 3 March 2026
9. BBC News, ‘Bitter Sweet Symphony: The Verve and the Rolling Stones’ (8 November 2020) https://www.bbc.com/news/entertainment-arts-54822465 accessed 3 March 2026
10. Billboard, ‘Sony Music Sues Marriott International Over Copyright Infringement’ (15 March 2024) https://www.billboard.com/pro/sony-music-sues-marriott-over-copyright/ accessed 3 March 2026
11. Netflix, Aníkúlápó: Rise of the Spectre (Netflix, 2022)
12. Squid Game, Netflix (2021)