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Introduction
Nollywood, Nigeria's film industry, stands as one of the world's most prolific and culturally influential film sectors, producing thousands of films annually while contributing significantly to national economic growth.1 It is the second-largest film industry in the world in terms of film volume. Over the last two decades, the industry has evolved into a global digital content powerhouse, with a large volume of its films distributed through digital streaming platforms (DSPs) such as YouTube, and more recently Netflix and Amazon Prime Video. This digital expansion has not only increased global visibility and revenue potential but has also heightened scrutiny over the ownership, licensing, and enforcement of the intellectual property embedded within Nollywood films.
Central among these assets is the film soundtrack. Beyond visuals, characters, and the storyline, a soundtrack serves as a critical creative and commercial component that amplifies emotional storytelling, strengthens cultural resonance, and enhances marketability. With increased distribution on digital platforms, soundtrack rights have become particularly vulnerable yet increasingly valuable forms of intellectual property. Thus, legal risks in Nollywood productions may arise from unclear or undocumented arrangements between film producers and music composers or producers. Producers must therefore ensure that contracts clearly define ownership, licensing scope, royalties, and exploitation rights.2 This is so as reliance on informal understandings rather than properly executed agreements creates uncertainty in a film's chain of title, a significant obstacle to international licensing, distribution, and streaming exploitation.
Classification of Soundtrack Under the Copyright Act 2022
The Copyright Act 2022 recognises six broad categories of protected works: literary works, musical works, artistic works, audiovisual works, sound recordings, and broadcasts.3 A film soundtrack does not constitute a distinct category of copyright work but instead embodies multiple protected subject matters under the Copyright Act. The music contained in a soundtrack is protected as a musical work, representing the underlying composition, including melody and lyrics created by the composer or songwriter. The recorded embodiment of that music, including the performance, production, and studio fixation of sounds, constitutes a sound recording.
These protections arise independently and coexist within the same soundtrack, giving rise to distinct but overlapping rights that may vest in different right holders. When the soundtrack is synchronised with moving images, the soundtrack forms part of the audiovisual work.4 This layered protection means that multiple rights may subsist simultaneously in a single soundtrack.
Who Owns the Music in Your Movie?
A song used in a movie may have been created independently of the movie or created for the movie. In either scenario, for film producers, a critical legal distinction exists between the author of a work and the owner of copyright. In determining authority to use the song in the film, the producers must determine the owner or owners of the copyright to avoid infringement.
The soundtrack, whether as a musical work or sound recording, does not lose its distinct protection when merged with the visual images to form an audiovisual work. Although the film producer owns the audiovisual work as a completed film, ownership of the underlying musical work and sound recording remains separate unless expressly assigned or licensed. Absent such agreements, the producer risks infringement claims arising from unauthorised exploitation of the music.
Under the Copyright Act, the author is generally the first owner of copyright unless ownership is transferred by written agreement.5 The author may also give a license to use the song. The license may be for a limited time, a specific purpose (promotional use) or embedded permanently in the movie. The Copyright Act does not define the author of musical works and authorship may differ depending on the mode of creation or other nuances. For example, where a composer creates original music specifically for a film, the composer remains the author and initial copyright owner of the musical work unless a written assignment or licence transfers rights to the film producer.6 In respect of the sound recording, the person who undertakes the arrangements and bears responsibility for the recording process, typically the music producer, is regarded as the author and initial owner, subject to contractual provisions stating otherwise or involvement of others in the creation process.
Contractual Gaps and Emerging Nollywood Disputes
Recent disputes within Nollywood illustrate the consequences of inadequate contractual protection. In 2024, a singer initiated legal proceedings against the producers of a popular television series concerning the alleged unauthorised use of two of her songs in the production. The singer sought substantial damages, and the dispute underscored how failed negotiations and unclear contractual arrangements may evolve into copyright conflicts despite prior creative engagement. Similarly, enforcement actions brought by a music publishing company on behalf of several composers against film productions for the unlicensed use of musical works, many of which were ultimately resolved through settlement, reflect an emerging pattern of rights holders asserting soundtrack ownership more aggressively within the industry.
Essential Clauses for Every Production Contract
To mitigate legal risks and prevent unauthorised claims from disrupting film distribution, monetisation, or creative control, producers must treat contractual documentation as a central component of film production. Every engagement with a composer, singer, or musician should be governed by a clear written agreement addressing the true intention of the parties.
Where the intention is for an assignment, exclusive licence or non-exclusive license of rights in the soundtrack, the agreement should clearly state. The agreement should contain an express clause assigning or licensing the economic copyright interests in the musical work or sound recording to the film producer for use in the film. The agreement should also state what rights are being assigned, if all rights are not assigned and the term of the assignment or license.
Where the commissioning is based on a contract for service7, with ownership intended to vest in the film producer the agreement should expressly state that the music was specially commissioned for the film and that ownership is transferred through a contractual assignment. Unlike certain jurisdictions recognising statutory "work-for-hire" doctrines for private parties, the Copyright Act relies primarily on written agreements to transfer ownership even for commissioned works.8
Other important provisions include consideration, confidentiality, and the applicable territory. The owner should warrant originality and non-infringement of third-party rights and indemnify the producer against claims arising from copyright violations. While economic rights may be assigned, contracts should specify authorial credit to respect attribution and integrity rights recognised under the Copyright Act. The agreement should also have an explicit grant permitting the pairing of the musical work and sound recording with the audiovisual work across all present and future distribution channels, including streaming and digital exploitation. These recommendations are made to help reduce copyright disputes.
Digital Enforcement: How Unauthorised Soundtrack Use Is Policed
Film producers and rights holders must also note that in the streaming era, copyright enforcement is frequently automated rather than judicial. When soundtrack rights are not properly cleared, consequences may arise immediately through platform enforcement systems such as take downs and demonetisation.
Platform Claims and Monetisation Loss
On platforms such as YouTube, copyright claims initiated through Content ID systems may result in instant demonetisation. For Nollywood films generating millions of views, this can translate into substantial and often unrecoverable revenue loss. Even where disputes are successfully resolved, the peak monetisation window may already have passed, permanently affecting return on investment.9
Revenue Sharing and Contributory Attribution
In some cases, platforms do not remove the video but instead activate automated revenue sharing. The film producer's channel may be treated as contributory to another rights holder's claim, resulting in partial or complete diversion of advertising revenue to the claimant or music label.10
Beyond platform mechanisms, the Copyright Act provides statutory remedies for infringement, including injunctions, damages, and other civil relief where music is used without authorisation or unlawfully exploited by third parties.
The Way Forward: Dispute Resolution in a Relationship-Driven Industry
When disputes do arise, Alternative Dispute Resolution (ADR) mechanisms provide more commercially sustainable outcomes, and confidential resolution of disputes without the delays and adversarial nature of litigation. Given Nollywood's collaborative and close-knit nature, aggressive litigation may strain professional relationships.
Negotiation
Direct engagement and discussions between the parties should be the first step, as many disputes stem from misunderstandings regarding scope of use. Revised credits or supplemental compensation can efficiently resolve conflicts.
Mediation
Mediation is quicker, affordable, and allows for practical settlement terms that a court may not be able to impose. A neutral mediator can facilitate mutually beneficial solutions, such as permitting continued use of the music while adjusting backend royalty participation.
Arbitration
Arbitration offers a confidential and faster alternative to proceedings before the Federal High Court, producing binding outcomes while preserving industry reputations.
Conclusion
With a significant proportion of Nollywood content affected by piracy, safeguarding soundtrack rights, either by the film producer or the soundtrack's owner, therefore, requires coordinated technological protection measures, carefully drafted contracts, and robust legal enforcement strategies. Film producers must prioritise clear written agreements that expressly transfer or license soundtrack rights in order to enable global distribution and withstand automated digital enforcement systems, including platform revenue-sharing mechanisms.
Footnotes
1. Oris Aigbokhaevbolo, 'Big Ticket Nollywood: Leading the Charge in African Cinema' (Forbes Africa, 19 August 2024) https://www.forbesafrica.com/cover-story/2024/08/19/big-ticket-nollywood-leading-the-charge-in-african-cinema accessed 18 February 2026
2.Ujong Okpa and Oyebanbughi Inyang, 'Understanding Copyright Ownership Under the Nigerian Copyright Act 2022: Who Owns What?' (Preen & Partners, 13 March 2025) https://preem-partners.com/understanding-copyright-ownership-under-the-nigerian-copyright-act-2022who-owns-what/ accessed 5 February 2026
3. Section 2(1) of the Copyright Act, 2022
4. Section 108 of the Copyright Act, 2022
5. Section 28 of the Copyright Act, 2022
6. Ujong Okpa and Oyebanbughi Inyang, 'Understanding Copyright Ownership Under the Nigerian Copyright Act 2022: Who Owns What?' (Preen & Partners, 13 March 2025) https://preem-partners.com/understanding-copyright-ownership-under-the-nigerian-copyright-act-2022who-owns-what/ accessed 5 February 2026
7. This is referred to as work for hire in other jurisdictions.
8. Under section 28(2) of the Copyright Act work created under contract for service or in the course of employment by a government, ministry, department or agency would belong to the government, ministry, department or agency unless there is an agreement otherwise vesting it in the author. No similar provision is present for contract for service in the private sector.
9. YouTube Help, 'How Content ID works' support.google.com/youtube/answer/2797370?hl=en accessed 5 February 2026.
10.YouTube Help 'Share revenue using Creator Music' https://support.google.com/youtube/answer/12657860?hl=en accessed 5 February 2026.
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.
