Understanding Copyright: Lessons from the #gwogwogwogwo Viral Challenge

The Viral Sensation: Gwogwogwo Challenge

Unless you’ve been living under a rock, you’ve probably seen the Gwogwogwo challenge taking over your social media feeds. Brain Jotter, a popular influencer, kicked off this challenge using an original song titled “Ka Esi Le Onye Isi Oche, by the legendary Gentleman Mike Ejeagha. The challenge has gone viral, but it’s also stirred up some serious conversations about copyright

This explainer article will break down everything you need to know about copyright, using this viral sensation as a case study.

What is Copyright??

The Heart of the Matter: Copyright Infringement?

Copyright is? a legal? right that specifically protects original creative works , including but not limited to music, literature, art, and even folklore. It gives creators exclusive rights to? publish , distribute, reproduce, and perform their work. Unauthorized use of a copyrighted work is an infringement on the creator's rights that can raise either civil or criminal liability against the infringer The Nigerian Copyrights Act, 2022 is the primary law that protects copyrights in Nigeria

The Backstory (The BTS): Brain Jotter and the #gwogwogwogwo Challenge

Brain Jotter, a popular skit maker, recently used Ejeagha's 1983 hit song in his viral #gwogwogwogwo challenge. The challenge sparked a wave of cultural notalgia which ignited a viral participation across various social media channels with thousands of people recreating the dance. While this brought renewed attention to Ejeagha's music, it also raised questions about whether Brain Jotter had the right to use the song.

Key Copyright Considerations for Creatives and Brands

1. OWNERSHIP: Automatic Protection

?Copyright protection is automatic upon creation under Nigerian law i.e as soon as a song is recorded or any piece of creative work protected under the Act is created, it is protected by the law. In this case Gentleman Mike Ejeagha owns the copyright to his song, and has the exclusive rights to reproduce, distribute, and perform it without the need for any formal registration. Typically, using someone’s work without their say-so is a no-go and Creatives who would like to use another’s creative work must understand circumstances such as obtaining permissions or navigating the rule of fair use or fair dealing which allows them to do so under law.?

1. Investigate Song Status

?- Check Licensing: Licensing is basically seeking the permission of the creator of the copyrighted work to use their art. For example, Before using any song, determine if it has a blanket license or is commercially licensed. If you aren’t sure you can directly contact the copyright owner or make inquiries through Collective Management Organisations (CMO’s) that represent the interest of copyright owners.?

This helps ascertain if you need permission or if the song is available for public use.

3. Nature of Use:

Jotter’s use involves public performance and reproduction of the song in a widely distributed social media skit. Without explicit permission from Ejeagha, this use likely infringes upon the latter's exclusive rights.

4. Commercial Intent: Even if Jotter intended to entertain, the viral nature and potential for commercial gain (hello, sponsorship deals!) mean that proper licensing is crucial.

3. Use Commercially Licensed Music

?- Avoid Legal Trouble: Using commercially licensed music ensures you have the necessary permissions. Note that simply crediting the artist is not enough to avoid copyright infringement.

4. . Folklore Usage

?- Obtain Authorization: In Nigeria, anyone using expressions of folklore, like traditional music, stories, or dance must get authorization from the Nigerian Copyright Commission (NCC). Failing to do so can result in legal consequences.

The Legal Lowdown: Understanding Fair Use and Fair Dealing as exceptions/defense to copyright infringement

Let’s dive into the fascinating world of fair use and fair dealing to discover how these exceptions can keep your creativity flowing while sidestepping legal land mines!

?- Fair Use (US): The fair use doctrine is applicable in the United States of America and it allows limited use of copyrighted work without permission for specific purposes like education, research, criticism, and parody. It is more flexible but must pass a test of fairness.

?- Fair Dealing (Nigeria): Fair dealing is applicable in Nigeria under the Copyright Act , and restricts the unauthorized use of copyrighted works to uses such as educational and research purposes. For fair dealing to apply, we look at the purpose (critique vs. entertainment), the nature of the work (creative works get strong protection), the amount used, and the market impact. It is more limited compared to fair use.

In this case, Jotter’s use might fall under fair dealing if it’s for criticism, review, or reporting. But since Jotter’s skit seems more about fun than critique, this defense feels shaky.?

Incidental Inclusion: If the song’s inclusion was purely incidental, it might not be infringement. This is a tough one to claim if the song is a major part of the content. Given the song’s central role, this defense also seems weak.

Parody and Satire: Parody means mocking or commenting on the song itself. If Jotter’s skit were a parody or satire of Ejeagha’s song, it could be protected. But let’s face it—the skit uses the song more as a backdrop than a direct commentary and that doesn’t quite hit this mark

Solutions to Avoid Copyright Snags

1. Get Proper Licensing: Always obtain the necessary licenses before using copyrighted material. This might involve paying for the rights to use a song or getting permission from the copyright holder.?

Interestingly, the Copyright Act provides mechanisms for dealing with infringement in the slippery digital landscape of content creation where a court can issue? take-down notices to internet providers to take down such infringing content from the internet.

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2. Use Royalty-Free Music: Consider using royalty-free or Creative Commons-licensed music, which can be used without paying royalties or needing special permissions.

3. Work with CMO: Collective Management Organizations (CMOs) can help manage licenses and ensure you are compliant with copyright laws.

4. Educate Yourself: Stay informed about copyright laws and how they apply to your work. Consult with a lawyer if you're unsure about the legalities of using certain materials.

Conclusion

The #gwogwogwogwo challenge is a reminder of the importance of understanding copyright laws. By taking the right steps—such as obtaining licenses, using royalty-free music, and educating yourself about copyright—. At the end of the day, it looks like Brian Jotter’s use of Gentleman Mike Ejeagha’s song in the Gwogwogwo challenge likely constitutes copyright infringement. The commercial benefits and significant use of the song point to the need for proper licensing.

As creatives, it’s crucial to understand and respect copyright laws. Not only does it keep you out of legal trouble, but it also honors the hard work and creativity of fellow artists. So next time you’re inspired by someone else’s work, remember to give credit where it’s due, get that all-important permission and always consult with a legal expert for advice specific to your situation.

Stay creative and compliant! Stay creative, stay informed, and keep pushing the boundaries (legally, of course)!

Have thoughts on the #Gwogwogwo challenge or copyright in general? Hit us up on social media with your opinions and questions!