Veteran Nigerian singer Mike Ejeagha has found renewed fame 41 years after ‘Gwo Gwo Gwo Ngwo’ was featured as a chorus on “Ka Esi Le Onye Isi Oche,” a song from his 1983 album ‘Akuko Na Egwu’ Original Vol. 1 went viral thanks to a TikTok dance challenge by sketch artist Brain Jotter.
Although many described Ejeagha's recent rise to fame as uncertain and a fortunate unplanned discovery, this resurgence has sparked debates about copyright infringement among his fans.
Critics accused Brain Jotter of using the song without permission despite denying that he had made any money from it in his recent video. Brain Jotter visited Ejeagha and gifted him ₦2 million, but some called the gesture insufficient.
The 92-year-old Nigerian music icon achieved a remarkable feat by appearing as the oldest artist on Apple Music Nigeria’s Top 100 Songs chart. The song also debuted on Spotify Nigeria’s Top 100 Albums chart.
It is reminiscent of Obesere's smash hit 'Egungun Be Careful' which went viral 18 years after its release after a clip from the song's music videos went viral.
Like Ejeagha, Obesere's career also enjoyed a resurgence in March 2020, leading him to record a remix with Zlatan Ibile.
Brain Jotter’s Instagram video, posted on July 5, featured a humorous dance challenge set to the chorus “Gwo Gwo Gwo Ngwo.” It racked up 29.1 million views on Instagram and 19.6 million views on TikTok.
Article page with promotion of financial support Copyright laws
In an interview with PREMIUM TIMES, entertainment lawyer Rockson Igelige discussed the intricacies of Nigeria’s copyright laws and the potential infringement of Brain Jotter.
Entertainment Law Attorney, Rockson Igelige
Mr. Igelige stressed that every Nigerian artist must understand the copyright laws that govern the creative industry.
“Copyright protects intellectual property and grants creators exclusive rights for a specific period,” Igelege explained. “In the case of music, this period lasts 70 years after the artist’s death, after which the work enters the public domain.”
The jurist pointed out that copyright guarantees fair rewards for authors and balances public and individual interests.
He further explained that under Section 20 of the Copyright Act 2022, fair use of a work is limited to using it without permission for private use, parody, satire or non-commercial research; anything beyond this would be considered infringement.
“Sampling without permission is a copyright infringement. In Nigeria, we have fair dealing, not fair use. Creators should seek expert advice to navigate these legal complexities,” Igelege advised.
This case highlights the importance of understanding copyright laws and seeking appropriate permissions, even in the digital age of viral challenges and social media.”
Exceptions
Mr Igelege noted that there are instances where copyrighted works can be used without permission.
He explained: “Sections 9 to 13 of the Act allow for fair use in private settings, parody, satire, non-commercial research and private study. In these cases, the consent of the copyright owner is not necessary because this promotes knowledge.”
He added: “Therefore, theatre departments at universities can use Wole Soyinka’s play for research and study without asking permission. However, if someone wants to stage it for commercial purposes, they must obtain the consent of the author.”
Infringement
Citing examples of recent events, Mr Igelege addressed the controversy over whether the creator of the sketch was guilty of infringement.
Mr Igelege said: “If Brain Jotter used an authorised version of social media platforms, there is no infringement. However, if it synced an unlicensed track in its video, that is copyright infringement.”
“The gift of £2m to Brain Jotter does not absolve him of the infringement unless Ejeagha officially consents to it,” Igelege said.
However, several Nigerians have showered the veteran folk singer with gifts on social media as his song continues to rise on various streaming platforms.