What is copyright? This is the right and authority given to the creator of an ORIGINAL work to exclusively make and remake copies of same, for a specified period of time.
Under Nigerian law and in most abroad jurisdictions, even though copying and use of the original work is exclusive, others may use the work, provided authority is given by the owner.
What is infringement? Generally, unauthorised use of another creator’s ORIGINAL work(protected). Other instances of infringement vary based on the attending circumstances.
For music works, copyright infringement may vary from sampling lyrical portions of a song, to copying its rhythm or melody. In whatever way this is done—partly or collectively—infringement has been occasioned, thereby exposing the unauthorised user to liability.
What is not infringement? When the original owner gives permission to copy or use his work, the user commits no infraction in the eye of the law. In essence, permitted copy is an exception to infringement.
Also, items in public domain are unprotected and uninterested, and usage of such does not amount to infringement.
Example of these items include particularly folklores, and generally works in which the duration of protection has expired.
Putting these positions of law in context of the brouhaha surrounding Beautiful Nubia’s accusation of IP theft against gospel musicians Yinka Ayefele and BBO, it is clear the accused are in violation of copyrights law.
Many listeners of Nubia’s Seven lives and BBO’s Amin have testified on social media that the rhythm and melody truly sound identical. If this is the case, BBO may be liable in court, if the matter is litigated.
For Ayefele’s response to Nubia, where he accused the former of equally “sampling” some named folklores; it is trite law that such items are public domain works, which do not have any legal interest and protection, and as such can not be infringed upon.