MUSIC ON DEMAND: THE INTERNET REDEFINING THE FACE OF MUSIC DISTRIBUTION IN NIGERIA

Today I downloaded my own copy of Nigerian rap artiste Eldee’s latest album “Is it your money?” from Apple’s digital distribution platform iTunes store, at the time of going to press (or more appropriately going to blog) track no. 3 “big boy” featuring American rap artiste Yung Joc was in full auto blast, my head nodding and head phone cords keep dangling around my workstation.

Sometime back while I was on exchange at the Strathclyde University in Glasgow and in serious need of some Naija (for Nigerian) music. I sent my brother via email, a long list (longer than my arms actually) of my favourite albums, 10 days later, a package from DHL arrived at my flat on 82b Candleriggs street. I couldn’t help thinking the amount it must have cost my brother in granting my request. Ordinarily each album would not have cost me anything more than $1.10

Much love goes to Tim Berners-Lee for inventing the internet, now wherever I’m at, so long as I have access to the internet, I can digitally download my favourite music (most times for a price though).

The internet has created new business models and has created opportunities for recording labels and artistes in the distribution of their music. With the rapidly expanding internet infrastructure and broad band access in Nigeria, music downloads seems to have found its way as an alternative channel for the distribution of music allowing consumers to bypass the traditional model (CD sales). Coupled with this is the rising numbers of music stores that legally sell digital singles and albums such as iTunes store, Tune Tribe, eMusic, Amazon MP3 and many others.

While the first digital download was offered in 2001 by Music net and Press play, it was 2003 that saw the rise in digital music download. According to International Federation of the Phonographic Industry (IFPI) in 2005, the market for digital music expanded between 2003 and 2004 with copyright collectives receiving revenues for these downloads for the first time.

As beautiful and interesting as this innovative model of distributing music may seem, it still poses serious regulatory and policy challenges for the Nigerian government.

1. Broad band regulatory framework
In other to enjoy offerings form online music stores, there has to be a robust framework for broad band access. Despite the heavy investment currently been expended in the Nigerian Telecoms/IT industry, internet penetration still leaves much to be desired. According to statistics from the International Telecommunications Union (ITU) only 7.4% of Nigeria’s 149,229,090 (please don’t quote me on this census figure!) had access to the internet in 2009. Though the Universal Service Regulations enacted in 2007 aims to provide access or a reasonable access to internet service, there is nothing on ground (especially in the rural areas) to show for it. Though I am optimistic (like we always are) that the benefits of the regulations would be reaped in the nearest future.

2. Protection of the Copyright in Digital Music
According to American Professor of Law, Lessig (1999), “the fear is that cyberspace will become a place where copyright can be defeated”. On this ground, it becomes necessary for the Nigerian government to address this issue of digital piracy by enacting the appropriate law(s). WIPO’s Copyright Treaty (WCT) and its counterpart the Performances and Phonographs Treaty (WPPT) both of 1996 addresses these copyright challenges the internet has brought along with it, though these treaties are yet to enter in force in Nigeria.
It is instructive to note that the illegality of music download was made manifest in the Napster case of US and Pirate Bay case of Sweden.

3. Interoperability and Digital Rights Management (DRM)
Interoperability is the ability of different programs to exchange information and mutually use the information being exchanged. It then becomes necessary for the development of an acceptable and uniform standard of the content being distributed as this would enable its operability across different platforms. Open source comes to mind here, this should be the same for DRM which is also used to enable access to the digital content upon the payment of the requisite price. DRM solutions have also created privacy and fair use challenges for the consumers. These issues need to be properly addressed by the Nigerian government.

As Nigerian consumers begin to trend towards digital music, it becomes necessary for the government and relevant stakeholders to carry out comprehensive studies that will satisfy the needs of the government, consumers and the record labels/artistes. After all, it’s in the interest of creativity as Albert Einstein said that “Technological change is like an axe in the hands of a pathological criminal”


PS: Do you know that the Digital Economy Bill currently been considered in the UK requires ISPs to make available to music owners information concerning chronic online pirates? Now talk about enjoying some internet privacy!