Music Law Series (1)

"Phyno Vs Pia Mia"

As at 29^th May 2017, the Nigerian entertainment space was awash with news of Pia Mia’s (US based singer) recording of a cover version of Phyno’s ‘I' m Fan' song from his 2016 Playmaker album. Pia Mia featured Jeremih in her own version while Phyno featured Mr Eazi and Decarlo accordingly. When both songs are played side by side, one will see a clear resemblance. It is understood that Pia Mia who is from Guam, a US territory has no popularity in the US. 

In law, if Phyno proves he first recording the song amongst others, there is then international intellectual (IP) infringement which ordinarily goes with remedies of damages and injunctions; but I am afraid Phyno will be without a remedy because the Berne Convention on the Protection of Literary and Artistic Works 1979 which seeks to protect transnational IP (copyright) rights will not aid him because Nigeria has not ratified the said convention since signing on on 4^th November 1993. US has since ratified same via Berne Convention Implementation Act 1988.

In any event, Phyno can maintain a legal action against Pulse NG in negligent misrepresentation for being too quick to put out the story suggesting first got the song from one Remo who later gave it out it to Pia Mia when an alleged deal between Phyno and Remo to launch him into the international spot failed. Phyno has since denied knowing any Remo and that he writes all his songs himself.