ABSTRACT
Inequality of bargaining power between artists and recording Companies is a controversial issue that is worth exploring as an aspect of intellectual property reform and development in Nigeria. The case of African Songs Ltd v Sunday Adeniyi, a.k.a. Sunny Ade is critically reviewed as a way forward in the area of music contracts. Copyright law cases from the corner of the judiciary should play a crucial role in resolving copyright issues. The fundamental elements or requirements of a valid contract as the starting point of a music contract are thoroughly examined. This chapter reveals the gap in this case, regarding the failure of the contract to conform to the requirements of a valid contract. Emphasis is laid on the legal point that a valid contract between a strong party and a weak contracting partner must include terms that are mutually beneficial. In this situation, the contract was wholly onerous. This view is corroborated by persuasive precedents in some commonwealth countries.
