In the world of music, film, and other creative industries, collaboration is the norm. A song may involve multiple songwriters, producers, and performers; a film may bring together directors, scriptwriters, and actors. Yet when the project succeeds, disputes often arise over who owns what and how income should be shared. This is where the split sheet agreement becomes indispensable. 

A split sheet is a simple, usually one-page document that records the contributions of each person involved in a creative project. It answers the critical “WWH” questions: Who did what? What percentage of ownership belongs to each contributor? How should royalties and income be shared? By documenting these details at the outset, creatives avoid future conflicts and ensure that everyone receives fair recognition and compensation. 

The importance of split sheets is rooted in copyright law. Under the Copyright Act, Cap C8, Laws of the Federation of Nigeria 2004, authors of creative works hold exclusive rights to control reproduction, distribution, and communication of their works. Where a work is created jointly, Section 10 of the Act recognizes joint authorship, meaning each contributor has rights in the work. Without a split sheet, however, proving the extent of each person’s contribution can be difficult, leading to disputes and even litigation. 

Courts have consistently emphasized the need for clarity in ownership. In Musical Copyright Society of Nigeria Ltd/Gte v. Compact Disc Technologies Ltd (2008) 10 NWLR (Pt. 1096) 349, the Court of Appeal reinforced the principle that copyright owners must be properly identified to enforce their rights. Similarly, disputes in the entertainment industry often hinge on whether contributors can prove their share in a project. A split sheet provides that proof, serving as both a contractual and evidentiary safeguard. 

Practically, a split sheet should be signed immediately after a creative session or project. It should list all contributors, describe their roles (songwriter, producer, performer, etc.), and assign percentages of ownership. These percentages determine how royalties both mechanical (from reproductions like streaming and downloads) and publishing (from performances, broadcasts, and syncs) will be divided. For example, if two songwriters agree on a 60/40 split, that ratio governs how income flows whenever the song is commercially exploited. 

For creatives, the message is clear: ignorance is not an excuse. Even if your contribution seems small a lyric, a melody, or a unique performance, if it is substantial, you are entitled to recognition and royalties. Protecting your future begins with insisting on a split sheet and, where necessary, consulting an entertainment lawyer versed in contract law to ensure the agreement is enforceable. 

Ultimately, a split sheet is more than paperwork; it is a shield against disputes and a guarantee of fairness. In an industry where stories of exploitation abound, this simple document ensures that every creative voice is heard, valued, and rewarded. 

Written by, 
Temilorun F. Komolafe ESQ 
ACIARB, MIMA (CERT), LLM (UK) 
Principal at Amas and Rhod law

Split Sheet Agreements in Entertainment Law: Protecting Creative Contributions and Future Royalties

Every stream, every performance, and every download tells a legal story. Behind the melody and rhythm of music lies a complex framework of rights, ownership, and value. In entertainment law, royalties are the lifeblood of creators, ensuring that their intellectual property is not only appreciated but also rewarded. Two of the most important types are mechanical royalties and publishing royalties. 

Mechanical royalties arise whenever a song is reproduced or distributed. This includes streaming on platforms like Spotify, Boomplay, or Apple Music, digital downloads from iTunes or Amazon, and even physical sales of CDs or vinyl records. In simple terms, if your song is copied in any format for listeners to enjoy, you are entitled to mechanical royalties. These royalties recognize that reproduction is not free, it is a commercial use of your creative work. 

Publishing royalties, on the other hand, are earned when a song is performed or communicated to the public. This covers radio and television broadcasts, live performances in clubs or concerts, and synchronization rights when music is used in films, advertisements, or video games. For example, if your song is played during a Nollywood movie or used in a Coca-Cola advert, you earn publishing royalties. These royalties ensure that whenever your music is shared with the pu blic, you are compensated for its use. 

The Nigerian legal framework is anchored in the Copyright Act, Cap C8, Laws of the Federation of Nigeria 2004, which grants authors and composers exclusive rights to control reproduction, distribution, performance, and communication of their works. Section 6 of the Act specifically provides that copyright owners have the right to authorize or prohibit reproduction and public performance of their works. This statutory protection ensures that creativity is not only appreciated but also rewarded. 

Judicial interpretation has reinforced these principles. In Musical Copyright Society of Nigeria Ltd/Gte v. Compact Disc Technologies Ltd (2008) 10 NWLR (Pt. 1096) 349, the Court of Appeal affirmed the right of copyright collecting societies to enforce royalties on behalf of artists. Similarly, in Performing Musicians Employers Association of Nigeria v. Nigerian Copyright Commission (2010) 11 NWLR (Pt. 1205) 495, the courts recognized the importance of collective management organizations in safeguarding the interests of musicians and ensuring that royalties are properly collected and distributed. 

For creators, the practical implications are clear. Every contract, license, or distribution agreement must be carefully reviewed to ensure that royalty entitlements are preserved. Too often, artists sign away their rights without fully understanding the long-term consequences. Seeking legal guidance before entering into agreements is therefore essential. 

Ultimately, royalties embody the principle that creativity has economic value. Mechanical royalties protect your right to earn when your music is reproduced, while publishing royalties protect your right to earn when your music is performed or broadcast. Together, they ensure that behind every song lies not just melody and rhythm, but also legal recognition and financial reward. For Nigeria’s growing entertainment industry, strengthening royalty enforcement is key to sustaining the livelihoods of creators and protecting the integrity of intellectual property law. 

Written by , 
N.C MUOJEKWU Esq 
Legal counsel at Amas and Rhod law

Royalties in Nigerian Entertainment Law: Protecting the Value Behind Every Song

The Wharf Landing Fee, introduced by the Lagos State House of Assembly in 2009, remains one of the most debated levies in Nigeria’s maritime sector. The law requires importers, exporters, or their clearing agents to pay a fee on goods transported out of the ports at Apapa and Tin Can Island. Truck drivers often find themselves pressured to pay, but legally, the obligation rests on the importer or exporter. The stated purpose of the fee is to generate revenue for road maintenance, particularly to address damage caused by heavy-duty vehicles. 

Despite this justification, the fee raises serious constitutional questions. Under the 1999 Constitution of the Federal Republic of Nigeria, customs duties and port charges fall squarely within the exclusive legislative competence of the Federal Government (Items 36 and 62 of the Exclusive Legislative List). This means that states cannot impose levies that duplicate or interfere with federal taxation. In A.G. Lagos State v. A.G. Federation (2014) LPELR-22701(SC), the Supreme Court emphasized that where the Constitution grants exclusive powers to the Federal Government, states cannot legislate to override or duplicate those powers. Similarly, in A.G. Ogun State v. Aberuagba (1985) 1 NWLR (Pt. 3) 395, the Court held that international trade and commerce are matters reserved for federal regulation. 

By analogy, the Wharf Landing Fee appears to encroach on federal jurisdiction. Critics argue that it amounts to double taxation, since importers and exporters already pay customs duties, port charges, and other administrative fees. Supporters of the law, however, insist that it is not a customs duty but a road maintenance levy, designed to address the peculiar challenges Lagos faces as the gateway for most of Nigeria’s imports. 

The practical implications are significant. Importers and exporters bear the financial burden, while truckers are often wrongly compelled to pay at checkpoints. Local governments benefit from the revenue, but the legality of the fee remains unsettled. Unless the courts definitively rule on its constitutionality, businesses will continue to face uncertainty and additional costs. 

Ultimately, the Wharf Landing Fee highlights the tension between state efforts to raise revenue and the supremacy of federal law in regulating international trade. Until clarity is provided, stakeholders will continue to ask: why pay yet another levy when existing federal charges already cover the same purpose? 

Wriiten by, 
Temilorun F. Komolafe ESQ 
ACIARB, MIMA (CERT), LLM (UK) 
Principal at Amas and Rhod law 

The Wharf Landing Fee in Lagos: Legal Duty of Payment and Constitutional Questions

Table of Contents (Outline) 

1. Introduction 
○ Definition of Artiste & Repertoire (A&R)
○ Brief history and significance in the music industry 
○ Why A&R is central to bridging creativity and business 

2. Role of A&R to the Artist 
○ Talent discovery and signing ○ Guiding artistic direction and creative development ○ Song selection and collaboration with producers/songwriters 
○ Career mentorship and positioning in the market 

3. Role of A&R to the Label 
○ Building and managing the artist roster 
○ Ensuring commercial viability and return on investment 
○ Aligning artist output with label strategy and market trends 
○ Driving revenue through recordings, streaming, and merchandising 

4. Role of A&R to Events 
○ Coordinating live performances and showcases 
○ Matching artists to suitable events for exposure 
○ Strengthening artist–audience connection through curated appearances 
○ Using events as platforms for promotion and brand building 

5. Conclusion 
○ Recap of A&R’s central role in connecting creativity with business 
○ Importance of A&R in sustaining artist careers, label success, and event growth 
○ Final thoughts on its evolving relevance in today’s music landscape 

1. Introduction Artiste & Repertoire (A&R) is often described as the nerve center of the music industry, the department that connects raw creativity with commercial viability. The term “A&R” stands for Artists and Repertoire, and historically it referred to the individuals within record labels who were tasked with discovering new talent and curating the songs (the repertoire) that artists would record. Over time, this role has expanded into a multi-dimensional function that not only scouts talent but also shapes careers, guides artistic direction, and ensures that music resonates with audiences while remaining profitable for labels. 

Historical Context: The origins of A&R can be traced back to the early 20th century, when record labels began to formalize the process of talent acquisition. In those days, A&R executives were gatekeepers, deciding which artists would be signed and which songs would be recorded. This was critical because recording and distribution were expensive, and labels needed assurance that their investments would yield returns. As the industry evolved,from vinyl to CDs, and now to streaming, A&R has remained central, adapting its methods to new technologies and consumer behaviors. 

Core Definition: At its core, A&R is responsible for three primary functions: 
● Talent Scouting: Identifying promising artists through live performances, demos, or increasingly, digital platforms. 
● Creative Development: Guiding artists in refining their sound, image, and artistic identity. 
● Project Oversight: Coordinating producers, songwriters, and marketing teams to ensure that the final product aligns with both the artist’s vision and market demands. 

Contemporary Relevance: In today’s digital-first landscape, A&R has become even more sophisticated. Traditional scouting methods are now complemented by data analytics, streaming metrics, and social media engagement, allowing A&R professionals to spot emerging talent earlier and with greater accuracy. Platforms like TikTok, YouTube, and Spotify have become fertile grounds for discovery, but the human element of A&R like the ability to recognize potential and nurture it into artistry remains irreplaceable. 

Strategic Importance: The introduction of A&R sets the stage for understanding its strategic importance to artists, labels, and events. For artists, A&R provides mentorship and creative direction. For labels, it ensures commercial viability and competitive advantage. For events, it curates performances that strengthen the artist–audience connection. In essence, A&R is the bridge between creativity and commerce, ensuring that music is not only made but also heard, appreciated, and profitable. 

2. Role of A&R to the Artist: The relationship between an artist and the Artiste & Repertoire (A&R) department is foundational to the success of a music career. While artists bring creativity, vision, and raw talent, A&R professionals provide the industry expertise, structure, and strategic guidance necessary to transform that talent into a sustainable career. 

Talent Discovery and Signing: A&R executives are responsible for identifying and signing promising artists. Traditionally, this involved attending live performances, listening to demo tapes, and networking within music circles. In the contemporary era, discovery also takes place through digital platforms such as YouTube, TikTok, and Spotify, where viral content can propel unknown performers into the spotlight. However, the role of A&R goes beyond chasing trends; it requires discerning whether an artist possesses not only immediate appeal but also the skill, charisma, and longevity to succeed in a competitive industry. 

Creative Development and Artistic Direction: 
Once an artist is signed, A&R becomes a crucial partner in shaping their creative journey. This includes refining the artist’s sound, developing their image, and ensuring that their artistic identity is both authentic and marketable. A&R professionals often act as creative consultants, helping artists select producers, songwriters, and collaborators who can elevate their work. This guidance ensures that the artist’s output resonates with audiences while maintaining artistic integrity. Beyond the immediate creative process, A&R also plays a role in long-term artistic planning, helping artists map out the trajectory of their careers. This may involve advising on the timing of releases, the sequencing of albums, or the exploration of new genres to keep the artist’s sound fresh and relevant. In many cases, A&R professionals encourage artists to experiment with different musical styles or collaborate across genres, thereby broadening their appeal and ensuring longevity in a rapidly changing industry. In essence, creative development and artistic direction under A&R is not a one-time intervention but an ongoing partnership. It evolves as the artist grows, adapts to industry trends, and responds to audience feedback. By providing both creative support and strategic foresight, A&R ensures that artists are not only producing music but are building enduring legacies. 

Song Selection and Collaboration: 

A&R plays a central role in curating the repertoire that defines an artist’s career. Not all artists write their own material, and even those who do benefit from external input. A&R connects artists with songwriters and producers, ensuring that the songs chosen align with both the artist’s vision and commercial potential. This process can determine whether an album becomes a critical success, a commercial hit, or both. In addition to selecting songs, A&R oversees the collaborative process, ensuring that the right creative partnerships are formed. This involves pairing artists with producers who can bring out their best sound, or introducing them to songwriters whose style complements their artistic identity. By managing these collaborations, A&R ensures that the final product is cohesive, polished, and strategically positioned for success. Moreover, the department evaluates songs not only for their artistic merit but also for their potential to perform well across different platforms, from radio and streaming services to live performances. In this way, A&R safeguards both the creative integrity of the artist and the commercial interests of the label. 

Career Mentorship and Market Positioning: 
Beyond the creative process, A&R provides mentorship and strategic advice to help artists navigate the complexities of the music industry. This includes branding, image management, and market positioning. For example, an A&R executive may advise an artist to collaborate with emerging talent, adjust their release strategy to maximize impact, or align their sound with evolving genre trends. In this way, A&R functions as both mentor and strategist, ensuring that the artist’s career trajectory is sustainable and competitive. 

The Bridge Between Vision and Market: 
Ultimately, A&R serves as the bridge between the artist’s creative vision and the realities of the marketplace. While artists focus on expression, A&R ensures that this expression is effectively packaged, promoted, and delivered to audiences. This dual role of nurturing creativity while guiding commercial success makes A&R indispensable to the artist’s journey. In practice, this means that A&R professionals must constantly balance two priorities: preserving the authenticity of the artist’s work while ensuring that it is accessible and appealing to a broad audience. They act as interpreters of the artist’s vision, translating it into a form that can thrive within the commercial structures of the music industry. This involves not only selecting the right songs and collaborators but also advising on release strategies, promotional campaigns, and audience engagement methods. Moreover, A&R provides the artist with a realistic understanding of industry expectations. While creativity is limitless, the marketplace is shaped by trends, consumer behavior, and technological shifts. A&R helps artists navigate these realities without compromising their identity, ensuring that their work remains relevant and competitive. For example, an artist may wish to experiment with unconventional sounds, and A&R can guide them in integrating these elements in ways that still resonate with listeners and maintain commercial viability. By serving as this bridge, A&R enables artists to achieve both artistic fulfillment and professional success. It ensures that their creative output does not remain isolated but instead reaches audiences, builds fan loyalty, and contributes to a sustainable career. In this way, A&R is not only a facilitator of music production but also a strategic partner in shaping how artistry connects with the world. 

3. Role of A&R to the Label: 
The Artiste & Repertoire (A&R) department is the strategic backbone of a record label. While artists are the creative force, the label depends on A&R to identify, nurture, and position talent in ways that generate revenue and strengthen its market presence. In essence, A&R ensures that the label’s investments in music translate into both cultural impact and commercial success. 

Building and Managing the Artist Roster: 

A&R is responsible for curating the label’s roster of artists. This involves scouting new talent, negotiating contracts, and ensuring that the label signs artists who align with its brand identity and long-term vision. A strong roster is essential for maintaining the label’s relevance and competitiveness in a crowded industry. Beyond initial recruitment, A&R also plays a continuing role in managing the roster by monitoring each artist’s progress and ensuring that their development aligns with the label’s strategic objectives. This includes evaluating the balance of genres represented, identifying gaps in the catalog, and making adjustments to keep the roster diverse yet cohesive. By doing so, A&R not only strengthens the label’s creative identity but also ensures that its portfolio remains commercially viable and adaptable to changing market trends. 

Ensuring Commercial Viability and Return on Investment: 
Every artist signed represents a financial risk for the label. Recording, marketing, and distribution require significant investment, and A&R executives must balance artistic creativity with commercial potential. Their role is to ensure that projects yield profitable returns by understanding market trends, audience preferences, and the evolving dynamics of the music industry. In addition, A&R must evaluate not only the immediate potential of an artist’s work but also its long‑term sustainability. This involves analyzing how an artist’s sound fits within current market conditions, predicting how it may evolve, and ensuring that each release contributes to building a consistent and profitable brand. By combining creative insight with business acumen, A&R helps the label minimize risks and maximize returns, turning artistic projects into commercially successful ventures. 

Aligning Artist Output with Label Strategy: 
A&R acts as the strategic link between the artist’s creative output and the label’s broader business goals. For example, if a label is aiming to expand into a particular genre or demographic, A&R will guide artists toward projects that support this direction. This alignment ensures that the label’s catalog remains cohesive, marketable, and competitive. In addition, A&R ensures that each artist’s work contributes to the overall identity and positioning of the label. This involves evaluating how new releases fit within the label’s existing catalog, identifying opportunities to diversify into emerging genres, and balancing commercial priorities with artistic innovation. By doing so, A&R helps the label maintain a clear brand identity while remaining adaptable to shifts in consumer demand. Furthermore, this alignment is not limited to music production alone; it extends to marketing strategies, collaborations, and even event participation. A&R works closely with promotional teams to ensure that campaigns reflect both the artist’s vision and the label’s objectives. In this way, the department safeguards consistency across creative and business fronts, reinforcing the label’s reputation and strengthening its competitive edge in the industry. 

Driving Revenue Streams: 
Beyond recordings, A&R contributes to multiple revenue streams, including streaming, touring, merchandising, and licensing. By shaping the artist’s repertoire and positioning, A&R maximizes opportunities for monetization. Successful A&R decisions can lead to hit singles, sold-out tours, and lucrative brand partnerships, all of which strengthen the label’s financial performance. In addition, A&R plays a vital role in identifying which projects have the potential to generate cross-platform success. This includes evaluating songs for their suitability in film, television, advertising, and digital campaigns, thereby expanding revenue through synchronization and licensing deals. A&R also ensures that artists are positioned to capitalize on emerging opportunities such as exclusive streaming partnerships or collaborations with global brands. By strategically guiding these ventures, A&R not only enhances the artist’s visibility but also secures diversified income streams that safeguard the label’s long-term profitability. 

Strategic Importance: 
Ultimately, A&R is indispensable to the label because it bridges creativity with commerce. Without effective A&R, labels risk signing artists who fail to connect with audiences or investing in projects that do not generate returns. With strong A&R, however, labels can build sustainable careers for their artists while securing long-term profitability for themselves. 

4. Role of A&R to Events: 
While the traditional responsibilities of Artiste & Repertoire (A&R) focus on artists and labels, its influence also extends into the realm of live events and performances. Events are critical platforms for exposure, audience engagement, and revenue generation, and A&R plays a central role in ensuring that these opportunities are strategically aligned with both the artist’s career trajectory and the label’s objectives. 

Coordinating Live Performances and Showcases: 
A&R departments often organize or facilitate live showcases where emerging artists can perform for industry stakeholders, including producers, promoters, and potential collaborators. These events serve as testing grounds, allowing labels to gauge audience reactions and assess an artist’s stage presence. For established artists, A&R ensures that live performances are consistent with their brand identity and artistic vision. In addition, A&R uses these showcases as strategic opportunities to build momentum around an artist’s career. By carefully selecting venues, audiences, and timing, A&R ensures that performances generate maximum exposure and align with upcoming releases or promotional campaigns. These events also provide valuable feedback, helping A&R refine an artist’s stagecraft and identify areas for improvement. For the label, they serve as a platform to strengthen industry relationships and demonstrate the depth of their roster. 

Matching Artists to Suitable Events: 
Not every event is appropriate for every artist. A&R professionals evaluate opportunities and select events that maximize exposure while aligning with the artist’s genre, image, and target audience. For example, a rising pop artist may benefit from performing at mainstream festivals, while a niche jazz musician may be better suited to curated cultural events. This careful matching strengthens the artist’s connection with audiences and enhances their credibility. In addition, A&R considers the strategic timing and scale of events to ensure they support the artist’s career stage. Emerging artists may be introduced through smaller showcases that allow them to build confidence and refine their live performance skills, while established acts are positioned at larger festivals or international tours to reinforce their brand presence. By tailoring event participation to the artist’s growth and market positioning, A&R ensures that each appearance contributes meaningfully to both artistic development and commercial success. 

Strengthening Artist–Audience Connection: 
Events provide a unique opportunity for artists to build direct relationships with their audiences. A&R ensures that performances are not only technically sound but also emotionally resonant. By guiding setlists, stage presentation, and promotional activities, A&R helps artists deliver experiences that deepen fan loyalty and expand their reach. In addition, A&R evaluates how performances can be tailored to different audiences, ensuring that each show feels unique and impactful. This may involve adjusting song choices for specific markets, incorporating interactive elements to engage fans, or coordinating collaborations that enhance the live experience. By shaping these details, A&R helps artists create memorable moments that strengthen their reputation and encourage long-term audience commitment. 

Using Events as Promotional Platforms: 
Beyond artistic expression, events function as promotional tools for both the artist and the label. A&R leverages concerts, festivals, and industry showcases to generate publicity, attract media coverage, and create momentum for upcoming releases. In many cases, successful event appearances can lead to increased streaming, sales, and brand partnerships, reinforcing the commercial objectives of the label. Additionally, A&R ensures that these events are strategically timed and aligned with broader promotional campaigns, such as album launches or single releases. By coordinating performances with marketing efforts, A&R maximizes visibility and ensures that audiences remain engaged across multiple platforms. These appearances also provide opportunities for networking with industry professionals, opening doors to collaborations and sponsorships that further enhance both the artist’s profile and the label’s market influence. 

Strategic Importance: 
In the context of events, A&R acts as a strategic curator, ensuring that live performances serve both creative and commercial purposes. By coordinating appearances, aligning them with market positioning, and maximizing promotional impact, A&R transforms events into powerful instruments for career growth and industry visibility. 

5. Conclusion: Artiste & Repertoire (A&R) remains one of the most strategically important functions in the music industry. From its historical roots in talent scouting and repertoire selection to its modern role in data‑driven discovery and career management, A&R has consistently adapted to the changing dynamics of music production, distribution, and consumption. Its enduring relevance lies in its ability to balance two seemingly opposing forces: the artist’s creative vision and the label’s commercial imperatives. For artists, A&R is more than a department, it is a partner in their journey. It provides mentorship, creative guidance, and access to networks of producers, songwriters, and collaborators. By shaping artistic direction and ensuring that music resonates with audiences, A&R helps transform raw talent into sustainable careers. Without this support, many artists would struggle to navigate the complexities of branding, positioning, and long‑term growth in an increasingly competitive environment. For labels, A&R is the engine that drives profitability and market relevance. Every signing represents both an opportunity and a risk, and A&R professionals are tasked with ensuring that investments yield returns. By curating rosters, aligning artist output with business strategy, and maximizing revenue streams through recordings, streaming, touring, and merchandising, A&R secures the financial health of the label. In this way, A&R is not simply about creativity, it is about ensuring that creativity translates into measurable success. For events, A&R plays a crucial role in connecting artists with audiences. Live performances, showcases, and festivals are not only platforms for artistic expression but also powerful promotional tools. A&R ensures that artists are matched with the right events, that performances align with their brand identity, and that these appearances generate momentum for future projects. In doing so, A&R strengthens the artist–audience relationship while reinforcing the label’s visibility and influence. Looking ahead, the role of A&R will continue to evolve. The rise of digital platforms, streaming analytics, and social media has transformed how talent is discovered and how success is measured. Yet, despite these technological shifts, the human element of A&R, the ability to recognize potential, nurture creativity, and guide careers with vision and empathy remains irreplaceable. The future of A&R will likely involve a hybrid approach, combining data‑driven insights with the intuition and experience of seasoned professionals. 

In conclusion, A&R is not merely a department within the music industry; it is the strategic heartbeat that sustains artists, empowers labels, and elevates events. Its importance lies in its ability to bridge artistry and commerce, ensuring that music is not only created but also heard, appreciated, and profitable. As the industry continues to evolve, A&R will remain central to shaping careers, driving business success, and influencing cultural trends worldwide. 

References 
1. Wikipedia – Artists and Repertoire (A&R) Provides a comprehensive overview of A&R as the division of a record label responsible for scouting, financing, and overseeing artistic development, as well as acting as a liaison between artists and labels. Artists and Repertoire – Wikipedia Wikipedia 

2. Wavy Magazine – The Role of an A&R: Key Responsibilities at a Record Label Outlines five key responsibilities of A&R, including discovering and signing new artists, developing careers, and aligning creative work with label goals. The Role of an A&R – Wavy Magazine wavymagazine.com 

3. Forbes – Understanding the Importance of A&R in the Music Industry Explains how A&R functions as the creative and strategic hub of a record label, balancing talent scouting with commercial viability. Forbes Business Council – Importance of A&R Forbes 

4. Music and Gigs – A&R: Key Role in the Music Industry Explained Highlights the evolving role of A&R in discovering and nurturing talent, bridging creativity and business, and adapting to digital platforms. Music and Gigs – A&R Explained musicandgigs.com 

5. Pulse Nigeria – What is the Role of an Artists and Repertoire (A&R)? Focuses on A&R’s responsibilities in talent discovery, artist development, music creation, and marketing, with emphasis on the African music industry context. Pulse Nigeria – Role of A&R Pulse Nigeria .

6. Musosoup – A&R Explained: The Role of Artists and Repertoire in the Music Industry Discusses how A&R adapts to modern industry dynamics, including data-driven talent discovery, online engagement, and strategic promotion. Musosoup – A&R Explained Musosoup .

7. Xposure Music – What is A&R in the Music Industry? Offers a practical guide to what A&R professionals do today, including artist development, catalog building, and adapting to digital discovery. Xposure Music – What is A&R info.xposuremusic.com 

8. OpenAI. (2025). ChatGPT (AI language model). Retrieved December 10, 2025, from https://chat.openai.com

The Strategic Importance of Artiste & Repertoire (A&R) to Artists, Labels, and Events

The Legal Status of Stage Names in Nigeria: First Use vs. First Filing Under the Trade Marks Act.

In the Nigerian entertainment industry, commercial success is increasingly driven not merely by creative output but by the strength of legal protection accorded to one’s brand assets. Among these assets, stage names, often assumed to be mere artistic expressions , are, in fact, one of the most valuable forms of intellectual property. 

Yet, a critical legal misconception persists: that popularity equals ownership. Under Nigerian law, this presumption is incorrect. 



 
Ownership Arises from Registration, Not Reputation The 

Trade Marks Act (1965, Cap T13, Laws of the Federation of Nigeria 2004)

 adopts a first-to-file regime. 

Section 2 of the Act expressly defines a registrable mark as any name, label, or device capable of distinguishing the goods or services of one entity from another. Importantly, the Act does not confer automatic rights upon mere prior use or notoriety, as obtainable under common law passing off in some jurisdictions.

Accordingly: 


An artist may achieve widespread recognition under a stage name, yet another party who files for registration first acquires superior legal rights to that name, even against the original user. 



This position has been affirmed in several disputes across various sectors, where courts have held that registration supersedes public association, save where a claimant can prove substantial goodwill and deception under the tort of passing off, a costly, burdensome, and uncertain route. 



Commercial Implications for Artists and Creators

 
The entertainment economy has evolved beyond live performances and streaming revenues. 

A stage name now operates as: 
● A 

 used across merchandise, endorsements, publishing rights, and digital platforms; 

● A 

 in branding, franchising, and corporate partnerships; 

● 

, capable of litigation or licensing. 

It is therefore unsurprising that leading Nigerian artists such as 

Wizkid (Ayodeji Balogun), Davido (David Adeleke), and Burna Boy (Damini Ogulu)

 took early steps to formally register and secure their stage names in multiple jurisdictions. By doing so, they transitioned their identity from persona to property. 



Why Delay is Legally and Financially Risky

 
Failure to register a stage name exposes an artist or content creator to the following risks: 

1. 

Hijacking or speculative filings by third parties

Inability to enforce rights against counterfeit merchandise or impersonation 

Loss of control over licensing and royalty negotiations

, as legal ownership becomes ambiguous. 

In an era where digital identity is monetized at scale, brand control is no longer optional, it is a strategic imperative. 



 
A stage name is not an informal alias, It is intellectual property, capable of accruing significant commercial value. 

However, its enforceability is only as strong as the legal framework protecting it. Popularity may command attention, but registration commands authority.


The Legal Status of Stage Names in Nigeria

Demurrage in the Nigerian Maritime Industry: A contractual obligation or a Statutory recognition?

Demurrage remains one of the most contentious financial liabilities within the Nigerian maritime industry. Despite its widespread application by shipping companies, terminal operators, and logistics providers, there remains considerable misunderstanding as to its legal foundation. Many stakeholders in the Nigerian Maritime industry have fallen victim to the demurrage scam! Ranging from Shippers to Clearing and Forwarding Agents, Truckers up to the man on the streets of Apapa and Tincan looking for his daily bread while sourcing for clients This article examines demurrage as a contractual construct, its treatment under Nigerian legislation, and its judicial enforcement both against private entities and state actors.


Demurrage refers to the agreed monetary compensation payable by a contracting party who exceeds the stipulated laytime or free period for loading, unloading, or returning a vessel or container. It functions as liquidated damages for delay, enforceable strictly on the basis of contractual consent. It is not a statutory fine nor a regulatory levy. In legal theory and practice, demurrage does not arise automatically, it must be expressly incorporated into a contract of carriage, charter party, haulage agreement, or container lease arrangement.



DISTINCTION BETWEEN DEMURRAGE AND MARITIME CLAIMS


A maritime claim encompasses a broad spectrum of disputes arising out of commercial maritime activities, including cargo damage, charter party breaches, freight recovery, towage, salvage, and similar operations. Demurrage constitutes only one specific species of maritime claim, arising solely from contractual default as to time performance. Accordingly, while demurrage is treated as a maritime claim, the converse does not apply; not all maritime claims amount to demurrage.



STATUTORY RECOGNITION UNDER THE ADMIRALTY JURISDICTION ACT CAP A5 LFN 2004


The Admiralty Jurisdiction Act Cap A5 LFN 2004 does not define demurrage. However, Section 2(3)(f) expressly recognizes “claims for dead freight, demurrage or dispatch money” as falling within the jurisdiction of the Federal High Court, being the competent court of admiralty. This statutory reference confirms two legal positions: 1. Demurrage is contractually grounded rather than legislatively imposed, and 2. Its enforcement is judicially cognisable as a maritime claim. The Nigerian Shippers’ Council (NSC), by virtue of its regulatory mandate, exercises supervisory control over the reasonableness of demurrage practices imposed by terminal operators and shipping lines.



JUDICIAL PRONOUNCEMENTS ON THE CONTRACTUAL STATUS OF DEMURRAGE



● Messrs N.V. Scheep v. M.V. “S. Araz” (2000) 15 NWLR (Pt. 691) 622 The court held that demurrage constitutes liquidated damages, accruing automatically upon expiration of laytime stipulated under the contract of carriage. No further proof of loss is required once delay is established. 

● Nigerian Ports Authority v. Panalpina World Transport (Nig.) Ltd (1974) 1 NMLR 82 The Supreme Court affirmed that courts will not interfere with or rewrite commercial agreements. Where demurrage terms are embedded within the contractual or procedural documentation governing port usage, a party who avails itself of such services is deemed bound. 

● Nigerian Shippers’ Council v. APM Terminals Limited & Ors (2015) 18 NWLR (Pt. 1490) 377 The Federal High Court upheld the enforceability of demurrage but subject to regulatory oversight against arbitrariness. The Nigerian Shippers’ Council was affirmed as competent to prescribe standards for equitable demurrage practices. 



DEMURRAGE AND SOVEREIGN IMMUNITY: LIABILITY OF STATE ACTORS

 
A pertinent question is whether government agencies involved in port operations or logistics may evade liability for demurrage or related contractual breaches by invoking sovereign immunity. In National American Corp. v. Federal Republic of Nigeria, 597 F.2d 314 (2d Cir. 1979), the Federal Republic of Nigeria entered into a commercial transaction with a private entity and was sued in the United States for breach. Nigeria contended that it was immune from suit on the grounds of sovereignty.

The United States Court of Appeals rejected this defence, applying the restrictive theory of sovereign immunity. The court held that where a sovereign state engages in commercial transactions, it is subject to the same liabilities as private merchants and cannot claim immunity in respect of contractual obligations. This principle is equally applicable within the Nigerian legal framework. Government agencies acting in a commercial capacity such as port authorities or customs operations, cannot invoke sovereign immunity to escape liability for demurrage where they have assumed contractual obligations.




Demurrage under Nigerian law is: 
● A contractual obligation, not a statutory imposition
● Recognised by statute only to the extent of jurisdictional categorization as a maritime claim
● Enforceable upon proof of agreement and delay, without proof of actual loss 
● Regulated to prevent excess, particularly through the Nigerian Shippers’ Council 
● Binding upon both private and state actors, where they participate in maritime commerce. 

Stakeholders are therefore advised to scrutinize contractual documentation, including bills of lading, haulage agreements, delivery orders, and terminal procedures prior to taking responsibility for cargo or equipment. Liability for demurrage is avoidable where contractual assent is withheld or conditions are negotiated.

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