The recent resurgence of Mike Ejeagha’s 1983 hit, ‘Gwo Gwo Gwo Ngwo’, through Chukwuebuka Emmanuel Amuzi a.k.a Brain Jotter’s viral dance challenge on social media platforms, has sparked debates around the copyright, and the value of its intellectual property.
After going viral with the ‘Gwo Gwo Gwo Ngwo’ dance, Brain Jotter sought out 90-year-old Mike Ejeagha, the song’s original creator. He intended to credit Ejeagha for his work and offer him N2 million as compensation.
While many fans praised Brain Jotter’s generosity, others questioned the amount, suggesting that it was insufficient given the substantial profits Brain Jotter was likely earning from social media monetization.
Kofoworola Eze, Legal Executive, EbonyLife Group on her LinkedIn handle wrote “While the law provides clear protection for copyrighted works, the digital age has introduced new complexities. The ability to easily share and repurpose content on platforms like TikTok and Instagram has blurred the lines between fair use, creating awareness, and commercial exploitation.In this instance, Brain Jotter undoubtedly revived a forgotten gem, potentially unlocking significant value for Mike Ejeagha.”
A key question that has emerged is what royalties are owed to the original artist for the song’s synchronization and performance rights, given its use in countless user-generated videos, including Brain Jotter’s.
“As these platforms monetize content through advertising and creator funds, a portion of that revenue should rightfully be attributed to the copyright holder. It is encouraging to see that Brain Jotter, being a creator himself, has recognised the importance of this issue and has taken the initiative to meet with Mike Ejeagha. I am sure that they will reach a mutually beneficial resolution as both parties stand to gain from a collaborative approach,” Eze said.
Brain Jotter took to social media to address public speculation about the earnings generated from his viral video. During his visit to the Ejeagha family, he clarified that all revenue from YouTube, Facebook, TikTok, and other monetized platforms goes directly to Ejeagha’s music label and production company, as they hold the copyright to the original song.
“You cannot monetize another person’s song because these platforms have tools to strike you for copyright violation, so if I post it on YouTube, the platform strikes it for copyright and gives the revenue to Ejeagha same with Facebook. The videos also helped to increase the number of streams on music streaming platforms massively and there is no way I can put the song on these platforms so everything goes to Ejeagha,” Brain Jotter said.
“This case serves as a reminder that copyright is a valuable asset and highlights the growing need for clear guidelines on copyright and digital rights. It is essential for creators to understand their rights and explore avenues to monetize their work in this digital age,” Eze added in her LinkedIn post.
Franklin Mark-Okoro, an entertainment lawyer also wrote “Commercialisation can happen quickly and easily in the digital age, often without the copyright holder’s direct involvement. Hence, intellectual property protection would ensure the copyright holder is fairly rewarded.
Mark-Okoro also said it is essential to have systems in place to track and attribute royalties to the copyright holders and called for an active and accountable Collective Management Organisation (CMO) in Nigeria that would come to the aid of veteran singers like Mike Ejeagha.
Henry Ezikeoha Intellectual Property lawyer explained further saying, “Tik Tok pays royalties, so Chief Mike’s estate I believe should have a PRO or CMO handling his catalogue considering his songs are on DSP’s (Digital streaming platforms). Instagram doesn’t pay royalties as their modalities are way different from TikTok. Also, the reason you can only use their licensed songs on a business account.”
Ezikeoha further said content creators are influencing the music industry which is a win-win situation for the creators and copyright holders as the former gets more views, while the copyright holders get more streams.
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