Book Review Symposia

Multi-sided music platforms are part of the digital creative economy consisting of the various aspects and processes through which creative works are made/produced, distributed and used. In this reflective post, I will discuss the questions posed in the book talk and panel discussion I organised titled “The Digital Creative Economy in Africa: Copyright, Law and Policy”.

Multi-Sided Music Platforms and the Law is a book that provides a well-informed, thorough and rigorous treatment of relevant legal issues from an African perspective, whilst never losing sight of the ‘broader picture’. As such, it is expected to benefit a diverse group of readers, as well as policy and law makers in Africa and abroad in tackling relevant legal conundrums effectively.

The book titled Multi-Sided Music Platforms and the Law: Copyright, Law and Policy in Africa is a timely contribution to literature in this era, with regards to the music boom in Nigeria and other parts of Africa and the existence of music platforms for entertainment as well as commercial purposes. There is a voluminous scholarship in this book on law and multi-sided platforms generally on one hand and copyright law specifically on another. The author focused on the legal and regulatory issues that arise from the use of copyright-protected content by multi-sided platforms in digital advertising.

The structural style of the book is designed to aid easy reference, especially by legal practitioners, judges, lawmakers and policy formulators; to make the book a valuable resource for researchers, academics and students; and an easily comprehensible material for the uninitiated in the field of copyright, privacy and competition law and the operation of multi-sided music platforms. Reading the book from cover to cover, a reader will undoubtedly confirm that the book has achieved this goal.

Recent years have seen a remarkable upturn in scholarship on copyright in Africa in general and its intersection with competition law and policy frameworks in particular. Multi-Sided Music Platforms and the Law takes the discussion further through a detailed examination of global platforms such as YouTube, SoundCloud and Facebook and the profound impact these firms have on the creative sectors and the economy more broadly of developing countries.

According to Professor Caroline Ncube in the foreword, this book is an important and timely contribution to the discussion of music platforms and is the first work that considers multi-sided platforms from the perspectives of copyright, competition and privacy under South African and Nigerian laws.

We are keenly following the unfolding developments in Nigeria and in the sub-Saharan countries that are on the cusp of adopting competition laws, and of course the developments in the AfCFTA as well as ECOWAS/WAEMU and other regionals. We hope to engage with these developments, and hope that our book can provide some insights and a perspective; a building block for moving forward towards a Voice for Africa.

The Nigerian Federal Competition and Consumer Protection Act (FCCPA), which is modelled after the South African Competition Act, established two institutions for the purposes of enforcing its provisions. These are the Federal Competition and Consumer Protection Commission (FCCPC) and the Competition and Consumer Protection Tribunal (CCPT). It saddled them with the responsibility of promoting competition in the Nigerian market by eliminating monopolies, prohibiting abuse of a dominant position and penalizing other restrictive trade and business practices.

Making Markets Work for Africa is a courageous attempt to bring order to the sparse and often chaotic studies of competition law and policy in Africa. The reader is immediately struck by the logical style of the authors followed by the skilful presentation of the often-esoteric issues of competition law across the different chapters of the book. The text also serves as a well-timed primer on African competition law which may be useful for the reform of existing competition regimes or the introduction of new ones.

In his contribution to this symposium on Eleanor Fox and Mor Bakhoum’s book, Making Markets Work for Africa: Markets, Development, and Competition Law in Sub-Saharan Africa (OUP, 2019), Jasper Lubeto notes the omission of Nigeria, Africa’s largest economy, as a case study in the book. This excellent book went to press before Nigeria’s competition law came into force in January this year. To add to the rich discussion in this symposium, this essay discusses the historical development of Nigeria’s new competition law as well as the players and forces that shaped it. Finally, it reflects on the challenges and opportunities open to the new agency established to oversee competition law and policy in Nigeria. This essay also precedes two other essays on Nigerian competition law in the next two days.