“Support Your Own”: The Clash Between Intellectual Property Rights and Social Expectations in Nigeria

 Mutual support and creative collaboration within creative communities aren’t just beneficial – they are essential for survival. Artists, musicians, fashion designers, and entertainers form tight-knit networks, sharing resources and promoting each other’s work in an environment where formal infrastructure for creatives might be inaccessible, or accessible to only a certain few. This collaborative spirit, while admirable, has created an unexpected challenge; it has made it difficult for artists to protect their intellectual property. When someone’s work is used without permission, the pressure to maintain these supportive relationships often outweighs the desire to defend one’s creative rights. Calling out infringement or demanding compensation is frequently viewed as betraying the unwritten code of mutual aid that keeps these creative communities alive.

For instance, a musician may sample another artist’s song without permission and justify it by appealing to a sense of camaraderie or shared struggle in a tough industry. It has been done before. It is the exact reason why a fashion designer would imitate elements of a colleague’s work and expect leniency under the banner of “supporting local talent.” These acts are often framed as part of the effort to elevate the industry as a whole— even though that is never the intention. 

This is what happened when a fashion designer made a copy of a dress that was originally designed by Desiree Iyama, a more popular designer. The infringer shared a photo of the dress on X (formerly known as Twitter), and tagged Desiree Iyama as her inspiration, adding a link to the other woman’s website for people to buy the dress from its original designer. Iyama responded that it wasn’t “an inspiration,” but a total copy. In the aftermath, Iyama was accused of being a bully, with some offering to buy from the infringer instead.

Recently, designer Deola Sagoe also found herself at the center of controversy when influencer Hafsah Mohamed accused her of recreating a custom dress design for another influencer, Oyin Tayo. Sagoe quickly countered these allegations, stating that the design in question was merely an altered version of her  existing work, and pointed out that the brand didn’t even offer custom services in the first place.

Intellectual Property (IP) is a category of property that includes intangible creations of the human intellect, and because of its intangible nature, the lines between what is right and wrong tend to be drawn in the sand. Worse still, there are many types of intellectual property, and some countries recognize more than others. While Nigeria may have a string of IP laws, most of them are outdated— for instance, the Trademark Act of 1965— and implementation issues, because let’s face it, there is a gap between existing laws and the knowledge of said laws. The other bottleneck, of course, is the “need to support the underdog”. However, in many cases, this purported spirit of community support is not genuine, but rather a propensity to defend dishonesty and illicit profiteering off others’ intellectual property. Such behavior is often rationalized as the shrewd actions of a “sharp guy” – someone clever enough to circumvent the rules for personal gain.

IP rights are legal provisions designed to protect the creations of individuals, including artists, musicians, writers, and innovators. These rights give creators control over how their work is used, preventing unauthorized reproduction, distribution, or exploitation. In Nigeria, IP rights are governed by various laws, including the Copyright Act of 2022, which protects artistic, literary, musical, and dramatic works. Despite these laws, many creatives in Nigeria find that their rights are frequently overlooked, misused, or outrightly infringed upon. The reason for this isn’t always ignorance of the law. Quite often, it stems from the cultural and social dynamics that shape our lives. There is this expectation within many communities for creatives to support one another, even if it comes at the expense of upholding IP rights. 

Calling out someone for infringement is often perceived as more of a crime than the crime itself. How dare a creative be ‘elitist’ by protecting their work? The perception of IP enforcement as a threat to communal progress rather than a legal right has led many creators to either ignore violations or deal with them quietly.

For instance, an artist who sues another for copying their work will be labeled selfish or unsupportive. There is also a perception that enforcing IP rights favors those with more resources, which makes them gatekeepers trying to prevent up-and-coming talents from disrupting. This perception can stifle innovation, as it discourages creators from developing original ideas or claiming ownership over their contributions to the industry. Even if a creator had their work stolen, by the time they consider how much it would cost to take it up with the law, they eventually give up and let sleeping dogs lie. 

The problem with this is that creatives feel pressured to tolerate infringement or are discouraged from protecting their work, limiting their ability to explore new ideas. After all, why invest time, energy, and resources into creating something new if it can be stolen without consequences? Furthermore, a lack of respect for IP rights creates an environment where creative work is undervalued. If the industry continues to operate on the assumption that creators should give away their work for ‘solidarity,’ it makes their contributions appear useless, which not only affects the finances of individual artists but also the overall growth of the industry.

If Nigerians are going to address this problem adequately, a balance between upholding legal rights and acknowledging the socio-cultural beliefs that shape our creative industry must be struck. We need to create a better understanding of intellectual property as a tool for economic empowerment, not as a barrier to creativity or collaboration. Creatives must see IP rights not as a divisive force but as insurance, that all members of the industry can benefit fairly from their work. Is the spirit of collaboration and mutual support essential? Of course, but not at the expense of intellectual property protection. If Nigerians can create an environment where both social solidarity and IP rights are respected, our creative industries can continue to innovate and thrive, both locally and internationally.