By Milcah Tanimu

Entertainment lawyer Rapheal Irenen has clarified that the popular singer Asake, whose song featured a viral video of police officer Helen Utabor, does not owe her any royalties. Utabor gained fame in 2022 through a viral video where she was heard shouting, “Help me, help me. E dey carry me go where I no know.”

The recent controversy arose when Utabor was reported injured in an accident, and Asake provided financial support of N5 million. Some suggested that Asake should have gone further, while others claimed he should pay royalties to the officer for using her voice in his song “Peace be unto you.”

Speaking on Arise TV’s Good Morning Show, Irenen explained that under the Nigerian Copyright Act, there are six classes of work entitled to copyright, including literary work, artistical work, music work, sound recording, broadcast, and audio-visual work. He clarified that the viral video falls under the audio-visual works category.

In response to whether Asake owes Utabor royalties, Irenen stated, “Looking at the provisions of the law, the simple answer is No.” He emphasized that copyright in an audio-visual work goes to the author, and in this case, the video was a spontaneous activity without any prior agreement regarding ownership or royalties.

Irenen argued that Utabor’s claim for royalties is not tenable, emphasizing that Asake only used her voice, not the video itself. He noted that the video belongs to the person who recorded it, and Utabor, despite being the subject, doesn’t have intellectual property rights (copyright) in the video. However, he acknowledged her right to a breach of privacy due to the recording without her consent and subsequent sharing on social media platforms.