Nigeria and Kenya are losing an estimated $286 million in recorded-music revenue every year because of weaknesses in copyright collection and enforcement, the United States Patent and Trademark Office (USPTO) has disclosed.
The revelation came as the United States intensified its campaign for stronger intellectual-property protection across Africa, warning that weak copyright systems are preventing artists and other creative-sector players from fully benefiting from the continent’s rapidly expanding global entertainment market.
Speaking during a U.S. Department of State Africa Regional Media Hub briefing, Katherine Hiner, USPTO Intellectual Property Attaché for Sub-Saharan Africa, said the enormous revenue gap demonstrated how much economic value was being left on the table in African creative industries.
According to Hiner, data presented during recent workshops in Lagos and Johannesburg showed that Nigeria and Kenya alone leave $286 million in recorded revenue uncollected annually.
“The talent and demand is there, element one, but the value is slipping through the gap,” she said.
Hiner said the situation was particularly concerning given the rapid expansion of Africa’s music industry, with the International Federation of the Phonographic Industry (IFPI) reporting that Sub-Saharan African music markets had recorded double-digit growth for five consecutive years.
She said the U.S. initiative, known as IP for Growth, was designed to demonstrate how effective intellectual-property protection could transform Africa’s creative industries into stronger engines of jobs, investment, exports and economic growth.
The year-long initiative began with a discussion at the World Intellectual Property Organization (WIPO) General Assemblies in Geneva before moving to practical workshops involving government officials, musicians, producers, entertainment lawyers, industry executives and other stakeholders in Lagos and Johannesburg.
Hiner identified three major areas requiring urgent attention across African creative markets: greater transparency and accountability in revenue collection, increased public education on intellectual-property rights, and stronger enforcement against piracy.
She stressed that merely having copyright protection on paper was insufficient if creators lacked practical mechanisms to enforce their rights.
“Having a copyright in your work means little if there’s no practical means of enforcing your rights,” she said.
She also called for stronger and more effective Collective Management Organisations (CMOs), which help creators manage their rights and facilitate licensing where individual, work-by-work licensing is impractical.
Hiner urged African governments to invest not only in legislation but also in the institutions responsible for administering and enforcing intellectual-property laws.
“Strong IP systems” require both up-to-date laws and the political will to fully implement them, she said, adding that governments must commit to sustained investment in personnel, enforcement and dialogue with rights holders.
The U.S. official said America’s experience demonstrated the economic benefits of sustained investment in intellectual property.
She cited the latest USPTO analysis using 2024 data, which found that industries that intensively use at least one form of intellectual property contributed $11.4 trillion to U.S. gross domestic product, representing about 44 per cent of private-sector GDP.
The industries also supported 65.8 million jobs, equivalent to about 44 per cent of private-sector employment, while accounting for approximately $1.58 trillion in commodity exports.
Hiner said copyright-intensive industries—including sound recording, film and video production, software publishing, broadcasting and performing arts—had produced particularly significant economic returns.
Workers in those industries earned, on average, 130 per cent more than workers in non-IP-intensive industries, according to the data she cited.
She said the earnings premium had increased by 30 per cent between 2014 and 2024, demonstrating that the economic value of copyright was increasing rather than declining in the digital era.
“Music isn’t just a mood or a vibe. It is a business,” she said.
US urges adoption of international digital copyright rules
Hiner identified ratification and implementation of the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty (WPPT) as important steps African countries could take to strengthen protection for creators in the digital economy.
She explained that the treaties provide legal frameworks supporting technological protection measures and rights-management information, mechanisms that have become increasingly important as music distribution moves toward streaming and digital downloads.
According to her, effective implementation of these frameworks could enable African artists to reach international markets and monetise their works more effectively.
She also stressed the importance of cross-border cooperation in combating online piracy.
Hiner cited work involving the U.S. Homeland Security Investigations unit and international partners, including an operation during the World Cup that resulted in the takedown of about 1,000 websites allegedly involved in copyright infringement.
She said such operations were important not only for protecting artists and other rights holders but also because illicit proceeds from piracy could contribute to organised criminal activity.
Beyond copyright and the music industry, Hiner disclosed that the USPTO had signed its first Accelerated Patent Grant Agreement (APG) with an African intellectual-property office, Ghana’s, on the margins of the WIPO General Assemblies in Geneva in July.
Under the arrangement, a rights holder who has already secured a U.S. patent can request that the Ghanaian intellectual-property office grant a corresponding patent based on the existing U.S. right.
Hiner said the mechanism could streamline patent examination in countries with limited numbers of examiners while also providing training and cooperation between intellectual-property offices.
She said the USPTO was open to similar cooperation with other African markets.
On artificial intelligence, Hiner acknowledged that the rapid development of AI had created complex copyright and policy questions across jurisdictions.
She said established legal principles, including fair use and fair dealing, would remain important in balancing the interests of creators and innovators.
“Fact-based inquiries will help resolve those questions via established legal processes,” she said.
Hiner said the U.S. would continue working with African governments, creative-industry stakeholders and international institutions to strengthen intellectual-property systems and ensure that Africa’s creative boom translates into tangible economic benefits for creators.
The IP for Growth initiative is expected to culminate in December with a final event at the WIPO Standing Committee on Copyright and Related Rights in Geneva.
For Nigeria, where Afrobeats has become a major global cultural export, the disclosure of $286 million in annual uncollected recorded-music revenue alongside the U.S. push for stronger copyright enforcement underscores the potentially enormous economic stakes in closing gaps in royalty collection, rights administration and anti-piracy enforcement.
Michael Olugbode
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