Nigeria and Kenya are losing an estimated $286 million in recorded-music revenue annually due to weaknesses in copyright collection and enforcement, the United States Patent and Trademark Office (USPTO) has disclosed.
The disclosure was made as the United States intensified efforts to promote stronger intellectual-property protection across Africa, warning that weak copyright systems were depriving artists and other creative-industry players of significant economic opportunities.
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 revenue gap demonstrated the enormous economic value being lost within Africa’s rapidly expanding creative economy.
Hiner said data presented at recent intellectual-property workshops in Lagos and Johannesburg showed that Nigeria and Kenya alone were leaving about $286 million in recorded-music revenue uncollected each year.
“The talent and demand is there, element one, but the value is slipping through the gap,” she said.
The USPTO official said the revenue losses were particularly concerning given the rapid growth of Africa’s music industry, noting that the International Federation of the Phonographic Industry (IFPI) had reported double-digit growth in Sub-Saharan African music markets for five consecutive years.
She said the U.S.-backed IP for Growth initiative was aimed at demonstrating how effective intellectual-property protection could transform Africa’s creative industries into stronger drivers of employment, investment, exports and economic growth.
The year-long initiative began with discussions 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 critical areas requiring urgent attention in African creative markets: greater transparency and accountability in revenue collection, increased public awareness of intellectual-property rights and stronger enforcement against piracy.
She stressed that having copyright protection in legislation 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.
Hiner also called for stronger Collective Management Organisations (CMOs), which facilitate rights administration and licensing where individual, work-by-work licensing is impractical.
She urged African governments to invest not only in intellectual-property legislation but also in the institutions responsible for administering and enforcing the laws.
According to her, effective IP systems require up-to-date laws, sustained government investment, adequate personnel, effective enforcement and continuous engagement with rights holders.
Hiner cited the United States as an example of the economic benefits of sustained investment in intellectual property.
She said the latest USPTO analysis, based on 2024 data, showed that industries that intensively use at least one form of intellectual property contributed $11.4 trillion to the U.S. gross domestic product, representing about 44 per cent of private-sector GDP.
The industries, she said, supported 65.8 million jobs and accounted for approximately $1.58 trillion in commodity exports.
Copyright-intensive industries, including sound recording, film and video production, software publishing, broadcasting and performing arts, were among those generating significant economic returns.
Hiner said workers in IP-intensive industries earned an average of 130 per cent more than workers in non-IP-intensive industries, adding that the earnings premium had increased by 30 per cent between 2014 and 2024.
“Music isn’t just a mood or a vibe. It is a business,” she said.
US Pushes Digital Copyright Treaties
Hiner identified the ratification and implementation of the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty (WPPT) as important measures African countries could adopt to strengthen protection for creators in the digital economy.
She said the treaties provide legal frameworks for technological protection measures and rights-management information, which are increasingly important as music distribution shifts towards streaming and digital platforms.
Effective implementation of the treaties, she added, could help African artists access international markets and monetise their works more efficiently.
She also stressed the need for greater cross-border cooperation to combat online piracy.
Hiner cited collaboration involving the U.S. Homeland Security Investigations unit and international partners, including an operation conducted 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 creators and other rights holders but also because proceeds from piracy could potentially finance organised criminal activity.
Ghana Signs Patent Cooperation Agreement
Beyond copyright and music, Hiner disclosed that the USPTO had signed its first Accelerated Patent Grant Agreement (APG) with an African intellectual-property office—the Ghanaian office—on the sidelines of the WIPO General Assemblies in Geneva in July.
Under the arrangement, a rights holder who has obtained a U.S. patent can request a corresponding patent grant in Ghana based on the existing U.S. right.
Hiner said the mechanism could accelerate patent examination in countries facing shortages of patent examiners while promoting technical training and institutional cooperation.
She added that the USPTO was open to similar partnerships with other African countries.
AI Raises New Copyright Questions
On artificial intelligence, Hiner acknowledged that the rapid development of AI technologies had created complex copyright and regulatory questions across jurisdictions.
She said established legal principles, including fair use and fair dealing, would remain relevant 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 United States would continue working with African governments, creative-industry stakeholders and international institutions to strengthen intellectual-property systems and ensure that the continent’s creative boom translates into tangible economic benefits.
The IP for Growth initiative is expected to conclude in December with a final event at the WIPO Standing Committee on Copyright and Related Rights in Geneva.
For Nigeria, where Afrobeats has emerged as one of the country’s most successful global cultural exports, the estimated $286 million annual loss in uncollected recorded-music revenue highlights the substantial economic stakes involved in improving royalty collection, rights administration and anti-piracy enforcement.
