African musicians losing millions without IP protection, says US

African musicians and creatives are losing hundreds of millions of dollars a year due to the absence of effective intellectual property (IP) protection, according to the US government. Citing data from the Music Economy Development Initiative, Katherine Hiner, IP attaché for Sub-Saharan Africa at the US Patent and Trademark Office, said that in Kenya and Nigeria alone, $286m of recorded revenue is left uncollected each year. In 2025, Sub-Saharan African (SSA) music revenue grew 22.6%, according to the International Federation of the Phonographic Industry almost five times the global average of 4.8%, with South Africa accounting for three quarters of the region’s revenue. And yet Africa still only earns roughly 1 to 2% of global music revenue. Hiner said that the strenthening of regulatory and legal systems is essential if creatives are to realise the true value of their work. “SSA markets have grown by double digits figures for the past five years in a row – as impressive as those figures are we know there is a lot left on the table, and we believe IP will drive future growth,” said Hiner at a press conference. Hiner said that robust cross-border IP protection would need to be underpinned by legal systems backed by strong political will. “You have to have that framework in place as a starting point to advance the creative industries in the region…That’s part of the US model, that sustained investment. And so that means the laws on the books and the political will….we need those strong, consistent laws that are going to cross the borders. It’s a digital marketplace. Artists have to have some level of expectation of similarity in the laws.” US advocates global IP treaties In a departure from the Trump administration’s usual scepticism towards multilateral treaties, Hiner said that African governments should consider ratifying the World Intellectual Property Organization (WIPO) Copyright Treaty and the WIPO Performances and Phonograms Treaty. “When countries ratify those and fully implement them at the national level, they provide a legal structure to help artists be fully compensated for their work. And this involves some really specific technical protections, technical protection measures – or we call them TPMs – as well as rights management information or RMI. “So those protections for TPMs and RMI, they underpin the recent development of digital distribution models – so that’s the streaming or the digital downloads – which have opened up markets and allow artists to monetise their songs even when traditional distribution models have historically been unavailable or inaccessible to them.” ‘Insatiable appetite for African music’ US artists and record labels would likely be major beneficiaries of any move to strengthen IP protection in Africa and bring the continent under international treaties. The US government has thus launched an “IP for Growth” initiative, which Hiner described as a “a year-long program that showcases how robust IP protection and enforcement empowers the creative economy across Africa.” The US Consulate General in Lagos convened more than 120 IP policymakers, lawyers, music executives, artists, producers, distributors, and other creative industry stakeholders for a three-day workshop exploring stronger IP protection. A similar workshop was held in Johannesburg. “The creative economy is growing and changing rapidly, and there’s an insatiable appetite for African music worldwide. It’s a sector with the potential to drive economic growth. So I’m working with stakeholders across governments and the creative industries to help strengthen IP frameworks so that rights holders are able to participate in and capitalise on this rapidly growing sector,” said Hiner.