By Patrick Ekup-nse Alobi

The Entertainment sector is one In which is usually populated with lots of creative who entertain us by using talent, craft and inbuilt artistry. Entertainment is a form of activity which holds the attention and interest of an audience and also gives pleasure and delight. It is usually an idea or even a task, but it has been known to be one of the activities or events that have developed over thousands of years specifically for the purpose of keeping an audience’s attention. Entertainment industry is often viewed as one which heralds and promotes frivolity, but in reality it plays an important role in any economy (within the purview of this paper; the Nigerian Economy). From movies and music to comedy, Dancing, sports, and theme parks, Today, entertainment have become a major driver of economic growth and job creation.

The entertainment industry is an all-encompassing one as it permits and covers a wide range of sectors, such as; television, comedy, film, music, sports, gaming, and even live events (like the Big Brother Naija Reality TV show) The sector does not only provides entertainment and enjoyment to any audience, but it also brings in the money as it generates income and contributes immensely to a significant economic value in any country. According to the famous Hollywood producer Walt Disney; “I never called my work an “Art” it is a part of a show business, the business of building entertainment ” this goes to say that in as much as Entertainment seeks to entertain it is also an avenue whereby the entertainer gets rewarded as the copyright owner to the artistic content.

Terminological Delineation

Intellectual Property

Intellectual Property is simply defined as the property from original thought protected by law: it includes original creative work exhibited in tangible form that can be legally protected. It covers all intellectual creations, such as literary works, artistic works, inventions, designs, symbols, names, images, computer code, etc. According to the World Intellectual Property Organisation (WIPO), ” Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce”.

Intellectual Property is usually protected in law by, for example: patents, copyright and trademarks, which enables owners and those granted rights and license to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and also the wider public interest, the Intellectual Property system aims to foster an environment in which creativity and innovation can flourish. IP Laa protects the originality of Intellectual work, it is usually divided into Into Industrial Property Law and also Copyright Law. By this real property owners are usually given certain rights, Intellectual property owners also have a legal framework and machinery put in place to protect and ensure their rights over the content.

It is broadly divided to wit;

(i) Copyright (Artistic And Literary Expression)

(ii) Patent ( Invention and Innovation)

(iii) Trademark (Symbolic Information)

(d) Industrial Design

What Is Entertainment Law.

It is a subsection of intellectual property, dealing with individuals and companies in the entertainment industry. Entertainment law, is also known as media law, it is usually the legal services provided to the entertainment industry. These services in entertainment law are interwoven and overlap with intellectual property law. Intellectual property has many moving parts that include trademarks, copyright, and the “right of publicity”. Although in reality the practice of entertainment law often arises and births questions of employment law, contract law, sometimes torts, labour law, and even proceed to other areas of law such as bankruptcy law, immigration, agency, right of privacy, defamation, advertising, criminal law, tax law, international law (especially private international law), and insurance law. e.t.c.. The much work done in the Entertainment Law sector is usually done by transactional lawyers, through transactional practice I.e. negotiations and mediation, drafting contracts and it doesn’t completely exclude the litigators as some situations usually lead to litigation or even arbitration thereby exploring ADR method of adjudication. According to Black Law’s Dictionary; Entertainment Law is that field of Law dealing with the legal business issues in the entertainment industry (such as music, films, theatre e.t.c) and also involving the representation of artists and producers, the protection of intellectual property and negotiations of contracts.

COPYRIGHTS LAW

Copyright Law can be seen as that branch of the law which protects a creator’s original work from being used or duplicated without their permission.

The Nigerian copyright law (Cap 28, Laws of the Federation of Nigeria) permits the holder of a copyrighted works to reproduce the work in any material form, publish the work, perform the work in public, produce, reproduce, perform, or publish any translation of the work, make any adaptation of the work etc.

It is important to note that Copyright protection in Nigeria is usually not granted for abstract ideas that have not t been made manifest by bringing it to limelight. Such ideas must be made manifest either in writing or on tape, even if yet to be produced or published.

The Nigerian Copyright Commission (NCC) is the government agency responsible for all copyright matters in Nigeria. Any work for copyright is registered on the NCC website. The NCC website doesn’t allow for multiple registrations at a time but allows for one application to be registered at a time.

Although, Multiple works can be registered as a collection, in one application having one title. For instance, a musical album containing multiple songs is treated as one while a movie with different parts is treated as separate.

The Clear provisions of Section 1 of the Copyright Act cap28 Laws Of the Federation Nigeria, 2004, provides for the works eligible for copyright , which includes:

Literary works (e.g., Novels, poems, articles).
2.Musical works (e.g., musical composition)

Artistic works (e.g., Painting, Drawings, Sculpture).
Cinematograph works (e.g., films).
sound recording (e.g., musical compositions).
Broadcast (e.g., radio or podcast broadcast).
The copyright Act doesn’t provide for registration as a condition to be fulfilled for copyright protection in Nigeria. However, the Nigerian Copyright Commission established a voluntary copyright registration scheme. The scheme enables authors and copyright owners to notify the commission when a work is created or that it exists, so as to enable the commission to maintain its records.

Registration of copyright with the commission gives the work certain advantages such as:

Providing an independent source of verifying information about the work or author.
The acknowledgement certificate issued by the commission usually provides prima facie evidence of facts.
It also provides a depository for preserving original copies of the artistic works.
The information stored with the commission, offers information to the public and license of work.
Whenever any Copyright work is registered, it is usually kept in the commissions record and it goes to form part of the public records. All information provided when copyright is registered are made available to the public. Also the internet copies of the work for a third party are only available when the author or copyright owner authorizes for it to be made available.

LEGAL FRAMEWORK REGULATING COPYRIGHT IN NIGERIA

The Nigerian Copyright Act Cap C28, (Laws Of The Federation Of Nigeria) 2004, which has been repealed by the copyright Act, 2022 but I elect to reproduce only provisions of the Copyright Act 2004

The Nigerian Copyrights Act, 2022 which is now invoke as it repealed the Copyrights Act, 2004 has contributed greatly in regulating entertainment law in Nigeria. The Copyrights Act helps in safeguarding a copyright owners work from copyright Infringement. It goes to mean that the Act protects the authors right over it, and does not allow for it to be misused by a person who does not possess such rights without prior consent of the owner.

The Constitution Of The Federal Republic of Nigeria, (1999 As Amended)

The CFRN, 1999 is the supreme Law of the Land from which all other laws draw their livelihood and validity from. It is the fundamental law of the land; it can also be considered as the grundnorm. The constitution provides unambiguously that all other Laws must be consistent and in accordance with its provisions, as any law which elects to go contrary shall be declared null and void.

The provisions of the constitution are made bear in several situations that arises in the entertainment industry. There have been situations whereby artistes works have suffered from certain restrictions and barring, in 2019, This is Nigeria by the Nigerian musician Folarin Falana was barred and also restricted from being aired. The person whose right is breached is free to approach the Courts for redress due to the clear provisions of Section 46 of the CFRN, 1999.

The Companies And Allied Matters Act, 2020.

For business operation to commence in Nigeria, such as; record labels, film production companies, marketing of CDs, musical management e.t.c in the entertainment sector, it is first expected to interface with the Corporate Affairs Commission, which is the regulatory body saddled with the responsibility of registration of business names, company, incorporated trustee or even partnership, for such to be registered.

Trademark Act

Trademarks usually protects labels, logos, signs, and designs e.t.c from piracy, reproduction and even misrepresentation. Many producers and artists are known for signature brand or logo which distinguishes them from others. The Act provides that the Trademark is only valid for Seven (7) years after which, it may be renewed for another period of Fourteen years, or else such will be released to the public.

CONTRACT LAW

Every contract is a legally binding agreement which recognizes and governs the rights and duties of the contracting parties. Contract law is also used to regulate activities in the entertainment industry, such as; when an Artiste enters into a contract with a record label for the production of a song, such an agreement makes the contracting parties to abide by the terms of the contract as it becomes binding on them. In occurrence of any breach the innocent party is entitled to seek a remedy, which is usually the remedies of contractual breached such as; damages, specific performance, injunction, and also rescission of the contract. The action for copyright infringement is usually brought by the owner of the copyright or an authorized person (e.g., assignee, licensee).

INTELLECTUAL PROPERTY LAW AND COPYRIGHT INFRINGEMENT IN NIGERIA

A Copyright Infringement usually occurs when the right of an Author or owner of a Copyright is violated by an unauthorised person. It can be seen as the breach of duty owed to the author or owner of any artistry or creative work, somehow a work developed by ones intellectual. The Law provides in Section 15 of the Nigerian Copyright Act, that an Infringement occurs when an unlicensed person or a person without authorisation by the owner of the Copyright does the following;

Executes an act that is controlled by copyright.

Imports a copy of work to Nigeria. which if it was made in Nigeria, would be an infringing copy.
Exhibit in public any article in respect of which copyright is infringed.
Distribute by trade, for any detrimental purpose to the copyright owner, any article that infringes copyright.
Produces or has in possession machines or equipment used to make infringed copies of a work.
Perform for business purposes or as a supporting facility to a trade or business, any work in which copyright subsists.
Permits a public place of entertainment or business to be used for performing infringing work.
Notwithstanding the Nigerian Copyright Act or even any other provision, copyright is not infringed where the work is contained in the National Archives established under the National Archives Act or a public record of a State for the storage or custody of which provision is made by law.

The Federal High Court is the Court with exclusive jurisdiction for the trial of copyright offences or disputes in Nigeria. In an infringement action, relief of damages, injunction, accounts, or otherwise are available to the Plaintiff. In an event whereby an infringement occurs but at the time of the occurrence, the defendant was unaware that the work is copyrighted, the plaintiff or Copyright owner is not entitled to damages but is entitled to an account of profits regarding the infringement.

A person who infringes on Copyright is subject to Criminal Liability under section 20 of the Copyright Act. Also, in the decided case of the Nigerian Copyright Commission & ORS v Musical Copyright Society of Nigeria LTD & ORS (2013), the Court held that: an act of infringement constitutes a crime

Intellectual Property Law, Copyright Infringement And The Nigerian Entertainment Industry

Infringements have become a phenomenon and a recurring decimal in Nigeria and it has eaten deep into the fabric of Nigeria Entertainment industry. Today Nigerian artists prefer to stage performance in O2 arena, London and other event centers in the United Kingdom and the United States of America, since their sales of compact disks adds little or nothing to them, due to the alarming rate of piracy.

The Plantation Boiz Enigma between musical heavyweight Innocent Ujah Idibia A. K. A 2Baba, and Ahmedu Augustine Obiabo A.A. Blackface is a much talked about topic, in as much as Copyright infringement © is concerned in Nigeria. It has been brought to public knowledge that both artists were formerly members of the three-man music group Plantashun Boiz, whose soundtrack was everyone’s favourite and was on all speakers in the early 2000s. In 2016, Blackface accused 2Baba of copyright Infringement and claimed ownership of the songs Let Somebody Love You, and the much-loved African Queen, 2baba in reaction to the allegations instituted an action for libel against Blackface claiming the sum of 50 Million Naira. Although the case did not proceed as parties resorted to out of court settlement at the Ikeja High Court, Alternative Dispute Resolution Centre, 2Baba amicably agreed to give Blackface his royalties accrued from the songs, while Blackface reciprocated by desisting from further accusations against 2Baba. In 2023 Chukwuemeka Ejekwu, popularly known as Oga Sabinus, was on the verge on instituting an action in Court against Friesland and UAC FOODS, the Companies which produced Peak Milk and Gala Sausage Roll respectively, over the infringement of his trademark and the use of his intellectual property. In May, precisely on the 24, Peak Milk used ‘’ Something Hooge” a phrase mostly used by Mr. Funny in one of their social media posts. The skit maker threatened to slam Friesland and UAC FOODS with a #1 Billion naira, and a #100 million naira lawsuit for the unauthorized usage of his trademarks and also employing it in their marketing materials. Stanley Alieke, his Lawyer even brought it to public knowledge that Sabinus’s trademarks were registered and that they were willing to take appropriate legal action if they failed to comply, since a legal notice was already served on them.

REMEDIES FOR COPYRIGHT INFRINGEMENT

The Remedies are usually Civil and Criminal.

Civil Remedies Includes;

Damages: a person whose rights have been breached is entitled to monetary compensation, it comes either through General damages or special damages. In most cases exemplary damages and also compensation for pains and suffering, injured feelings and diminishing of reputation.
Rescission; this is a remedy for breach of any contract between contracting parties as it allows a party who is not in breach of any terms to rescind from the contract (That I mean; Pull off) from the contract instead of resorting to seek for monetary damages. It upon made manifest, puts the Parties in a position they would have been, if they never contracted.
Account For Profit; it usually occurs in situations in which the infringer of any work is usually compelled to account for the profits accrued in events of infringement. They income generated is then returned to the author, owner, copyright owner or creator of such work. It is mostly invoked in situations where the infringer was oblivious of any Copyright Infringement.
Injunction:they are either interim or interlocutory, the purport of injunctions is to restrain the infringer from further infringement on the copyright.
Inspection and Seizure Order; it bears similarities with (Anton Pillar Injunction) and allows the Copyright owner thr right of ingress into the premises of the infringer to inspect the infringing copies of work. It is usually granted upon application made by a copyright owner to the court by way of motion Ex-Parte (that is without service of notice to the other parties). The Courts grants such orders so as for the copyright owner to be able to gather evidence in event of contention in court. Specific Performance (that is performing a specified act or duty is also another remedy usually granted by the Court to a party who seeks for such Orders).
RECOMMENDATIONS

The Legal Framework which is usually invoke should be subjected to amendment to tackle the plethora of challenges of the digital age. The provisions of Section 2(1) of the Nigerian Copyright Act,states that Copyright shall be conferred on “an individual who is a citizen of or is domiciled in Nigeria”. The wordings should be amended to read ” a human individual who is a citizen of, or is domiciled in Nigeria .
More rules and regulations should be enacted to govern the entertainment industry, as it accounts for 0.21 of Nigeria’s GDP as the second quarter of 2022.
Conclusion

Copyright Infringement is a quack-mire bedeviling the entertainment sector, it is indeed a parasite of great worry that has eaten deep into the Entertainment industry in Nigeria. Therefore only legitimate copyright owners, licensees and assignees should be allowed to enjoy the proceeds from a copyright work, and does who pilfrate or steal or make use of other people’s works should learn to desist from such inimical acts’ or stand to face prosecution by the NCC. It is also of importance to bring to limelight that the multiplicity of laws regulating the entertainment industry also contributes to the menace ravaging the entertainment industry. The Legislative houses should enact precise laws that governs the Novel area of law as it relates to our country.

REFERENCES

THE ECONOMIC IMPACT OF ENTERTAINMENT ; WHY IT IS MORE IMPORTANT THAN YOU THINK (www. SystemEntCorp.co,) 2004
COPYRIGHT ACT. CAP 28 LFN, 2004
COPYRIGHT ACT, 2022
A. GARNER, BLACK’S LAW DICTIONARY, 7THEDITION ( Thomas Reuters, 2014)
N. ESIBOR ‘EENTERTAINMENT LAW IN NIGERIA: A TORPID STEP IN THE RIGHT DIRECTION http://www.academia.edu
Wikipedia
https//www.lawkernel.ng
Section 11, 12, 13, copyright Act
https//www.businessqld.gov
section 38 copyrights act
20 copyrights act
Patrick Ekup-nse Alobi is a student of the faculty of law, University of Calabar, Cross River State, Nigeria. He is a budding lawyer with interest in corporate/commercial law practice, Intellectual Property Law, Entertainment Law, Oil & Gas Law, Energy & Natural resources law, Tax Law, Wildlife preservation, Tech Law, Human Rights Law and a growing interest in sports law. He may be reached via email at: [email protected], or 09024529697 or 09031586393.