Entertainment Law In Nigeria: A Need For Codification

By Oyetola Muyiwa Atoyebi, SAN

There is a need to address the current posture of Entertainment law in Nigeria. Due to the fact that entertainment law cuts across many areas of law, it is currently being administered by many laws and regulations. On the contrary, a codified law, embodying all of the various laws currently in force, will make the administration of the legal issues in entertainment easier for legal practitioners, and Nigeria, as the front burner of codifying a novel legislation in sub-Saharan Africa.

INTRODUCTION

Due to the growth of social media and the internet in the last ten years, the world has witnessed a spike in music, television, creative arts and the movie industries. These areas are all encompassed under a general industry known as the Entertainment Industry. Entertainment law is the body of laws that govern the entertainment industry. Succinctly put, it is the various rules and regulations guiding the creation of content in whatever form, for public consumption needed for relaxation, amusement, and even business.

Entertainment law, which is a subset of Media Law and the general body of Intellectual Property Law, has for decades now in Nigeria, been underutilized, undeveloped, and largely left untouched. It is for this reason that there is no composite body of law regulating the Entertainment Industry. It should be noted at this point that the entertainment industry in Nigeria is largely dependent on the legal framework provided by Intellectual property laws.

The legal issues emanating from this industry are usually, like most novel areas of law, regulated by multiple laws. It is closely bordered and guided by many other areas of law such as labour law, contract law, finance and tax laws, Copyright and Trademarks Act, various rules of Court, etc. Entertainment law in Nigeria derives its life from already existing enactments and thus, these practice areas often intertwine with entertainment law.

However, given the heavy economic flow that these industries generate, it has become imperative that this area of law should be administered by its own body of laws, different and distinct from the conglomerated laws, chiefly the Copyright and Trademarks Act which provides for literary work in general.

The import of this article, therefore, is to investigate the present legal framework governing entertainment law in Nigeria, and thereafter make a case for a codification of a specialized body of law, for the sole administration of the entertainment industry in Nigeria. The article shall also include the benefits of a codified law to the jurisprudential space in Nigeria.

CURRENT LEGAL FRAMEWORK OF ENTERTAINMENT LAW IN NIGERIA

The current structure of entertainment law in Nigeria cuts across several areas of law due to the vast nature of the concept. To properly appreciate the broad nature of the entertainment industry, a cursory analysis of the existing framework is pertinent.

THE COPYRIGHTS ACT

The Copyright Act is the chief legislation governing entertainment law in Nigeria. This is because it caters for literary works in general. The Copyright Act safeguards creative works from infringement, unlawful production, and manipulation. This implies that once an artist creates a body of work and copyrights it, same is protected from being used or misused by the public without his permission. As a result, such an artist can completely benefit from and enjoy the profits and royalties that are accorded his work to the exclusion of others. Many artists have risen to fame and fortune in other countries by copyrighting their work and receiving sufficient remuneration in the event of an infringement.

TRADEMARKS ACT

Trademark Act, is synonymous in function with the Copyright Act. A Trademark protects designs, labels, logos, signs etc. from pirates, misrepresentation and reproduction. Many artists are known for a signature brand or logo which distinctively identifies and makes them stand out. It is in view of this background that Trademark is most effective. This means that a creative like “Sydney talker”, a Skitmaker, can trademark the “Towel Guy” and the “towel” which are distinctive features of his skits and contents.

It is to be noted that Trademark is only valid for seven (7) years after which it may be renewed for another period of fourteen (14) years, or it will be released for public use.[1]

COMPANIES AND ALLIED MATTERS ACT

Company and Allied Matters Act is a very important legislation because it is required that a business be registered, in order to be fully operational in Nigeria. The Act specifies different types of business models that an entertainment outfit may adopt to carry out their different businesses. It may be a music record house, cinematic production outfit, studios etc., should all be registered and incorporated to make them distinctive from the persons who own them.

Quite unpopular amongst the majority of the populace is that behind every successful and influential entertainer or artist is a great legal team. Due to the high intensity of corporate services which are often transacted in the entertainment industry such as the signing of artists, mergers of studios to produce a movie, collaboration of artists on a project and other numerous activities, legal practitioners have their work cut out for them. Some of which include:

1. Advisory roles: Many players in the entertainment industry are ignorant of the various legal implications that their actions may occasion, therefore the legal practitioner advises his Client on the pros and cons of whatever decision is to be taken.
2. Drafting of documents: As earlier stated, the entertainment industry interfaces a great deal with the corporate world, be it advertising, marketing, brand ambassador, etc, The legal practitioner more than advising, draws up these various unique contracts which are beneficial to the interest of his clients.
3. Instituting of action in Court where rights are breached.
4. Reviewing contracts and agreements before a client enters into a legal relationship.
5. Negotiating deals and agreements.
6. Resolving disputes through mediation or arbitration.

A CASE FOR CODIFICATION

It might be quite a hassle attempting to discuss all the laws which are currently in force in administering entertainment law, thus only the obvious ones have been discussed above. This is not to say that other laws are irrelevant. The case, therefore, for a codified set of laws for the entertainment industry, anchors on the fact that there is a necessity that laws are enacted, which will encompass all the various laws currently regulating the industry, and merge them into one for ease of administration.

For example, the Copyright Act does not provide regulations for novel areas in entertainment such as rights to broadcast sporting events, naming rights of stadiums, rights to use television program formats, rights to use non-copyrighted data for AI development and content generated by AI, without a creative contribution by human beings, the penalty for infringing on same. Similarly, taxation issues are not provided for in the       Copyright Act.

It is therefore expedient that the Legislature begin to look into how to expand the law in this area. Furthermore, a codified set of laws regulating the industry will make the players more active and knowledgeable. As presently constituted, entertainment law does not have many practitioners. Although the number is growing every day, the fact, however, is that for this area of law to grow rapidly, there must be an unambiguous law which the practitioners can hold reference to as a stable guide.

Due to the growth of the entertainment industry in recent times, accounting for 0.18 per cent of the GDP of Nigeria in 2021,[2] it is paramount that there are established rules to regulate this novel and lasting revenue source.

CONCLUSION

It is imperative that the legislature begin to look at enacting a specialized law like they did with Health law, Energy, Finance, Tax, etc., and not just leave the regulation of the entertainment industry in the hands of multiple overlapping and oftentimes conflicting areas of law. This will add to the effective practice of this area of law, and help regulate players in that field as well as protect the economic resources which the entertainment industry currently possesses.

AUTHOR: Oyetola Muyiwa Atoyebi, SAN.

Mr. Oyetola Muyiwa Atoyebi, SAN is the Managing Partner of O. M. Atoyebi, S.A.N & Partners (OMAPLEX Law Firm) where he also doubles as the Team Lead of the Firm’s Emerging Areas of Law Practice.

Mr. Atoyebi has expertise in and a vast knowledge of Corporate and Commercial Law and this has seen him advise and represent his vast clientele in a myriad of high level transactions.  He holds the honour of being the youngest lawyer in Nigeria’s history to be conferred with the rank of a Senior Advocate of Nigeria.

He can be reached at atoyebi@omaplex.com.ng

COUNTRIBUTOR: Jedidiah Akpata.

Jedidiah is a member of the Dispute Resolution Group at OMAPLEX Law Firm. He also holds commendable legal expertise in entertainment law.

He can be reached at jedidiah.akpata@omaplex.com.ng.

[1] See Section 23 of the Trademarks Act, CAP T13, LFN 2004.

[2] ‘Arts, entertainment and recreation sector contribution to GDP in Nigeria 2019-2021’ Published by Statista Research Department on Feb 1, 2022 https://www.statista.com/statistics/1186955/arts-entertainment-and-recreation-sector-contribution-to-gdp-in-nigeria accessed on the 23 May, 2022.