Protecting Intellectual Property (Ip) In Nigeria’s Entertainment Industry: Legal Guide For Movie Producers.

Nollywood, Nigeria’s movie industry, is continuously extending its borders in recent times.[1] A study of the Nigerian film industry ranked it as the second largest globally, placing it behind Hollywood and ahead of Bollywood.[2] It began with low budget, amateur production, and informal distribution of physical copies of videocassettes and DVDs in the 1990s. Currently, it is transforming into a massive industry attracting millions of dollars in foreign investment and has become a well-oiled machine that is now tapping into digital revenue streams.[3]

This new level of development in Nollywood has brought about significant changes in both aesthetics and economics. With this growth comes the growing need for protecting Intellectual Property (IP) rights.[4] Evidently, intellectual property plays a crucial role in the monetization of movie industry products through various media, including online streaming platforms.

This article aims to provide a legal guide to assist movie producers in navigating the path of intellectual property rights in Nigeria’s movie industry.

INTELLECTUAL PROPERTY RIGHTS IN MOVIES

Intellectual Property serves as the umbrella term for legal rights creators have in their work. The following are intellectual property rights available in a film:

1.     Copyright: Copyright protects original creative works, such as scripts, music, sound recordings, and visual elements of the film. The ownership of copyright in any work rests on the author. The following are the rights vested in the author:

i.               Economic rights: The economic rights of an author include the exclusive right to do and authorise the doing of any of the following acts:

a.     reproduction of work

b.    causing the work to be seen and heard in public.

c.     Communicating the work

d.    Broadcasting the work

e.     Making any copy of the soundtrack of the work

f.      Making the work available to the public by wire or wireless means in such a way that members of the public are able to access the work from a place and at a time independently chosen by them

g.    Distributing to the public, for commercial purposes, copies of the work through sale or other transfer of ownership provided the work has not been subject to distribution authorised by the owner

h.    Making an adaptation of the work

i.      Making a translation of the work or any part and

j.      Doing in relation to a translation or an adaptation of the work, any of the aforementioned acts.[5]

ii.             Moral rights: Moral rights include the right to be identified as the author of a film, to object and seek relief for any distortion, mutilation, modification of, and any other derogatory action in relation to the film.[6]

2.     Trademarks: Trademarks protect brand identity, including film titles, logos, and distinct names, allowing filmmakers to distinguish their creative works and prevent confusion with other projects or entities. A trademark owner possesses the following rights in the trademark:

i.               The exclusive right to use the trademark for marketing.

ii.             Exclusive right to seek redress for infringement.

iii.           Right to assign or transmit the trademark, with or without the business goodwill.

iv.           Right to prevent third-party use of identical or similar trademarks in business.

3.     Trade Secrets: These include confidential information and strategies employed by filmmakers, like production techniques or marketing plans.

HOW TO PROTECT INTELLECTUAL PROPERTY RIGHTS IN MOVIES

1.     Secure Chain of Title Documentation: Copyright in a film vests in the producer. However, a film comprises of various copyrights related to different production elements, including the script, music, direction, and actors’ performances. To claim complete ownership of the film and license distribution rights, the producer must ensure that the various copyrights are properly transferred, assigned, and documented. Securing the chain of title documentation involves identifying the rightful holders of copyright and entering right transfer agreements with them. The types of agreements that need to be signed are often extensive and complex, with common examples including option agreements, actors’ contracts, music clearances, and director agreements.

2.     Register Intellectual Property: Copyright protection in Nigeria is automatic upon the creation of a work, and registration is not a prerequisite for copyright protection however registration is advisable because it provides an acknowledgment certificate as evidence of ownership, preserves the original work, and grants easy access to rights management information for licensees and other stakeholders. For trademarks, a registered trademark grants exclusive rights to its use, allowing the owner to seek legal remedies for infringement, while unregistered trademarks can be protected under common law through passing off. The protection afforded unregistered Trademarks is limited as such it’s advisable to register trademarks in movies.

3.     Execute Non-disclosure Agreements: Non-disclosure agreements (NDAs) protect trade secrets and ensure that sensitive information, such as scripts, plot details, production plans, and creative ideas, are kept confidential. They create legal obligations for the parties involved to maintain confidentiality, providing recourse if the terms of the non-disclosure agreements are violated.

4.     Employ Digital Rights Management (DRM) Technology: Employing DRM technology to secure digital copies of films and limit unauthorized copying, sharing, or distribution, especially on streaming platforms

5.     Monitor and Enforce IP Rights: Actively monitoring the market, online platforms and vigorously enforcing IP rights by taking legal action against infringers, including filing for injunctions and seeking damages, and other remedies under Nigerian law can serve as a viable means to protect one’s IP rights.

6.     Engage a Legal Counsel for Intellectual Property Rights Protection and Management: To effectively protect intellectual property in films, it is crucial to engage a legal practitioner who can identify and assess the IP assets involved, secure the necessary chain of title documentation, and ensure that all rights are properly transferred and documented. A legal professional can also facilitate the registration of IP with relevant authorities, ensuring legal recognition and protection. Furthermore, they can monitor and enforce IP rights, addressing any infringements promptly. Managing an IP portfolio is essential to maintaining its value, which includes renewing registrations before their expiry to preserve ongoing protection.

In conclusion, as the movie industry continues to grow, the importance of securing intellectual property rights for films becomes increasingly vital. To protect IP assets effectively, a thorough understanding of IP rights and protection mechanisms is essential. Engaging legal counsel for intellectual property enforcement is crucial and cannot be overstated.

La Peritum Law Practice has in place an intellectual property team to assist you navigate the complexities of intellectual property rights in Nigeria. Please email us at enquiries@laperitum.com or click here to contact us directly.

[1]Intellectual Property Rights Enforcement in Nigeria:  A Prop for Music Industry, US-China Education Review ( 2015), Vol. 5, No. 6, 373-381

[2] Tola Onanuga, Hooray for Nollywood!, The Guardian (Sept. 21, 2010),http://www.theguardian.com/film/filmblog/2010/sep/21/nollywood-nigerian-film-industry accessed 10 November, 2024.

[3]Franco Sacchi and Robert Caputo, This is Nollywood (Eureka Film Productions and the Center for Digital Imaging Arts at Boston University 2007).

[4]Ibid

[5]Section 11 of the Copyright Act, 2022

[6] Section 14 of the Copyright Act, 2022