INTRODUCTION
The field of entertainment law is quite diverse. In Nigeria, there is no specific law or act that governs the entertainment industry. This means that the concept of entertainment law is a combination of various laws and regulations that are relevant to different activities in the entertainment industry. The Nigerian media and entertainment industry is regulated by various areas of law, including but not limited to intellectual property, tax, contract, labour, corporate, and rules of court.
Currently, the entertainment industry in Nigeria is one of the fastest growing in the world and has contributed immensely to the country's economy. Its importance cannot be overstated 1 . In the second quarter of 2022, the arts, entertainment, and recreation sector represented 0.21% of Nigeria's GDP2.
The legal framework related to the entertainment industry encompasses various aspects such as representing artists and producers, negotiating contracts, and safeguarding intellectual property rights. This framework is intended to protect the creative and entrepreneurial efforts of businesses and individuals engaged in the fields of film, music, sports, broadcast media, theatre, publishing, and other artistic expressions.
CURRENT LEGISLATIVE AND REGULATORY FRAMEWORKS
The most relevant area of law that regulates the entertainment industry in Nigeria is Intellectual Property law. The relevant intellectual property law enactments include:
- COPYRIGHT ACT 2022
The Copyright Act protects and regulates the rights of owners and authors of creative works such as literary, musical, artistic, sound recording, broadcast, and audiovisual works.3 The Copyright Act create automatic protection for fixated works created by authors in the entertainment industry, ranging from movie scripts (literary works) to audiovisual films, musical works, sound recordings, and broadcasts.4 The Act states that unless otherwise specified by agreement, the natural or legal person who took the initiative and directed the creation of the collective work owns the copyright to it.5
For the first time, the Nigerian Copyright Act not only addresses the protection of works created and shared online but also acknowledges the threat posed by digital copyright infringement and accordingly provides for remedies. It further provides for civil and criminal remedies for rights infringement and how artists may license or sell their rights for any eligible work of entertainment produced. It also addresses the unique needs of dance, theatre and other performing arts. Hence, a creator of a choreography may claim a copyright for that choreography, once it has been fixed in a tangible form, such as on a video recording. The choreography then may only be used with the permission of the copyright holder.
- TRADEMARK ACT
The Act regulates and protects a brand's identity; a trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.
Trademarks play a significant role in Nigeria's entertainment industry, particularly in the music and film sectors. Individuals involved in the production of these industries put in creative efforts to create high-quality products and gain popularity and goodwill for their brands and names. They must register their names, marks, signs and symbols to prevent others from using similar-sounding names that could lead to confusion among consumers about the origin of the product or service being delivered.
Entertainment company names, record label names, performers' monikers, and, performers' legal names, can be protected under the Nigerian Trademark Act.6 In Nigeria, the Trademark Act Cap T13 Laws of the Federation of Nigeria, 2004 is the principal legislation governing trademarks in Nigeria. Another legislation is the Merchandise Marks Act, Cap M10 LFN,2004. While the Trademark, Patent, and Design Registry under the Commercial Department of the Ministry of Trade & Investment is the Agency responsible for the registration of trademarks in Nigeria.7
- PATENTS AND DESIGNS ACT 1990
The Act aims to protect the rights of inventors from outright copy, as well as from the incorporation of patented work, or the use of a product that is sufficiently similar to one.
The patent plays an important role in the entertainment industry by providing protection and granting a right of monopoly to creators of technological inventions that are used for industrial purposes in the field. This includes modern audio systems, video cameras, drones, 3D projection, and digital streaming platforms. The significance of patents in the entertainment industry has enabled the movie industry to evolve from black-and-white films to technicolour movies and even to a world of animation, which alone is a major source of investment in the entertainment industry.8
- COMPANY AND ALLIED MATTERS ACT 2020
Company and Allied Matters Act 2020 is a very important legislation because it requires a business name/company to be registered to be operational.9 The law defines various business models that an entertainment company can use to conduct their operations. Whether it's a music record label, film production company, studio, or any other related business, it's crucial to register and incorporate them to differentiate them from their owners. Before conducting any entertainment business in Nigeria, the company or business name must be registered with the Corporate Affairs Commission (CAC), a government parastatal responsible for regulating companies in Nigeria.
- THE NATIONAL BROADCASTING COMMISSION ACT
NBC regulates and governs the broadcasting sector such as radio, and television of the media industry in Nigeria. The Act establishes the National Broadcasting Commission in Section 1 and empowers the Commission to regulate and control the broadcasting industry amongst others.
It also provides that to operate a radio, sound, television, cable, or satellite station, a license is to be issued and granted by the National Broadcasting Commission as empowered by Section 9 of the Act.
CONCLUSION
The entertainment industry is closely tied to intellectual property law because it involves the creation of creative works. While the laws protecting digital creations are not yet fully developed, there are some important laws that every creative should be aware of. With the increasing profitability of entertainment, laws to safeguard the rights of creators are becoming more well-established. Furthermore, government agencies have been created to enforce these regulations.
Footnotes
1. accessed on the 19th day of March 2024
2. http://file///C:/Users/DANIEL/Desktop/ENTERTAINMENT%20LAW%20IN%20NIGERIA_v2.docx#_ftn2?trk=article-ssr-frontend-pulse_little-text-block accessed on the 19th of March 2024
3. Section 2 of the Copyright Act 2022
4. Section 18 of the Copyright Act 2022
5. Section 29 of the Copyright Act 2022
6. AAUA LAW CLUB INTETAINMENT 'An Overview of Legal Framework of Entertainment Law in Nigeria' An Overview of Legal Framework of Entertainment Law in Nigeria (intetainmentlawclub.ng) accessed on the 19th day of March 2024
7. Seunfunmi Adekoya 'ENTERTAINMENT LAW IN NIGERIA: THE IMPORTANCE OF INTELLECTUAL PROPERTY' ENTERTAINMENT LAW IN NIGERIA: THE IMPORTANCE OF INTELLECTUAL PROPERTY. (linkedin.com) accessed on the 19th of March 2024.
8. ibid
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