Blessing Ajunwo – Choko and Atake Anthonia1
INTRODUCTION:
Content creation and meme sharing have established a strong hold on social media platforms, completely changing the way people communicate and engage online. This prevalent trend is visible on a variety of platforms, such as but not limited to Instagram, TikTok, Facebook, Twitter, and Snapchat, where individuals create, distribute, and engage with various content. The ease of use of social media platforms and the availability of modern technology are two major contributing factors to the growth of content creation.
With the widespread availability of smartphones featuring high-resolution cameras and sophisticated editing tools, distinguishing between amateur and professional content production has become increasingly challenging.Top of Form This technological democratization has empowered individuals to share their perspectives, talents, and life experiences with a global audience, fostering a sense of unity and camaraderie that transcends geographical barriers.2 Furthermore, the allure of self-expression motivates many to utilize social media platforms as creative outlets. Memes, in particular, have emerged as integral components of contemporary digital culture, reshaping how we engage online.3 Ranging from clever graphics to humorous gifs and catchy catchphrases, memes facilitate new forms of digital interaction, allowing for the exchange of ideas and collaborative content creation in unprecedented ways.4
In this article, we examine the complexities of intellectual property rights, as regards social media content creation and sharing content on social media platforms. Our exploration has traversed various key points, each shedding light on critical aspects of copyright protection, fair use, ethical considerations, and practical strategies for compliance.
UNDERSTANDING INTELLECTUAL PROPERTY ("IP")
IP constitutes a vital cornerstone in modern business and legal frameworks, safeguarding the creative and innovative outputs of companies and individuals alike. This expansive domain encompasses a diverse array of intangible assets, meticulously cultivated and legally fortified to shield against unauthorized exploitation or appropriation by external entities. Within this intricate tapestry of intangible assets lie a myriad of creations, innovations and proprietary knowledge.
The idea behind intellectual property arises from acknowledging that certain products of human creativity necessitate legal safeguarding comparable to tangible assets like real property. Various intangible assets fall under the umbrella of intellectual property, with some of the most common ones outlined below;
- Copyrights: Copyrights enshrine artistic works and literary compositions, granting authors and creators the exclusive privilege to reproduce, distribute, and publicly display their creations.
- Trademarks: Trademarks serve as distinctive markers, emblematic of a brand's identity and reputation. Patents encapsulate groundbreaking inventions, offering exclusive rights to their creators for a specified duration. A trademark and a business's brand are frequently linked.5
Due to the ease of sharing, downloading, and dissemination of social media content, intellectual property rights hold particular importance in this context. According to Nigerian copyright law, creators of original content—whether memes, pictures, videos, or literary works—retain significant rights to their creations. These rights extend to various aspects of creative works, encompassing the ability to reproduce, distribute, and publicly perform the work. Additionally, creators wield the authority to grant permission to others for these actions, effectively determining how their creations are shared, utilized, and disseminated within the public sphere.
In Nigeria, the legal framework for protecting IP rights consists primarily of the Copyright Act, 2022, Trademarks Acts,6 and the Patents and Designs Act.7
These laws not only safeguard the rights and creative works of authors but also provide mechanisms for enforcing these rights effectively. Among the tools available for enforcement are provisions for holding infringers accountable, such as seeking an account of profits, pursuing damages for losses incurred due to infringement, and obtaining injunctions to halt unauthorized use or distribution of protected works. Through these legal avenues, authors are empowered to defend their intellectual property and ensure that their rights are upheld in the face of infringement.
INTELLECTUAL PROPERTY RIGHTS AND THE POTENTIAL CONSEQUENCES OF INFRINGEMENT
Protecting intellectual property rights ("IPR") is of great significance for several reasons which include the promotion of innovation and creativity, economic development, cultural preservation and enhancing trade relations.8 In Nigeria, the repercussions of intellectual property rights (IPR) infringement encompass several significant outcomes, including financial losses, reputational harm, diminished competitiveness, and potential legal ramifications. To tackle these challenges, Nigeria has undertaken initiatives to bolster its legal and institutional infrastructure for safeguarding intellectual property. This includes the implementation of key legislations like the Copyright Act, Patents and Designs Act, and Trademarks Act. Moreover, Nigeria has committed to international agreements such as the Berne Convention, TRIPS Agreement, and WIPO Copyright Treaty. These international agreements establish norms and guidelines for the protection and enforcement of intellectual property rights, further enhancing Nigeria's efforts in this domain9.
AN OVERVIEW OF COPYRIGHT LAW AND HOW IT APPLIES TO SOCIAL MEDIA CONTENT
The Copyright Act, 2022 (the "Act") was signed into law on March 17, 2023. The Act offers a thorough description of copyright that covers a wide range of creative works, including broadcast, literary, musical, artistic, and video. Additionally, it strengthens authors' rights and toughens penalties for copyright infringements, addressing issues relating to digital and online use of copyrighted works.10 The Act stipulates in Section 2(1) that certain types of works are eligible for copyright protection, such as literary, musical, artistic, audiovisual works, broadcasts and sound recordings.11
Copyright infringement occurs when an individual or entity, other than the rightful owner, undertakes an action exclusive to the owner without obtaining the owner's permission, authorization, or the transfer of rights through assignment or legal means. The Federal High Court, situated within the jurisdiction where the infringement allegedly took place, holds authority over such matters. Depending on the particulars of each case, remedies can be sought through civil or criminal channels.12 The scope of copyright laws extends to original works shared or posted on social media platforms. Creators of original content retain ownership rights over their creations, and anyone seeking to utilize or reproduce these works must first obtain consent.13
FAIR USE IN CONTENT CREATION AND MEME SHARING ON SOCIAL MEDIA
Fair use can be considered as an anti-copyright defense that allows the use of a work without the owner's consent. Fair dealing purposes are defined by Section 20 (1) (a) of the Copyright Act, 2022 as private use, parody, satire, pastiche, or caricature; private study and non-commercial research; criticism, review, or reporting of current events, with recognition of the work and its creator.14 The use of copyrighted content is permitted as long as the rights of the copyright owners are respected and the original work's marketability is not harmed. The goal and nature of the use, the type of copyrighted work, the amount and quality of the portion used, and the effect of the use on the original work's feasible market share are some of the factors that determine whether a given use is entitled to fair use,15
Proper authorization to upload a copyrighted work on a social media platform is necessary as only creative works that are in the public domain, and meet the requirements for fair use, those for which the user has permission to post, or their original works can be posted.16 Emphasizing the necessity of obtaining consent or a license prior to utilizing copyrighted content in social media postings is crucial. This practice ensures adherence to legal requirements, preserves trust and goodwill, fosters the growth of creative enterprises, and demonstrates respect for the rights of copyright holders.17
THE VALUE OF CREATING ORIGINAL CONTENT AND AVOIDING INFRINGEMENT
Beyond its legal mandate, championing originality and refraining from infringement stands as a foundational principle essential for nurturing the growth and resilience of the creative industry. This ethos not only fosters innovative thought but also fuels economic progress. The advantages of creating authentic content and safeguarding intellectual property rights extend to enhancing creativity and uniqueness, fostering diverse cultural expressions and individuality, stimulating business expansion, and elevating one's global standing and competitive edge.18
Content creators have access to a diverse array of valuable strategies and techniques for fostering unique concepts, avoiding copyright infringements, and crafting engaging and imaginative content. By incorporating these tactics into their content creation workflow, creators not only enhance the quality and originality of their work but also reduce the risk of legal disputes and maintain compliance with intellectual property regulations.
These strategies and techniques include but are not limited to the following:
,
- Extensive Research and Investigation: To stay up to date on the newest trends, advancements, and interests in their niche or business, content authors should devote time to undertaking extensive research.
- Innovative Thinking Sessions: These meetings, which can include participants from all walks of life, can help to create a cooperative welcoming atmosphere that is favorable to innovation.
- Incorporate Unique Style and Viewpoints: Creators may build a distinctive bond with the viewers and position themselves as genuine and likeable advocates in their field by offering personal stories, observations, and ideas.19
- By creating original visual material, content creators can give their audience a more seamless and engaging encounter while preventing copyright problems related to using photos or videos from other people.
- To ensure adherence and reduce the likelihood of copyright infringement, creators of content should educate themselves on fair use concepts and the laws governing copyright. When using someone else's intellectual work, creators should be aware of their rights and the restrictions imposed by copyright legislation.
SHARING MEMES RESPONSIBLY
In today's dynamic digital realm, where the sharing of memes and popular content on social media platforms is ubiquitous, it is imperative for both content creators and consumers to maintain a keen awareness of copyright implications. This awareness is crucial to preempt any potential legal entanglements that may arise from the unauthorized use or distribution of copyrighted material. As Nigeria's digital landscape continues to evolve rapidly, shaping the way information is disseminated and consumed, understanding these copyright ramifications becomes increasingly paramount.
In this evolving digital world, nurturing a society that values intellectual property rights while championing creativity and self-expression is essential. By recognizing and respecting the legal frameworks governing intellectual property, individuals contribute to the cultivation of an environment where innovation thrives and creators are duly acknowledged and protected.
Moreover, when sharing memes and social media content, it is incumbent upon users to acknowledge and attribute the original creators. This practice not only upholds ethical standards but also serves to honor the hard work and creativity of those who produced the content. By acknowledging the creators, users demonstrate respect for their intellectual property rights and contribute to fostering a culture of mutual appreciation and collaboration within the community of creators. This culture of recognition and inclusivity is pivotal in nurturing a vibrant and supportive creative ecosystem where ideas can flourish and individuals feel valued for their contributions.20
In Nigeria, sharing protected content without authorization results in serious legal implications and possible repercussions, some of which include:
- Civil Liability: An individual who infringes an owner's intellectual property right may be held civilly liable. In such cases, copyright owners can initiate suits to recover damages, an injunction, and legal costs.
- Criminal Prosecution: The Copyright Act stipulates that, certain violations, such as circulating unauthorized copies of intellectual publications, duplicating copied works for commercial gain, or carrying out extensive copyright infringement operations, are punishable by criminal penalties, which includes imprisonment and fines.
- Platform Liability: If social media and internet content-sharing sites allow or assist users in infringing owners' intellectual property rights, they may also be held legally liable. Where platform owners fail to take immediate measures to stop access to illegal content on their platforms despite being aware of any infringing activity, they may be held liable for copyright violations.21
PROTECTING THE RIGHTS OF CONTENT CREATORS ON SOCIAL MEDIA PLATFORMS
In the last decade, the impact of social media has surged, becoming an integral part of our daily lives. These platforms have evolved into vital centers where countless individuals regularly share their thoughts, images, and videos. It is important to recognize that content creators on social media hold rights equivalent to creators in other media forms. This grants them exclusive control over how their content is shared, used, and presented.22
On social media platforms, content creators have various means to protect their intellectual property rights. One option is to establish legal proof of ownership by registering their work. Additionally, adding a watermark to their content can serve as a deterrent against unauthorized usage. Whether visible or invisible, a watermark acts as a marker identifying the content's creator. Users on social media platforms can also utilize reporting mechanisms provided by the platform to report instances of copyright infringement. Furthermore, it is essential for content creators to thoroughly review the platform's terms of service to understand their rights concerning the content they post and how to address any violations of their intellectual property rights. Hence, seeking guidance from an intellectual property lawyer is advisable for content creators to fully understand the legal remedies available to them in cases of infringements. Consulting with legal experts can provide insights into the best courses of action to protect and enforce their intellectual property rights effectively.23
REPORTING COPYRIGHT INFRINGEMENT ON SOCIAL MEDIA
The process of reporting copyright infringement on social media platforms is a crucial undertaking aimed at addressing the unauthorized use of protected content and upholding intellectual property rights. Initially, it is paramount to identify the specific content, such as images, videos, text, or music, that has been shared and utilized on social media platforms without proper authorization. Once the infringing content is identified, it is essential to gather evidence of infringement, which may include screenshots or references to the illegal content, along with documentation verifying ownership of the copyrighted material, to support the copyright infringement claim.
Before proceeding with the submission of copyright infringement reports, it is important for the copyright owners to familiarize themselves with copyright policies and procedures of the social media platform where the violations occurred. Subsequently, copyright infringement reports or complaints are submitted to the platform's assigned copyright infringement reports teams. The platforms then conduct examinations of the claims and determine whether the alleged contents indeed violate copyright laws. If the platforms conclude that the contents in question infringe upon copyright, appropriate action will be taken to address the matters. Typically, the platforms communicate the results of their investigations and any subsequent steps to both the parties responsible for the infringements and the copyrights owners.24
CONCLUSION:
The significance of intellectual property rights within Nigeria's digital landscape cannot be overstated. Nigeria is home to many creators who have garnered international recognitions through various social media platforms. Acknowledging the original creators of memes and other viral content when sharing them is crucial. This practice promotes responsible social media usage, fosters innovation, and upholds intellectual property rights by ensuring netizens are cognizant of both the legal implications and ethical considerations involved.
Content creators can safeguard their intellectual property rights and mitigate the risk of inadvertent infringements by acquainting themselves with the pertinent laws that protect their rights. Establishing a culture of respectful sharing is paramount on social media platforms, where content circulates rapidly. This entails adhering to copyright laws and regulations, acknowledging the original innovators, and obtaining appropriate authorizations for any copyrighted content.
As individuals navigate the vast expanse of the internet, it is essential to remember that every action, whether sharing, liking, or reposting, should uphold principles of fairness, decency, and legitimacy. By adhering to these values, users contribute to a digital ecosystem that respects intellectual property rights, fosters creativity, and promotes a culture of mutual respect and integrity.
Footnotes
1. Blessing Ajunwo – Choko and Atake Anthonia are Managing Associate and Associate respectively at Alliance Law Firm, Lagos, Nigeria.
2. Boyd, Danah. (2014). "It's Complicated: The Social Lives of Networked Teens". Yale University Press.
3. Jenkins, Henry, Ford, Sam, and Green, Joshua. (2013). "Spreadable Media: Creating Value and Meaning in a Networked Culture". NYU Press.
4. Shifman, Limor. (2014). "Memes in Digital Culture". MIT Press.
5. Kenton W., "What Is Intellectual Property, and What Are Some Types?" https://www.investopedia.com/terms/i/intellectualproperty.asp [Accessed 23rd March, 2024].
6. CAP T13 Laws of the Federation of Nigeria, 2004
7. CAP P2 Laws of the Federation of Nigeria, 2004.
8. Nigerian Investment Promotion Commission. (2020). Intellectual Property Rights. [https://nipc.gov.ng/intellectual-property-rights/]
9. Adewopo, A. (2017). Intellectual Property Rights and Economic Growth: Nigeria's Experience. Journal of Economics Library, 4(3), 278-286.
10. Maureen E., "Nigerian Copyright Act 2023: An In-Depth Overview" https://www.mondaq.com/nigeria/copyright/1323108/nigerian-copyright-act-2023-an-in-depth-overview [Accessed 24th March, 2024].
11. Section 2(1) Copyrights Act 2022.
12. Atoyebi O. M., "Fair Use And Fair Dealing: An Analysis Of Copyright Law In Nigeria" https://lawpavilion.com/blog/fair-use-and-fair-dealing-an-analysis-of-copyright-law-in-nigeria/amp/ https://thenigerialawyer.com/fair-use-and-fair-dealing-an-analysis-of-copyright-law-in-nigeria/#google_vignette [Accessed 23rd March, 2024].
13. Adebambo, A. (2018). Copyright Law in Nigeria: Development, Challenges and Prospects. European Intellectual Property Review, 40(9), 564-570.
14. Section 20 (1) (a) Copyright Act 2022.
15. Omorogbe, E. Y. (2015). Copyright Law and Creative Development in Nigeria. International Journal of Information Research and Review, 2(9), 1313-1319.
16. Brette Sember, J.D. Fair use and fair dealing in social https://www.legalzoom.com/articles/fair-use-and-fair-dealing-in-social-media [Accessed 23rd March, 2024].
17. Ibid
18. World Intellectual Property Organization (WIPO). (2021). Intellectual Property and Economic Development: Nigeria. [https://www.wipo.int/edocs/pubdocs/en/wipo_pub_1059.pdf]
19. Wikimedia Commons. (n.d.). Welcome to Wikimedia Commons. [https://commons.wikimedia.org/wiki/Main_Page]
20. Ibid, note xix
21. Ibid
22. Adamgbo D., "Protecting Social Media Content Creators" https://medium.com/@the_solicitorng/protecting-social-media-content-creators-775804d94622#:~:text=There%20are%20several%20ways%20that,content%2C%20and%20prevent%20unauthorized%20use [Accessed 24th March, 2024].
23. Ibid
24. Nigerian Copyright Commission. (n.d.). Copyright Laws. [https://www.copyright.gov.ng/about-us/the-law/]
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.