The new law of Nigeria will aid in the fight against online movie piracy, revenue loss from the unauthorised use of works under copyright, and possibly foster stability in the “Nollywood” industry.
Nigeria has finally modernised its outdated copyright legislation from 2004 to reflect the digital age, where the entertainment sector has existed for many years.
It was challenging to even get phone service in Nigeria before the late 1990s. Additionally, it was exceedingly expensive for private companies to produce films. Since then, technological innovation has opened up a wide range of informational and entertainment options.
Nigerian film industry
A filmmaker only needed a basic video recorder and a team of brilliant creatives before the advent of digital technology. The Nigerian film industry was thus given its contemporary name: Nollywood.
Nollywood is second-largest employer after agriculture, employing more than a million people directly or indirectly. The percentage of Nollywood’s output that went towards Nigeria’s GDP in 2022 was 0.1%. In terms of the quantity of films produced each year, it is the most prosperous film industry in Africa and the third largest in the world, behind Hollywood and Bollywood.
However, Nigeria’s copyright laws fell behind the commercial and technological advancements in the sector. The main problem was piracy, which made it simple to steal and resell other people’s creative works without their permission. A new copyright system was obviously required as the courts were faced with fresh intellectual property issues.
Nigerian Copyright Law
If Nollywood wants to succeed, it requires a new copyright system. According to research, Nigerian law schools need to teach students about copyright in order for the updated copyright legislation to be effective in fostering the country’s creative industries. According to my findings, Nigeria should consciously incorporate digital copyright systems in its laws and enhance the organisations that enforce them.
Additionally, Nigeria’s new copyright law does close loopholes. Nigerians will now benefit from a legal system that can safeguard their technical inventiveness. The new regulation will be helpful in the fight against online movie piracy and the loss of income caused by the unauthorised use of copyrighted works.
In sectors like Nollywood, the new law may bring about stability and predictability. This is a step in the right direction for economic growth and a more diverse national economy.
But it will be crucial to give the courts room to operate. The action can become more challenging and drawn out if parties try to resolve differences with the Copyright Commission, which is a new option. That might deter financial support for the creative sector.
Benefits of the Law
The new copyright in Nigeria legislation respects and safeguards artistic creations built on the most recent digitally producing technologies. It includes movies, music, plays, literary works, and performances made possible through wireless devices and the internet using streaming methods, uploads, hyperlinks, and airdrops.
Now, the law includes anti-circumvention tools. It is currently illegal to go around a computer programme, piece of software, or other technical safeguard put in place to safeguard a work covered by a copyright. Both a criminal act and a civil wrong, film piracy carries serious penalties and repercussions. This now also applies to contemporary online film piracy.
A “safe harbour” feature in the recent copyright law shields Nollywood business owners from pointless legal actions. For instance, the online service provider industry is a young technology that needs significant investment and is subject to illicit activity.
Unauthorised content being posted online, which can lead to lawsuits that have an impact on the sector’s investors. The safe harbour comes with obligations on the side of the online service provider, who must promptly remove unauthorized material and refrain from making money off of it.
