Abstract
The Nigerian music and film industries have grown exponentially in recent years albeit through many challenges; this growth has become evident in our daily lives both locally and internationally. The Nigerian musicians now enjoy quality air play on local and foreign airwaves including satellite channels both in Africa and Europe. The Nigerian music industry is not alone in this regard, as the film industry is blazing the trail amidst criticisms on home front on its video quality, and the plots of those movies. One thing is, of course, certain: The Nigerian copyright industry particularly, the music and the film industries, have become a force to reckon with in our national life as Nigerians. They emphasize our identity as Nigerians both home and abroad. Moreover, the copyright industry has shown so much profitability in recent times, hence the problems militating against it.
One major problem bedevilling this industry, amidst others, is the gangrenous virus which has eaten deep into its fabric and in fact threatened its existence: infringement of copyright in the cloak of piracy. Attempts have of course been made in countering this disturbing act which has often led to loss of investment and profit accruable to copyright authors, owners, assignees and licensees. The Nigerian Copyright Commission recently introduced the Strategic Action Against Piracy (STRAAP) in 2005. The Nigerian Copyright Commission also recently released a regulation whereby 15 Optical Disc Producing factories in Nigeria and other factories will now have to register with the NCC. The Regulation which was signed into law by the Minister of Justice further provides that the factories are now required to also procure licences; require the plant’s use of Source Identification Code (SID) (mastering LBR Code & mould Code) on all discs produced and sold in Nigeria; and also to empower the government authorities to inspect plants and take deterrent action against any plants found to be operating outside the law. Besides, the Performing Musicians Association of Nigeria (PMAN) under its past chairman, Charles ‘Charley Boy’ Oputa had been reported in the electronic media to have organised and indeed engaged in public outcry and even unexpected visits to the Alaba International Market, Lagos confiscating pirated CDs and burning infringing copies worth multi-billion Naira. It is however disheartening that little had been achieved in the war against piracy in Nigeria.
This work which is in five chapters shall therefore focus on the general nature of copyright, the basic rights of a copyright owner vis-à-vis first infringement, through second infringement which shall look at dealings in copyright works. Furthermore, we shall also consider the basic forms of piracy and the present development with respect to internet file-sharing and peer to peer dealings of copyright work. The work shall consider the ways of countering acts of piracy in the Nigerian Copyright Industry and recommend licensing as a way of curbing piracy in the Nigerian Copyright Industry.
In this recommendation, the work shall explore the basic forms of licensing with copious reference to voluntary and collective licensing of both the musical and film works in Nigeria. In its explanation, we shall delineate the experiences of other jurisdictions particularly, United States of America, and United Kingdom and seek how these discoveries can be applied to the present situation of the Nigerian Copyright Industry.
In conclusion, we shall focus on making licensing work in Nigeria by making a case for collective licensing thus expound the role of the present Collecting Societies in Nigeria. We shall also consider the role of lawyers in this transaction and finally, identify some proposed reforms in the Nigerian Copyright law to accommodate the development in recent times.
Aluko Oluwasegun Samson
October, 2008
Friday, May 01, 2009
Licensing As A Tool for Curbing Piracy in Nigerian Copyright Industry
Abstract
The Nigerian music and film industries have grown exponentially in recent years albeit through many challenges; this growth has become evident in our daily lives both locally and internationally. The Nigerian musicians now enjoy quality air play on local and foreign airwaves including satellite channels both in Africa and Europe. The Nigerian music industry is not alone in this regard, as the film industry is blazing the trail amidst criticisms on home front on its video quality, and the plots of those movies. One thing is, of course, certain: The Nigerian copyright industry particularly, the music and the film industries, have become a force to reckon with in our national life as Nigerians. They emphasize our identity as Nigerians both home and abroad. Moreover, the copyright industry has shown so much profitability in recent times, hence the problems militating against it.
One major problem bedevilling this industry, amidst others, is the gangrenous virus which has eaten deep into its fabric and in fact threatened its existence: infringement of copyright in the cloak of piracy. Attempts have of course been made in countering this disturbing act which has often led to loss of investment and profit accruable to copyright authors, owners, assignees and licensees. The Nigerian Copyright Commission recently introduced the Strategic Action Against Piracy (STRAAP) in 2005. The Nigerian Copyright Commission also recently released a regulation whereby 15 Optical Disc Producing factories in Nigeria and other factories will now have to register with the NCC. The Regulation which was signed into law by the Minister of Justice further provides that the factories are now required to also procure licences; require the plant’s use of Source Identification Code (SID) (mastering LBR Code & mould Code) on all discs produced and sold in Nigeria; and also to empower the government authorities to inspect plants and take deterrent action against any plants found to be operating outside the law. Besides, the Performing Musicians Association of Nigeria (PMAN) under its past chairman, Charles ‘Charley Boy’ Oputa had been reported in the electronic media to have organised and indeed engaged in public outcry and even unexpected visits to the Alaba International Market, Lagos confiscating pirated CDs and burning infringing copies worth multi-billion Naira. It is however disheartening that little had been achieved in the war against piracy in Nigeria.
This work which is in five chapters shall therefore focus on the general nature of copyright, the basic rights of a copyright owner vis-à-vis first infringement, through second infringement which shall look at dealings in copyright works. Furthermore, we shall also consider the basic forms of piracy and the present development with respect to internet file-sharing and peer to peer dealings of copyright work. The work shall consider the ways of countering acts of piracy in the Nigerian Copyright Industry and recommend licensing as a way of curbing piracy in the Nigerian Copyright Industry.
In this recommendation, the work shall explore the basic forms of licensing with copious reference to voluntary and collective licensing of both the musical and film works in Nigeria. In its explanation, we shall delineate the experiences of other jurisdictions particularly, United States of America, and United Kingdom and seek how these discoveries can be applied to the present situation of the Nigerian Copyright Industry.
In conclusion, we shall focus on making licensing work in Nigeria by making a case for collective licensing thus expound the role of the present Collecting Societies in Nigeria. We shall also consider the role of lawyers in this transaction and finally, identify some proposed reforms in the Nigerian Copyright law to accommodate the development in recent times.
Aluko Oluwasegun Samson
October, 2008
The Nigerian music and film industries have grown exponentially in recent years albeit through many challenges; this growth has become evident in our daily lives both locally and internationally. The Nigerian musicians now enjoy quality air play on local and foreign airwaves including satellite channels both in Africa and Europe. The Nigerian music industry is not alone in this regard, as the film industry is blazing the trail amidst criticisms on home front on its video quality, and the plots of those movies. One thing is, of course, certain: The Nigerian copyright industry particularly, the music and the film industries, have become a force to reckon with in our national life as Nigerians. They emphasize our identity as Nigerians both home and abroad. Moreover, the copyright industry has shown so much profitability in recent times, hence the problems militating against it.
One major problem bedevilling this industry, amidst others, is the gangrenous virus which has eaten deep into its fabric and in fact threatened its existence: infringement of copyright in the cloak of piracy. Attempts have of course been made in countering this disturbing act which has often led to loss of investment and profit accruable to copyright authors, owners, assignees and licensees. The Nigerian Copyright Commission recently introduced the Strategic Action Against Piracy (STRAAP) in 2005. The Nigerian Copyright Commission also recently released a regulation whereby 15 Optical Disc Producing factories in Nigeria and other factories will now have to register with the NCC. The Regulation which was signed into law by the Minister of Justice further provides that the factories are now required to also procure licences; require the plant’s use of Source Identification Code (SID) (mastering LBR Code & mould Code) on all discs produced and sold in Nigeria; and also to empower the government authorities to inspect plants and take deterrent action against any plants found to be operating outside the law. Besides, the Performing Musicians Association of Nigeria (PMAN) under its past chairman, Charles ‘Charley Boy’ Oputa had been reported in the electronic media to have organised and indeed engaged in public outcry and even unexpected visits to the Alaba International Market, Lagos confiscating pirated CDs and burning infringing copies worth multi-billion Naira. It is however disheartening that little had been achieved in the war against piracy in Nigeria.
This work which is in five chapters shall therefore focus on the general nature of copyright, the basic rights of a copyright owner vis-à-vis first infringement, through second infringement which shall look at dealings in copyright works. Furthermore, we shall also consider the basic forms of piracy and the present development with respect to internet file-sharing and peer to peer dealings of copyright work. The work shall consider the ways of countering acts of piracy in the Nigerian Copyright Industry and recommend licensing as a way of curbing piracy in the Nigerian Copyright Industry.
In this recommendation, the work shall explore the basic forms of licensing with copious reference to voluntary and collective licensing of both the musical and film works in Nigeria. In its explanation, we shall delineate the experiences of other jurisdictions particularly, United States of America, and United Kingdom and seek how these discoveries can be applied to the present situation of the Nigerian Copyright Industry.
In conclusion, we shall focus on making licensing work in Nigeria by making a case for collective licensing thus expound the role of the present Collecting Societies in Nigeria. We shall also consider the role of lawyers in this transaction and finally, identify some proposed reforms in the Nigerian Copyright law to accommodate the development in recent times.
Aluko Oluwasegun Samson
October, 2008
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