An Overview Of The Guiding Laws Regulating The Media And Entertainment Industry In Nigeria.

• Published date: 29 March 2024
• Subject Matter: Intellectual Property, Media, Telecoms, IT, Entertainment, Copyright, Trademark, Media & Entertainment Law, Broadcasting: Film, TV & Radio, Music and the Arts
• Law Firm: Compos Mentis Legal Practitioners
• Author: Ms Osaretin Aimuan

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:

1. 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...