THE MANAGEMENT OF COPYRIGHT IN THE CREATIVE COUNTRY INDUSTRY IN NIGERIA: NOLLYWOOD EXPERIENCE

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1 THE MANAGEMENT OF COPYRIGHT IN THE CREATIVE COUNTRY INDUSTRY IN NIGERIA: NOLLYWOOD EXPERIENCE Adelowo C. M*, Egbetokun A.A., Oluyi I., Abolaji D. A and Siyanbola W.O National Centre for Technology Management, Federal Ministry of Science and Technology, PMB 012, Obafemi Awolowo University, Ile-Ife, Nigeria caleb.adelowo@nacetem.org aaegbetokun@gmail.com Isaac.oluyi@nacetem.org dg.ceo@nacetem.org *Corresponding author Key words: Copyright, Related right, Creative industry, Nollywood and Intellectual Property. ABSTRACT It is not only important to generate copyright in this present age but also the ability to take giant step to protect, monitor and enforce it matters so much to the development of any economy. This research work has focused mainly on the awareness and management of copyright in the creative industry in Nigeria using Nollywood as a case study. Nollywood is the film industry in Nigeria which attracts a lot of interested parties both within and outside the country for the reason due essentially to how the industry has evolved over time. The major challenges of the industry are piracy, inadequate management policy and strategy to drive the sector. Questionnaires method was adopted to assess the awareness of copyright among the actors as well as the how the rights are managed within the industry. Though, not many literatures were available on the management of copyright in Nigeria and the contribution of copyright to the economies is yet to be assessed while various countries of the world that had done similar study shall be looked at to draw various policy options for Nigeria. 1

2 Introduction Copyright is an area of intellectual property law that provides protection to original works of authorship including paintings, sculpture, music, novels, poems, plays, dance, architecture, instruction manuals, technical documentation and software. The legal protection flows from the fact that an author independently creates the work and that his or her expression of an original work is owned by him/her contrary to the novelty standard in patents which focuses on the newness of a useful idea or concept as opposed to the expression of that idea. Copyright extends only to the expression of ideas and concepts and not to the ideas or concepts themselves. The difference between copyright and patents is referred to as ideaexpression dichotomy. There is no rigid definition of works that fall under copyright. Rather, it is said to extend to all literary and artistic works and it is intended that a flexible standard exist. Thus, in practice, copyright protection has been extended to works that a layman might consider neither literary nor artistic works. Examples are computer software and technical documentation. It is essential to note that copyright may subsist in an article, product or process with other Intellectual Property Rights (IPR). For instance, in computer software, industrial design and trade secret protection may co-exist with copyright. It should be noted as well that copyright does not require any formality for its protection save in some jurisdictions like the USA where fixation and deposit of a copy is a condition precedent. Related rights, on the other hand, were created to protect works that were previously not protected by copyright. These are rights related to performance, phonogram production and broadcasting. Over and above the traditional views of copyright and related rights as discussed above, the nature of these rights, the scope of protection, enforcement and infringement has been the object of extensive research because of their contribution to economic development. Consequently, copyright and related rights are today perceived to be an instrument for development as opposed to merely being a legal system providing a secure and stable environment for the creative activities in different market. Industries based on copyright and related rights products are referred to as cultural industries and the summation of such industries referred to as the creative industry. The creative industry therefore has a wider meaning which includes all cultural and artistic productions, whether live performances, cultural heritage and similar high arts activities. Creative industries are those in which the products or services contain substantial element of artistic and creative endeavour. 2

3 The contributions of this industry to economic growth and development cannot be overestimated as several studies and surveys have shown. This is reflected in the report of WIPO sponsored survey conducted on the contribution of copyright-based industries in several countries. The result shows that in 1999, the core copyright industries contributed up to US$457.2 billion to the US economy representing 4.94% of the GDP. During the period1977 to 1999, the employment in the creative industry grew from 1.6% (representing 1.5 million workforces) to 3.24% (4.3 million workforces). In terms of foreign sales and exports, the industry accounted for at least US$79.65b in In 2002, the contribution increased to 12% of GDP, 8.14% of the workforce and foreign sales continue to increase every year. Also, in Singapore, the industry, in 2001, generated S$30.5 billion of output and S$8.7 billion of value added. This amounted to 5.7% of the country s GDP. Employment in the industry stood at 118,600 or 5.8% of the total workforce. Productivity in the industry was estimated at S$73,579 of value added per worker which was almost the same as the national average of S$75,281. The foreign trade generated in terms of domestic export of copyright goods and materials was S$3.5 billion or the equivalent of 2.3% of the GDP. Apparently, the aforementioned contributions of these industries to the socio-economic development of these countries were possible largely on account of the efficient systems for copyright and related right management in place. It must be emphasised that having a law in place is not enough. A good law should be complemented with procedures facilitating the effective exploitation and enforcement of such rights. Nollywood in Nigeria is the second largest film industry in the world in term of production and holds huge potential for transforming the economy in this knowledge-based global economy. According to a May 2005 report released by the Nigerian Copyright Commission (NCC), the Nigerian film industry generated over US $200 million in export sales between 1992 and The industry provides job opportunities for many and serves as wealth creation sources for the creators in the industry. It turns out more than 1,000 film titles per annum. Full realisation of the industry s potential is nonetheless hampered by several challenges; some of these challenges are inadequate awareness on copyright, piracy and ineffective right management system within the industry. The country has therefore not been able to estimate and appreciate the actual contribution of the industry to socio-economic development. 3

4 Statement of the problem It is apparently important to note from here that several countries of the world that had carried out study on the roles copyright plays in the building of formidable knowledge economy was due essentially to several policies and frameworks for the implementation that had been put in place. These policies go a long way to influence performances of the operators in the copyright industries to the point that huge potential and economic benefits accrued from the sector to the economy. The challenges of the industry in Nigeria is multifaceted in that such a study had not been conducted to estimate and appreciate the real worth of the industry but rather guess estimate was mostly applied. Other major problem identified by this research is the failure to effectively and efficiently manage copyright and related rights in the Nigerian creative industry, whose failure has contributed to high levels of pirate activities. Other related problems to be low rate of IP awareness and lack of respect for creativity among others. Objectives of the study This study focuses on the need to determine the policy and strategic framework required to be put in place to ensure effective management of copyright and related right in the Nigerian creative industry and thereby enhance its contribution to the national economy. The specific objectives are: to examine the level of IPR awareness in the industry; to evaluate the performance of right management organizations in the industry and; to evaluate the adequacy of institutional structure put in place by the government to administer copyright and related rights laws in the country. The pertinent questions that informed the research works are; what is the level of intellectual property awareness among the players in the industry? How effective are the structures for the management of rights in the industry? And; what are the policy options and strategies that can be adopted to checkmate this menace of piracy and harness value for the sector? This is very crucial at this stage of our developmental stage when the currency of the world is all about knowledge and competitiveness. When the rules of the game are respected among the players in the Nollywood sector of the industry, there shall be a comprehensive increase in the value created for the economy. The study therefore forms the basis of policy formulation and strategy development to develop this sector. This will further motivate the players in the sector to actively design mechanism to boost the impact of the industry. 4

5 LITERATURE REVIEW This part focused on both conceptual and theoretical framework analysis of the management of copyright in Nigerian film industry. The historical background of copyright and Nollywood i.e. the film industry in the country were reviewed. The roles of the Nigerian copyright commission were examined with their various initiatives to tackle piracy in the industry. Also, the Nigerian Film Censor Board was equally looked at and their roles in managing right in the industry. Copyright protection in Nigeria Nigeria is a signatory to several international treaties for the protection of copyright and related rights of which content had been incorporated into the local legislation. The copyright related conventions to which Nigeria is signatory include: Universal Copyright Convention (UCC). International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention). Berne Convention for the Protection of Literary and Artistic Works (Berne Convention). Convention Establishing the World Intellectual Property Organization (WIPO Convention). Agreement on Trade Related Aspect of Intellectual Property Rights (TRIPS) within the Framework of GATT. WIPO Performances and Phonograms Treaty. WIPO Copyright Treaty. The last two are called internet treaties as it empowers the country to protect the works on the internet and to use right management system for works. The Nigerian Copyright Commission (NCC) Copyright protection in Nigeria is enshrined in chapter 68 of the Law of Federal Republic of Nigeria 1990 as amended where provision is made for both copyright and related rights. In the analysis of the law it was discovered that the proper provision has been made for the administration of works in the country but not until 1989 that copyright council was established to manage the works in the creative industries. By virtue of the increasing responsibilities of the council, in 1996, the Council was upgraded to the status of a Commission. The Nigerian Copyright Act has subsequently been amended in 1992 and

6 and now incorporated as Copyright Act CAP C28 Laws of the Federation of Nigeria 2004 to cope with increasing national and international responsibilities within the copyright system. At present, the Commission is a Federal Government of Nigeria Agency in the Federal Ministry of Justice responsible for all copyright matters in Nigeria, with an expanded mandate for the administration of copyright; enforcement of copyright; regulation of Copyright-based (CRI) Industries; and promotion of copyright in Nigeria. The duties of the agency are well spelt out in their mandate which involve keeping of databank of works and their respective authors in order to monitor the rights and for the authors to benefit maximally from their sweats. Various initiatives and policies are developed to ensure that the agency live up to the expectation in terms of right administration in the country. One of these initiatives is Strategic Action against piracy (STRAP) which so far has been effective but not enough to tackle the menace of piracy in the country. STRAP was introduced by The Nigerian Copyright Commission as the national anti-piracy campaign for effective protection against piracy and all forms of intellectual property theft in The aims of the initiative are to combat all forms of piracy of music, film, software, books and all other protected works, create a conducive environment for copyright protection for all categories of works, empower local industries, create opportunities for legitimate distribution of protected works and attract foreign investment and through a sustained campaign, to restore the image of Nigeria as a country that upholds the ideals of creativity (NCC websites visited 13th April, 2010). The commission also under the STRAP carries out an enlightenment programme to create the awareness of the copyright and educate the public on the dangers of piracy to the right holders and the economy at large. Likewise, the commission in their enlightenment campaign claimed that they have put in place a means to intensify their efforts to enforce the rights through Copyright Litigation, Assistance and Mediation Programme (CLAMP). Over the years the numbers of copyright cases handled by the commission have not been made public while several raids had been carried out to curb illegal rental clubs operating almost at every corners of the country. The Copyright Video Rental and the Copyright Security Devices Regulations is a cushion to the Commission s enforcement drive. The Regulations introduced to sanitize the activities in the film and music sub- sectors primarily for the benefits of film producers, artistes, musicians and investors to usher in an authorized rental copy for use by video rental operators in the film sub- sector and a security device affixed to genuine works (hologram) in the music sub-sector. These measures promise to protect the economic interest of right 6

7 holders. In order to further enhance the earnings of right owners, the Commission encourages the formation of collecting societies pursuant to Section 32b of the Nigerian Copyright Act. Accordingly, whereas the Performing and Mechanical Rights Society of Nigeria, (PMRS) and more recently, Musical Copyright Society of Nigeria (MCSN) have been approved as collecting societies for musical works, the Reproduction Rights Society of Nigeria (REPRONIG) has been authorized to handle rights in the literary works. Collecting society is an association of copyright owners, which has as its objectives the negotiating, and granting of licenses, collecting and distributing of royalties in respect of copyright works of its members. In addition the Commission through its Monitoring Unit monitors the broadcasts of local television, cable and satellite stations to check the occurrence of infringement of rights in the broadcasting industry. Defaulting broadcasting stations are formally notified to pay royalties to author(s) whose works are used or face the option of prosecution in the law court. Some of the achievements made so far by the agencies are discussed below. From May 2005 to May 2007, STRAP activities resulted in the inspections of plants and outlets for CD, optical disc and video productions and rentals all over the country to verify that they operated within the law. In addition, over 115 operations were carried out against book, music, film, software and broadcast counterfeiters. The outcomes reveals that 373 suspects arrested, 8,346,815 pirated works were seized, 15 new copyright cases brought to court, resulting, so far, in four convictions: two in the Federal High Court of Maiduguri for counterfeiting books and two in Federal High Court of Calabar for broadcast piracy, the public destruction (burning) of seized counterfeit products with an estimated market value of N1,263,000,000 (US$10,710,000) and 15 optical disc plants were brought under regulation through the new Optical Discs Plant Regulation issued in December 2006 (WIPO, 2008). STRAP attributed a huge part of its success to coordinated inter-agency collaboration among enforcement agencies such as the police, customs service, the Standards Organization of Nigeria, the National Food & Drug Administration & Control (NAFDAC) and the Economic & Financial Crimes Commission (EFCC) as well as the industry players. The National Film Video Censors Board The National Film Video Censors Board is the regulatory body set up by Act No.85 of 1993 to regulate films and video industry in Nigeria. The Board is empowered by law to classify all films and videos whether imported or produced locally. It is also the duty of the Board to register all films and video outlets across the country and to keep a register of such registered 7

8 outlets among other functions; to license to a person to exhibit films and video works and premises for the purposes of exhibiting films and video works. The establishment of the Board therefore empowers it to assess, classify and register films and video works and the film outlets across the country and monitor the films and film outlets. It is clear from the mandates of the Board that most of their activities are directed to ensure that films that are released to the circulation meet the standard quality and societal moral standards. The question of right management and collecting societies for the right-owners in the industry are catered for through certifying the rental outlets of the works in the industry and registering the films which are produced from the industry. Having considered the two key organisations that are responsible for the administration of rights in the film industry in Nigeria, it is very important to evaluate and assess their performances over the year in terms of effectiveness and efficiency. At this point, it is important to look at the evolution of film industry in Nigeria (Nollywood). Film Making Full-length motion pictures are marketed, according to a specific schedule, allowing for maximization of profit potential at each level. The first phase is theatrical exhibition, where the experience involves a large screen, amplified sound, and sharing with others. Separate income figures are maintained for this. The next phase is the home video market, where videograms, or, lately, digital versatile disc (DVD) devices are purchased or rented for viewing in the privacy of the home. The next phase is the release in the cable and satellite television markets, a private circuit for which consumers generally pay a subscription fee. This can be initiated by pay-per-view and is followed by general dissemination as part of regular cable or satellite programming. Around this time a niche-marketing effort to specific audiences, such as passengers on planes and boats, occurs. The final phase of the life of an audiovisual production is usually free television. However, the introduction of new technology, such as DVD, can often revive an otherwise dormant asset and produce considerable income revenue by virtue of creating a new market and new consumers for preexisting works. Copyright laws apply expressly to audiovisual or cinematographic works. However, because the costs and number of parties associated with creating audiovisual works are much greater than those for writing a song or a book, special rules have developed as to who is the rightful owner of an audiovisual production. In some countries, it is the producer, that is, the one who produces the financing. In other countries, it is the persons who make contributions to the work, such as the writer of the underlying literary material, the director, 8

9 producer, actors, or photographer. This is why ownership of audiovisual works is a matter of national legislation. The Rome Convention (1961) was the first international instrument to focus upon and grant protection to performers. However, viewed from today's perspective, the instrument contains provisions that do not adequately protect audiovisual performers, as technology and the economy have changed radically since its adoption. In an effort to find consensus as to protection for performers in audiovisual productions, WIPO hosted the Diplomatic Conference on the Protection of Audiovisual Performances from December 7 to 20, The conference came very close to adopting a new instrument, which could have been viewed as a follow-up to the WIPO Performances and Phonograms Treaty (WPPT), which deals only with performers of audio phonograms. However, consensus was lacking, although 19 out of 20 articles of the draft treaty were approved. It is clear from the forgoing that Nigerian film industry of today is a complete defiance of the operations of the world film industries in that films are produced right into the CDs within few weeks of shooting and are made available in the market. In the 70 s, films are shown in the cinemas where most producer or financiers are able to monitor the rights in the works but still film making was a difficult task then in terms of equipment for the shooting. During this period, there was really no forms of piracy activities in the industry unlike we have today. Moreover, the film production in the country can be said to be inadequate as per title released to the market for example, the production of say 12million copies of a popular film for population of over 120milion people may be inadequate and when the demand is far beyond the supply in the market instead of allowing the price to go up, people tend to dub or burn more disks to keep their market. This is exactly the argument of some marketers and distributors. This will now lead us to consider the evolution of Nollywood in Nigeria. The evolution of Nollywood Nollywood is one of the Momentous Developments in the Realm of Popular Culture in Nigeria during the Last Decade Of The 20th Century. Africa s fastest-growing Film Industry, has won unto itself many enthusiasts of Stage Performance, Radio and Television Drama Series and Celluloid Feature Films (Gbemisola, 2007). He stated further that the industry had provided jobs for scriptwriters, distributors, marketers, advertisers, poster-makers, hoteliers, transporters and proprietors of video clubs. Investment in the industry is worth about 650 billions of Naira as it has benefited tremendously from the expansion in the economy and technological break-through in the field of electronics. Chris Obi-Rapu s Living in Bondage, released in 1992, and is widely credited with having sparked the Nollywood revival out of the ashes of the country s moribund feature film 9

10 industry. Other factors contributed to the success of the industry are cheap video format and the bold narration of family melodrama (WIPO, 2005). Nollywood, Nigeria's booming film industry is the world's third largest producer of feature films in 2006 and second largest film industry as at Unlike Hollywood and Bollywood, however, Nollywood movies are made on shoe-string budgets of time and money. An average production takes just 10 days and costs approximately $15,000. Yet in just 13 years, Nollywood has grown from nothing into a $250 million dollar-a-year industry that employs thousands of people. The Nollywood phenomenon was made possible by two main ingredients: Nigerian entrepreneurship and digital technology. Largely ignoring the external cinema world, Nollywood has fuelled an insatiable appetite in Africa s most populous country for home grown films made by Nigerians about Nigerians. The market is expanding as the popularity of the films spreads across Africa, supplying the needs of local television stations and audiences for low-cost entertainment content. In the late 1980's and early 1990's, Lagos and other African cities faced growing epidemics of crime and insecurity. Movie theatres closed as people became reluctant to be out on the streets after dark. Videos for home viewing imported from the West and India were only mildly popular. Nigerians saw an opportunity to fill the void with products of their own. Experts credit the birth of Nollywood to a businessman who needed to unload thousands of blank tapes and to the 1992 video release of Living in Bondage, a movie with a tale of the occult that was an instant and huge-selling success. It wasn't long before other would-be producers jumped on the bandwagon. Currently, some 300 producers churn out movies at an astonishing rate somewhere between 500 and 1,000 a year. Nigerian directors adopt new technologies as soon as they become affordable. Bulky videotape cameras gave way to their digital descendents, which are now being replaced by HD cameras. Editing, music, and other post-production work are done with common computer-based systems. The films go straight to DVD and VCD disks. Thirty new titles are delivered to Nigerian shops and market stalls every week, where an average film sells 50,000 copies. A hit may sell several hundred thousand. Disks sell for two dollars each, making them affordable for most Nigerians and providing astounding returns for the producers. Star actors, often working on several films at once; frequently don't show up when they're supposed to. Location shooting is often delayed by various local impediments but despite all odds, the industry continues to grow. 10

11 Yet Nollywood producers are undeterred. They know they have struck a lucrative and longneglected market - movies that offer audiences characters they can identify with in stories that relate to their everyday lives. Nollywood stars are native Nigerians. Nollywood settings are familiar. Nollywood plots depict situations that people understand and confront daily; romance, comedy, the occult, crooked cops, prostitution, and HIV/AIDS. Nollywood films are proving popular all over English-speaking Africa and have become a staple on M-NET and popular Africa- Magic, the South African based satellite television network. Nigerian stars have become household names from Ghana to Zambia and beyond. The last few years have seen the growing popularity of Nollywood films among African Diasporas in both Europe and America. Performances of Nigerian Copyright commission and National film and video censor Board in Nigeria The copyright industries are adjudged to contribute more to world economies than most other sectors, accounting for eight per cent (8%) of the gross domestic product (GDP) of most countries (Adebambo A, 2009). This is evident in the recent WIPO publication on the study carried out by several countries on the contributions of CBI to economy. It is clear for the study that the roles copyright is playing in the development of national economy is enormous as indicated in the table below; Country Year Contribution to Contribution to GDP (%) employment (%) Philippines Mexico Jamaica Bulgaria Lebanon Singapore Source: WIPO publication on assessment of contributions of CBI to national economy, The studies have really assisted the concerned countries to develop policy towards improving the sector s contributions to national development and track development in the sector. 11

12 Relevant policy issues had been developed in countries like Philippines to strengthen the IP policy and relevant institutional framework to the sector for speedy development. As good as this study is, it is unfortunate that no such study has been carried out in Nigeria to assess the value of copyright based industries but information from various quarters of the economy quantifies the industry to be contributing between US$200milion to US$300milion every year and in terms of employment, provide succour for unemployed youths in the country. The basic question to ponder on here is can we place our plans on guesswork or estimates which has no source? The answer to this question is very important for the country to address in order to move the sector forward and speed up development as well. Research Methodology The area of the study includes Lagos and Ibadan (Some states in the Western Nigeria). Lagos is chosen because the popularity of Nollywood emanates from the place (Surulere) and that most practitioners of the industry are concentrated within Lagos. This research used basically the case study approach to examine the management of copyright in the industry. The first step towards eliciting information from the respondents led to the design of questionnaires and interview guide which was used on the respondent i.e. film producers, distributors and marketer to understudy their awareness of rights in the works and how the right owners benefit from their works. To ensure that needed information was extracted from the respondents, the stakeholders were visited during their working hours so as to actually interact with them on their attitudes to copying the protected works. The pre-test exercise was carried out only to discover that most distributors and sellers in the market were not ready to fill the questionnaires for reasons adduced to security. This helped the questionnaires to be redefined in order to capture the same information in a different way. Basically, questionnaires and interview methods were adopted. One hundred questionnaires were administered on the market operators (producers, marketers and distributors) of the works while the staffs of the NCC in Ibadan were interviewed to elicit information on their performances so far and their various initiatives to ensure that rights are well protected, respected and enforced in the industry. The procedure adopted here involved personal contact while very little calls were made to interview some operators in the industry. Also, several mails were sent to the operators 12

13 address but only one response was received and this prompted the use of personal contact i.e. by hand and research assistance was used especially for the questionnaires administration in Lagos. The data as earlier noted were presented with the use of tables and charts. Results and discussion Age Percent (N=54) less than Above Marital status Percent (N=54) Single 50.0 Married 50.0 Gender Percent(N=54) Male 83.3 Academic status Female 16.7 Source: Field survey, 2010 Percent (N=54) O'Level 51.9 OND/NCE 35.2 Bsc/BA 11.1 Msc/MA 1.9 The table 1 above depicted the background information about the respondents. As shown above, majority of the respondents (74.1%) are between the ages of which shows that the active participation of adults among the workforce in the industry is prominent. This justifies the argument that the industry possesses the potential to generate huge employment for the economy if properly managed. In addition, the age of the respondents goes a long way in addition with the year of experience to determine their awareness of the right in the works they sell and 13

14 at the same time on their level of understanding the initiatives of government in the industry. The highest percentage of the respondents is male (83.3%) while very few are females (16.7%) of which equal proportions are both married and single. This implies that there are more men in the industry than women which gave the industry the current impetus of activities. Moreover, their level of literacy is equally important as several of them hold O Level (51.9%) followed by the holders of National Diploma/National certificate in Education which constituted 35.2% of the respondents. It is noteworthy that majority of those who hold Bsc/BA were within the category of producers and distributors together with the Msc holder. Table 2: Business information Sector Percent (N=54) Manufacturing 18.5 service 14.8 commercial 66.7 Is your business registered? Percent (N=54) Yes 79.6 No 20.4 Source: Field survey, 2010 The information depicted in the table 2 above revealed that majority of the respondents (66.7%) operates within the commercial sector of the industry of which their major business is to sell films on a retail basis and 18.5% of the respondents are actually into manufacturing i.e. they claimed to have the licences to reproduce the disks in case they are out of stock because they registered with the NCC and the NFVCB while only 14.8% are into rental service. Also on the issue of registration of business 79.6 % of the respondent s businesses were registered with NCC, NFVCB and, or MAN. This reveals that the respondents are not just operating but that they have the right to do so in the industry as registration conferred on them the backing of government to operate as long as they satisfy the requirement. 14

15 The information above is very vital to determine the boundary of rights of the operators in the industry and to assess the level of compliance with the rules of the game. For instance, the marketers or distributors are not allowed to rent out the film without proper documentation and relevant payment of royalties but where such is found without requisite payment of the due royalties, it then means that the pirate activities are going on in such enterprises. The table 3 below shows that 11.1% of the respondents agreed that they rent out films to their customers while the percentage of those who pays royalties among them is 35.2% of which other respondents are engaged in piracy activities. Table 3 Do you pay royalties for the rentals? Percent N=6 Yes 35.2 No 64.8 Source: Field survey, 2010 Table 4: Assessment of operators activities Do you burn more disks when you are out of stock? Percent N=54 Yes 44.4 NO 55.6 Do you burn more disks when you are out of stock? Yes NO Distributor 7 8 Marketer Producer 6 5 Total Source: Field survey, 2010 Table 4 above reveals sectoral distribution of those who engage in burning of CDs when they are out of stock. This is another indication that reveals the numbers of legitimate and illegal activities in the industry. Firstly, out of 54 respondents, only 44.4% responded to be engaged in reproduction of works for sale when they are out of stock and this is spread and compare with the sectors where they operate. Majorly, greater proportion of those who carried out these activities is from the marketing sector i.e. those who are authorised to market alone but 15

16 not to produce. This related directly to tell us about the slackness of the regulatory framework in the monitoring of the industry and probably lack of proper awareness on the part of those engage in such activities. Table 5 a-c: Awareness of copyright in the film industry Do you know of the existence of NCC and NFVCB? Percent N=54 Yes 96.3 No 3.7 Do you know of any functional collecting organisation/society in Nigeria? Percent N=54 Yes 35.2 NO 64.8 How can you rate their performance? Percent N=54 very good 9.3 good 25.9 fair 48.1 poor 16.7 Source: Field survey, 2010 This part addresses the level of awareness of copyright among the players in the film industry in Nigeria. 96.3% of the respondents are quite aware of the operations of both the NCC and NFVCB in the industry which invariably gave the operators the opportunity to understand copyright and the rationale for its protection. The remaining 3.7% of the respondents claimed that they are not aware of these organisations simply because their businesses were not registered under them but with Manufacturer Association of Nigeria (MAN). The rating of these regulatory organisations by the respondents was equally of interest to this research work of which it assisted in the evaluation of their activities in the industry. In a succinct point, the organisations perform fairly well on the average as 48.1% of the respondents agreed to this. What informed this was not unconnected with the operations of the NCC in the recent time to wipe out piracy out of the industry through her initiative of STRAP which some of the players argued that it was design to send them out of operation. It was discovered as well during the visit to Idumota that the operators had formed association in which the interests of their members are protected. The market strictly serves 16

17 as watchdog on the films of their members to prevent piracy absolutely from the market. On the contrary, at Alaba international market, the film industry is purely porous in that anything goes as far as piracy is concern. Infact, there are several outlets where films are burn into CD and marketed immediately. Still, there is absolutely no collecting society in the industry just as we have for the music and book publishing in the country. The film industry in Nigeria does not have a collecting society despite the fact that only 35.2% of the respondents claimed to know of the existence of collecting society in the industry a closer look at their view of collecting society make the researcher to make such conclusion. Some take NCC to be the collecting organisation while other mistake video clubs as the collecting society. The figure and the table 6 below give an overview of those who the operators thought to be the collecting society. Figure 1 Table 6 Do you pay royalties? If yes, to whom? Source: Field survey, 2010 Percent (N=54) none 64.8 to the producers 3.7 video club 31.5 Source: Field survey, 2010 The conclusion that there is no collecting society emanated from this table where 64.8% of the respondents do not pay royalties probably because they are not into rentals but funny enough, those who pay really do not understand collecting society and that was why they paid to video clubs and producers. Those who paid to the producers are basically few distributors who had over the years acquired the right to reproduce the works. 17

18 Evaluation of the adequacy of the regulatory framework From the information gathered, the NCC and the NFVCB has not lived up to their expectations. Firstly, the copyright laws of the country give room for the protection of literary and artistic works and for a period of seventy years after the death of the author. The law also establish the NCC with the responsibility of administering copyright in the country of which she has the mandate to put in place right management organisation to ensure that the right holders reap the benefits of their creativities. The law as well mandated NCC to engage in various activities to sensitise the players in the creative industries, of which film industry is one, on the management of rights for the advancement of creativities and socio-economic development. An industry that is characterised with porosity and lack of respect for human creativities cannot be said to have been properly coordinated and managed. Therefore, it is important for the NCC to rise up to the challenge in order to ward off from the industry every activities of piracy. Summary and conclusion The research so far has considered and looked critically at the management of copyright in the creative industry in Nigeria using the Nollywood experience. The film industry in Nigeria is quite flourishing and the major challenges of the industry have been piracy activities which had in fact eaten deep into the fabric of the industry. There is therefore the need to take giant steps to tackle the menace but then a closer study of the operations of actors in the industry need to be undertaken so as to profer accurate solution to that effect. This study had looked at the various regulatory frameworks in the industry and their performances so far had been assessed in which case all hands need to be on deck to ensure continuous survival of the industry. The first challenge that was sighted during the course of this work was the fact that most operators in the industry operate in the informal sector i.e. they were not registered, and that no proper records of their daily activities were made. Only the producers and in fact some distributors can account for accurate information about their business. It is true that majority of the respondents responded that they registered their business but in the real sense of it was not so. Also, the level of copyright awareness in the industry is high but the question has always been to what extents are the rights respected. This touches on enforcement issues and this must be strengthened to ensure that creators are motivated and their investments secure. In 18

19 the same vein, it was sad to see that there is no collecting society in the industry to monitor and collect royalties for the author of the works in the film industry and this is responsible for the various illegal activities of copying, dubbing and burning of films into CDs and DVDs. It is noteworthy that the law allows the administrative organ of copyright (NCC) to establish or certify interested organisation to carry out the roles of collective right management in order to provide incentives for the right owners but to date none has been established. One of the reasons adduced to this was that most actors work on hire and immediately the work is completed, they are settled and the work becomes that of the producers but still not all producers can monitor the use of their works and so I still strongly believe that establishment of right management organisation will solve some of the problems in the industry. In conclusion, it is important for the country to provide adequate measure that will safeguard the interest of the right owners in the film industry. Adequate attention needed to be paid to the recommendations below to move the industry forward and enhance the level of socioeconomic contributions of the industry. Policy Recommendations Every successful economy is driven by well articulated and robust policy. Here, it is important for the country through the NCC to design robust policy that will facilitate the development of the industry in the first instance and ensure that rights are protected, respected and enforced as quickly as possible in order to provide adequate incentives for the creators in the industry. Also, the intervention of right management organisation in the industry is needed as an intermediary between the owners of the works and the users to allow the owners benefit from their creativities. Here, the use of right management information to prevent unauthorised copying of protected works should be allowed in the industry and so far as the country is party to the two internet Treaties. The issue of registration of the operators in the industry is highly essential to the industry, therefore to monitor the operations of the players and to combat piracy, every operator must be mandated to register their business and this should be coupled with an identification number. Identification number will facilitate the monitoring of the operations in the industry. Another important step to be taken is the complete overhaulage of the industry through sensitisation workshop or seminar for the operators. This will rid off illegal activities in the industry. The NCC must ensure that she enforce penalties for non-compliance with regulatory requirements within the industry and there needs to be better coordination between 19

20 NCC and the National Customs Service (NCS), as the nation s gateway police to deter every forms of piracy as a result of international trade. 20

21 References Adebambo A. (2009), Copyright earns Nigeria N1.2tr annually, Comment made on Friday, September 18, Adewopo A. (2009), Framework for Copyright Registration: a Case Study of the Copyright Notification Scheme of the Nigerian Copyright Commission (NCC), A paper submitted by the Director General, Nigerian Copyright Commission to the National Biotechnology Development Agency as part of the Case Study on the System of IP in Nigeria. Alikhan S. and Mashelker R. (2004), Intellectual property and competitive strategies in the 21 st century, Kluwer Law International Berne convention for the protection of literary and artistic work 1883 Burama K. (2005) strengthening local creative industries and developing cultural capacity for poverty alleviation, A paper presented at the sixth annual conference held between November 2005 in Dakar, Senegal. Idris K. (2004), Intellectual Property: A power tools for economic growth WIPO Publication, Geneva, Switzerland No 888 page 190. Guide on Surveying the Economic Contribution of the Copyright-Based Industries, WIPO, 2003 John O.A. (2004), Nigeria copyright law and practice, Nigeria copyright commission (Publication), Abuja, Nigeria. Melville B.N and David N. Nimmer on copyright (New York: Matthew Bender and company, 2000) 2-6; See also Article 2(1) and 2(2) of Berne convention and 9(2) TRIPS Agreement. Sallie A. et al (2007), Flattening ontologies of globalisation: the Nollywood case, March, 2007, Vol.4, No 1, pp WIPO Publication (2002), National studies on the assessment of the economic contribution of Copyright-based industries series to development series Number one. WIPO guide on the survey of economic contribution of copyright-based industries to development. Copyright industries in US economy: The 2000 report (Washington DC international intellectual property alliance, 2000). Nigeria surpasses Hollywood as world's second largest film producer UN, United Nations

22 Retrieved Gbemisola A. (2007), Nollywood and Literary/Performance Studies in Nigerian Universities: A Case for School-to-Street Connection- a Paper for the 5 th Globelics Conference, Saratov, Russia 19 th 23 rd September, 2007 Kamil Idris, Intellectual Property a power tool for economic growth WIPO Publication No 888 page 190. Kamil Idris Intellectual Property a power tool for economic growth WIPO Publication No 888 page 190. Melville B.N and David N. Nimmer on copyright (New York: Matthew Bender and company,2000) 2-6; See also Article 2(1) and 2(2) of Berne convention and 9(2) TRIPS Agreement. WIPO guide on the survey of economic contribution of copyright-based industries to development. Guide on Surveying the Economic Contribution of the Copyright-Based Industries, WIPO, 2003 Copyright industries in US economy: The 2000 report (Washington DC international intellectual property alliance, 2000) National study in assessing the economic contribution of copyright-based industries series Number 1 WIPO (2008), STRAP and CLAMP, Nigeria Copyright Commission in Action, September Edition, Also available at Los Angelis times, June 22, 28, 2000:Ms2 press wire, July 28, See Berne Convention Articles 2(1) and 14bis See Berne Convention Articles 14bis (2) and (3). 22