Two proposed bills aiming to free creative Intellectuals in Nigeria from intellectual property exploitation witnessed a public hearing last week.
The one-day Public Hearing on the two bills; The Bill for an Act to Repeal the Copyright Act CAP C28 2004 and re-enact The Copyright Act 2021 And Other Connected Matters (SB.688) and (SB.769) took place to propose a new law that will protect intellectual property of Nigerians in film, book and works from other creative sectors against exploitation.
According to the Senator representing the Lagos East Senatorial District in the National Assembly, Senator Adetokunbo Abiru, who sponsored one of the critical bills which is a private member bill argued that, “The present Nigerian Copyright Act can no longer keep to the pace of the fast-growing digitization”.
“My motivation for this legislative intervention is the need to address the emerging digital age that has revolutionized the creative economy as production and dissemination of creative works have become more accessible and particularly because of global exploitation of intellectual property beyond national boundaries”.
The Lagos East Senator noted that the current Copyright Act of 1988 has become grossly ineffective in the face of developments in the creative industries such as Nollywood and broadcasting industry, the music industry, the fashion industry, the book publishing industry, the art industry, and Nigeria’s emerging software and Apps industry.
“Many Nigerian businesses have disappeared and many Nigerian creators have died due to the harm caused by piracy and the weak mechanisms offered by the existing legal framework and successive government’s inability to sufficiently protect the Nigerian creative industry’’, Abiru stressed.
He continued, “I am equally elated that the Executive through the Nigerian Copyright Commission, NCC and the copyright community have joined hands with me in my commitment to championing the copyright cause.
“I must congratulate all of us because this is the first time any Copyright Bill has advanced to the public hearing stage at the National Assembly under this democratic dispensation, since 1999. I am particularly delighted to see the enthusiasm of the Leadership and my colleagues in the National Assembly who have cooperated with me to see that my private members Bill SB 688 and the Executive Bill SB 769 were given accelerated hearing in view of their importance.
‘’I have no doubt in my mind that this joint Committee will do justice to the Bills before the distinguished members. We are all in agreement that The Copyright Act is key to the economic transformation of Nigeria. These Bills will enable all the key players in the Copyright industry to achieve their goals”.
Earlier, the Senate President, Ahmad Lawan who was represented by the Senate Deputy Whip, Senator Sabi Abdullahi reiterated the determination of the Senate to put in place a new copyright regime where entertainers will get adequate reward for their labour.
The well-publicized Public Hearing organized by the Joint Senate Committees On Trade And Investment and Judiciary, Human Rights and Legal Matters attracted big names in the creative, movie and entertainment industry including Innocent Idibia (Tuface), Prince Jide Kosoko, Sola Solade, Mahmood Ali-Balogun, Sola Sobowale, Fathia Balogun, Ejike Asiegbu, Francis Duru and Monalisa Chinda among others top entertainment stars.
Renowned experts in intellectual property law, Professor Bankole Sodipo and a former Director General of the Nigerian Copyright Commission, NCC, Mr. Bambo Adewopo, and current NCC DG, Mr John Asien , representatives from the Ministry of Justice were in attendance.
Groups that spoke to submitted memoranda include; Performing Musicians Association of Nigeria, PMAN, Audio Visual Rights Society of Nigeria, Music Publishers Association of Nigeria, Record Labels Association of Nigeria, International Federation of Photographic Industry and Persons living with disabilities among others.
According to Alex Enyengho, a key stakeholder and foremost producer, the public hearing is critical and should consider four major principles central to the development of the creative sector in Nigeria.
Enyengho, a representative of the International Federation of Film Producers Association (FIAF) and the Association of Nollywood Core Producers (ANCOP} at the public hearing posited that there is a need to entrench a new, modernized copyright act that will enable creative contributors and producers of cultural content to protect their right meaningfully
“In October 2017, our government deposited an instrument of accession and ratification to the World Intellectual Property Organization, WIPO Copyright Treaty, we now call on you distinguished senators to make this a legal reality by transposing this important treaty into a new, modernized copyright act that will enable creative contributors and producers of cultural content to protect their right meaningfully across the entire value chain including the increasingly valuable on-demand online business models.
With Nigeria, a party to those treaties, Nigerian film talents and producers will be able to look forward to their exclusive rights receiving the same level of recognition and protection as advanced countries.
The second cardinal principle is that of contractual and commercial freedom. Each one is a unique prototype and it requires a bespoke business plan and marketing strategy. The lack of standardization makes it all the more important for the parties to the making of the film to have the freedom to choose terms of contract, licensing and transfer. This necessary freedom is embodied in the exclusive rights present in all copyright laws. It is essential that a review of our existing law should enshrine this principle”.
Speaking on, Enyengho addressed the issue of consolidation of all rights in the producer. He noted that this is a key principle for film as a collective work involving a range of copyrights and related rights.
“The producer concentrates so that he or she can produce a complete set of titles for distributors and all potential licensees against payment or revenue sharing. Such consolidation allows the unimpeded exploitation of the work upon which all economic welfare of all the creative participant ultimately depends
It is vitally important that a modernized Nigerian copyright act should enable the centralizing of rights in the producer” he added.
He concluded his presentation by calling for a meaningful enforcement of rights while lamenting that piracy and widespread unlicensed consumption of films and TV has been the scourge of the creative industry.
“This phenomenon has severely undermined our efforts at building a sustainable film and TV business in Nigeria.
Copyright legislation can only be robust if it provides creative contributors and producers of cultural artefacts with the legal means to fight for their creations to be able to generate meaningful revenue in the right market place against piracy and illegal uses.
We note with satisfaction that with both bills under consideration today proposed to go further than our existing act and in particular to extend enforcement to online infringement and to provide meaningful remedies” he added.
He consequently urged the National Assembly to take into consideration the drafting suggestion that will be contained in the detailed joint paper that will be presented by the two associations to the committee and the NCC over the next few days.
