Relevance of Intellectual Property In The Nigerian Entertainment Industry

Nigeria’s entertainment industry, driven by Nollywood films, Afrobeats, and global streaming platforms, has grown into a multi-billion-naira sector. However, this surge in creativity has also fueled rising disputes over ownership and control, making Intellectual Property (IP) not merely a legal concept but a critical mechanism for safeguarding innovation and sustaining economic growth in the industry.

Definition of Intellectual Property

The World Intellectual Property Organisation (WIPO) defines Intellectual Property (IP) as creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce. 

Intellectual property law is a body of laws that governs aspects such as ownership, registration, protection, licensing, and assignment of IP rights, whilst entertainment industry applies to every aspect of entertainment including cinema, television, radio, theatre, and music e.t.c. . In Nigeria, three main statutes regulate IP law: the Copyright Act 2022, the Patent and Designs Act, and the Trademarks Act.

In Nigeria, Intellectual property plays a significant role in protecting creative works, especially copyright and trademark. Section 2 of the Copyright Act 2022 provides protection for literary, musical, and artistic works, cinematograph films, and sound recordings, while Section 9 grants copyright owners exclusive rights to control reproduction, publication, performance, and adaptation of their works. The copyright law protects the literary work of the author from misuse or use without consent for commercial gain. This was illustrated in Peter Obe v. Grapevine Communications Ltd, where the court held that unauthorized reproduction and publication of Obe’s photograph in a magazine without consent constituted copyright infringement.

Trademarks safeguard brand identity by protecting names, logos, and slogans, in line with the Trademarks Act. This is evident in Oga Sabinus v. Friesland Foods Wamco Nigeria Plc (Peak Milk), where comedian Sabinus sued Peak Milk for trademark infringement over the unauthorized use of his slogan, “Something Hooge.” Such cases highlight IP’s role in preventing exploitation of creative brands and supporting commercial value.

The Relevance of IP in the Entertainment Industry

The relevance of IP in the entertainment industry lies in its ability to prevent misuse of creative works and accelerate business growth. Several judicial decisions have reinforced this role. For instance, in Multichoice Nigeria Ltd v. Musical Copyright Society of Nigeria Ltd/Gte (2020) 13 NWLR (Pt. 1742) 415, the Court of Appeal reiterated that music owners must be compensated for the commercial use of their works. Similarly, in Adeokin Records v. Musical Copyright Society of Nigeria (2008), the court upheld the right of copyright owners to royalties, emphasizing that unauthorized use of intellectual creations is actionable.

Intellectual property law also plays a crucial role in disputes involving copyright, licensing, internet-based issues, trade secrets, and false advertising, reflecting its wider impact on business practices and technological innovation. For example, in Multichoice Nigeria Ltd v. Musical Copyright Society of Nigeria Ltd/Gte (2020), the Court of Appeal addressed complex issues of copyright licensing and royalty obligations arising from digital broadcasting, underscoring IP’s importance in modern entertainment and technology.

Conclusion

In conclusion, the primary purpose of IP law is to encourage creativity by granting individuals and businesses exclusive rights to their intellectual works for a limited period, as provided under Section 19 of the Copyright Act 2022 on the duration of copyright. Furthermore, Section 41(2) prescribes penalties for infringement, including damages and injunctions, to deter unauthorized exploitation of protected works.

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About Author

Ayomide Kalejaiye is a diligent and passionate recent graduate of the Faculty of Law, Olabisi Onabanjo University, Ogun State, with a strong academic foundation and a keen interest in Corporate and Intellectual Property Law