An Exposition of Entertainment and Media Law in Nigeria: the Role of Legal Practitioners in the Entertainment Industry
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An Exposition Of Entertainment And Media Law In Nigeria: The Role Of Legal Practitioners In The Entertainment Industry Introduction: Over the years, the dynamism of the law has come into play in the emergence of various aspects of the law, which includes but not limited to entertainment law. Entertainment law is indispensable because of the rapid growth and significant progress the media industry has made over the years. Without entertainment and the media, it is hard to enjoy life. This is because many devices and machines that provide entertainment and help the media have been invented. Today we get entertainment from the theatre, cinema, sports, and games. Entertainment is a form of activity that holds the attention and interest of an audience or gives pleasure and delight. It can be an idea or a task, but is more likely to be one of the activities or events that have developed over the years for keeping an audience’s attention. The entertainment industry is a tertiary sector of the Nigerian economy containing large numbers of sub- industries devoted to entertainment such as musical theatre, film, comedy, sports and many others. Nollywood, for instance is reported to be the third largest and fastest growing movie industry in the world, after Hollywood and Bollywood. It is also the second-largest employer in the country, proving its huge socio-economic impact. Through Nollywood movies, Nigerians have been able to influence viewers worldwide. Entertainment law is indispensable because it solves the legal issues that ex- perts who work in the industry are facing. This is because of the laws that cov- er all kinds of television, media, and movies on the internet, publishing, adver- tising and news. Therefore, any person who joins the entertainment and media industry should be familiar with the law that regulates them. Entertainment and the media laws have been fundamental in the growth of the industry. The role of entertainment law, in the regulation and standardization of media industry in Nigeria cannot be exaggerated, the industry has not only contributed to the country’s gross domestic product, it has also played a vital role in re-branding the country’s image overseas. Lagos state is the Africa’s true megacity; its energy, its vibrant lifestyle, and its high concentration of unique artistic talent are becoming increasingly influential abroad. From Johannesburg to London, people are increasingly hungry for the Nigerian Musical sound, meaning the entertainment sector’s potential to change the country’s image and play a key role in the economy can no longer be neglected. Nigeria’s music industry has become an exceptional global phe- nomenon: in London, capital of the second-largest music market in the world, the rise of what many call UK afrobeats or Afro Bashment, a mix of hip hop and African sounds, has revolutionized the music industry across the country. Major British artists of Nigerian or West African roots have helped further ex- pose the Nigerian sound to the world by initiating important collaborations with Nigerian musicians like Wizkid, Davido, Mr Eazi, Burna Boy and Maleek Berry. Afrobeat is putting Nigeria on the global map in a positive light. When you think about Afrobeat, the first country you think of is Nigeria. The coming to promi- nence of afrobeat worldwide is unbelievable. Now more than ever, many Nige- rian songs and artists are being played all over the world. Nigeria’s entertain- ment and media sector is one of the fastest-growing sector in the world be- tween 2017 and 2020. This is in spite of the country’s many challenges, from piracy to a lack of industry structure. One can only imagine the potential socio- economic impact of entertainment if more investment is spurred and the right policies are implemented. Economic Development and the Demand for Leisure have been the determining factor in the development of entertainment and media as an industry. Entertainment has grown as an industry in step because of the increased income and time available for leisure and entertainment. The growth of the entertainment industry has been directly related to the development of a modern economy and rising economic productivity. An important issue in the development of entertainment as an industry is the rising productivity of workers, and in particular, the ways in which technical progress has increased worker productivity. Progress in technology, in addition to creating the demand for entertainment products and services, has also led to the creation of much of the dominant forms of contemporary entertainment Entertainment law involves legal concepts across multiple subject areas, including intellectual property, copyright, contracts, securities law, labour and employment law, corporate law, tax law, immigration, insurance law and other pieces of legislation regulating media of all types such as television, film, music, publishing, advertising, and internet. This article aims to discuss the synergy between the law and entertainment in Nigeria, the role of legal practitioners in the entertainment industry, challenges in the Nigerian entertainment industry, and the way forward. What is Entertainment Law? Entertainment law, also referred to as media law is legal services provided to the entertainment industry. It is the collection of the many areas of law that impact the entertainment industry. Entertainment law is the sum total of several different types of law that are relevant to the entertainment industry including transactional law and litigation. The practice of entertainment law often involves questions and application of labour and employment law, contract law, torts, bankruptcy law, immigration, securities law, security interests, right of privacy, international law, insurance law, finance, litigation and intellectual property law principles to the interactions between players in the entertainment industry. Entertainment law covers legislation regulating media of all types - television, film, music, publishing, advertising, internet, radio, visual arts, cinemas, theatre and news. Entertainment law influences not only the talent that performs in the entertainment industry but also the production aspects of creating entertainment content. Laws Governing Entertainment Industry in Nigeria Entertainment law in Nigeria is not developed but other legislations give force to the entertainment industry. These legislations are generally categorized as intellectual property law that most often, the term ‘Entertainment Law’ is used interchangeably with ‘Intellectual property’. However, intellectual property is just a tiny segment of entertainment law. Despite, the wide scope and the socio-economic benefits associated with the entertainment industry, Nigeria does not have a comprehensive legal framework to cater for this area. Since there is a dearth of legal and regulatory frameworks, resort are made to intellectual property laws. These laws are 1. Copy Rights Act Cap C28 LFN 2004 – The Copy Rights Act provides for the protection, transfer, infringement of, remedy and penalty thereof for copy right in literary works, cinematography films, sound recordings, broadcast and other ancillary matters 2. Patent and Design Act Cap P2 LFN 2004 – The Patent and Design Act makes comprehensive provisions for the registration and regulation of patents and designs. A patent in Nigeria is valid for twenty (20) years from the date the patent application was filed. Where the prescribed annual fee about the patent is not paid within the stipulated time and the fee remains unpaid after the six months grace period given by the commission, the patent shall lapse. 3. Trade Marks Act Cap T13 LFN 2004 – The Trade Marks Act provides for the regulation and protection of brand identity of registered trademarks. A trademark in Nigeria is initially valid for a period of seven (7) years and indefinitely renewable for another fourteen (14) years. 4. Companies and Allied Matters Act Cap C20 LFN 2004 – The Companies and Allied Matters Act established the Corporate Affairs Commission, which is the regulatory body saddled with the responsibility of company incorporation, incorporated trustees and registration of business names and other activities stipulated by the Act. This law mostly governs the business activities of the entertainment industry. Artist in the entertainment are often signed under a record label, production, promotion or management entities and these entities are usually companies incorporated and clothed with legal personality and are bound by the provisions of the Companies and Allied Matters Act ranging from capacity to form a company, filing of returns and other required compliance. 5. Companies Income Tax Act Cap C21 LFN 2004 – The Company Income Tax Act governs the administration of company income tax, which is applicable to companies. The Act makes provision for the current tax rate payable by a company in Nigeria. This tax is payable on profit accruing in, derived from or brought into or received in Nigeria. Companies in entertainment industry such as record labels, filmmakers etc are incorporated companies and therefore eligible to pay companies income tax and non-payment of same attracts a penalty. 6. Personal Income Tax Act Cap P8 LFN 2004 – The Personal Income Tax Act governs the administration of personal income tax. It imposes income tax on every player in the entertainment industry. Every player in the entertainment industry whether an artist, an author, an inventor of a work is eligible to pay his or her personal income tax and failure to do attracts a penalty. Categories of Entertainment and Issues affecting them Entertainment Industry is any business that generates value by providing people with something interesting to do or watch. The term is associated with vibrant and thrilling experiences that are packaged for mass consumption. Entertainment law covers different areas of the entertainment industry, which have their own specific policies, rules and regulations, agreements and others. Entertainment law covers an area of which encompasses all of the legal problems and issues most commonly faced by entertainers. Some of these problems and issues as they relate to specific industries are; 1.