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Overview Of Media, Entertainment Laws In Nigeria

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Media and entertainment law are concerned with legal services rendered by the entertainment industry. This involves the legal and business issues in the entertainment industry that arise from the application and interpretation of laws relating to matters such as negotiations of contracts, representation of artistes, immigration, protection of intellectual property, finance, corporate, employment, tax, insurance etc.
Media law covers legislations that regulate the media such as TV, music, art, internet etc. However, it is important to state that there is no definite legal frame work on media and entertainments in Nigeria however, there are other laws supplementary to the activities connected to entertainment and media which will be briefly discussed hereunder
Copyright Act Cap C28 LFN, 2004
Copyright is an exclusive right granted to an originator of creative work to use, publish, produce and reproduce the work for a given period. The copyright Act provides for the protection, transfer, infringement, penalty, the remedy of the creative works of authors and artistic works, song writers, music publishers, cinematograph films, photographers and all sound creative in the media and entertainment industry.
This protection grants the creator the exclusive right to control the use of his creative works and prevent unauthorised person from copying, adapting or passing off a creative work as theirs.
Section 1 of the Act provides that the following listed works in the media and entertainment are eligible for copyright
– Literary works.
– Musical works.
– Artistic works.
– Cinematography films.
– Sound recording.
– Broadcast.
National Broadcasting Commission (NBC) Act 1992.
The Act regulates and governs the broadcasting sector such as Radio and Television of the media industry in Nigeria. The Act establishes the National Broadcasting Commission (NBC) in section 1 and empowers the commission to regulate and control the broadcasting industry, among others
It also provides that to operate a radio, sound, Television, cable, satellite station, a license is to be issued and granted by the NBC as empowered by section 9 of the Act.
Trademarks Act 1967
The registration of intellectual property of a trademark seeks to protect a sign, word, mark, logo symbol, pattern or colour that distinguishes one’s brand of goods or services from that of others to make it easily recognisable and relatable to a brand in a commercial market in Nigeria.
A trademark once registered is valid for an initial period of 7 years but is subject to renewal for a subsequent period of 14years from time to time following the provisions of the Act as provided in section 23(1)
Trademark registration is one of the important means of protecting identities of authors and creators in the entertainment industry.
Companies And Allied Matters Act 2020
To commence business operations such as record labels, film production, companies management, etc, in the entertainment industry in Nigeria, one must register a business name, company or partnership with the Corporate Affairs Commission (CAC). The Act establishes the Corporate Affairs Commission which is the government agency established for the purpose of registration and regulation of companies in Nigeria.
The laws that regulate and govern intellectual property in Nigeria form the foundation of the legal frame work for the media and entertainment industry.
The majority of media and entertainment activities are intellectual property related. The media and entertainment industry is one of the fast rising industry in Nigeria which has generated huge revenue for the industry operators and government.

 

By: Jacob Obinna

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Davido Narrates How His Song Became President’s Ringtone

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Nigerian megastar, Davido shares how his father recognised that his music was getting big.
Davido says his hit single ‘Dami Duro’ was the president’s ringtone
During an interview with newsmen, Davido spoke on the early days of his career and how he eventually got his father’s approval to make music.
The Grammy nominee shared the familiar story of how he left school in Atlanta and returned to Nigeria to pursue music without his father’s blessing which later led to his business mogul dad getting him arrested.
“I don’t think he did not want me to do music, he just wanted me to be successful as whatever I did because he got a blueprint for me already,” Davido said on his father’s early reaction to his decision to make music.
“He is so supportive and he checks on everything…My dad picks my album. When I am done, I send him all the tracks and my dad goes through all the records and gives me a paragraph each,” Davido narrates the personal interest and support his Dad gives him.
“My dad gave me the name Davido…The first show I did, he arrested me, the fans, the promoters,” Davido said laughing as he narrated the story of how his father got him arrested after he returned to Nigeria without his consent and had his first show as a 17-year-old. “He just wanted me to finish school,” Davido added about his father’s insistence that he get a university degree.
The three time Grammy nominee was asked when his father recognised that his music was getting big and he revealed it was when his hit song ‘Dami Duro’ was the president’s ringtone.
“When my song was the president’s ringtone,” Davido said.
While he did not mention the president or the country, Davido is likely referring to the exploit of former Nigerian president Goodluck Jonathan who was the head of state between 2010 – 2015.
During the interview, Davido also mentioned his plans as a businessman beyond music. He revealed he had a production house called Coco House which he describes as a media house for creatives. He also added that he intends to get into crypto.

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Funke Akindele’s New Film Premiers, Dec

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Nollywood actress and filmmaker, Funke Akindele has announced that her upcoming film, Everybody Loves Jenifa, a spinoff from the Jenifa franchise will premiere in December.
“Been long you saw Jenifa!!!!”  Akindele said.
While a December premiere is confirmed, details on the film remain unknown. However, the new title, Everybody Loves Jenifa, suggests a potential return to the core elements that have made the franchise popular. With Akindele leading the creative team, viewers can anticipate the return of familiar characters and humorous storylines.
The sitcom, Jenifa’s Diary has been a major Nigerian television show since its debut in 2015. The series centres around the main character played by Akindele, and has featured Folarin “Falz” Falana, Lolo, Juliana Olayode, Lota Chukwu, Paschaline Alex Okoli, and late Aderounmu Adejumoke.
The Tide Entertainment reports that it has also had spin-offs and sequels like Aiyetoro Town (2019), which is set in Jenifa’s village, and Jenifa on Lockdown (2021).
Akindele played Jenifa in the first film in the franchise, Jenifa (2008), a village girl who travelled to the city in pursuit of fortune. Muhydeen S. Ayinde directed the movie.
The movie was nominated for four Africa Movie Academy Awards in 2009 including, Best Original Soundtrack, Best Actress in a Supporting Role, and Best Nigerian Film. For her performance in this movie, Akindele took home the Africa Movie Academy Award for Best Actress in a Leading Role.

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Halliday  Attributes Collaboration Hindrance To Sentiments, Others

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The convener, South South Media Week, Tammmy  Halliday has attributed the lack of unity and collaboration in the PortHarcourt  entertainment industry to sentiments, baggages and trust issues.
He made this known yesterday, during an interview with newsmen in Port Harcourt.
According to him, some things that spur baggages are family background, personal experience with colleagues or other people, saying that when someone has been reaped or used by  any of his colleagues or someone else, he might not want to work with some other persons because of trust issue.
This goes along with baggages, where he now sees his other colleagues as one and same with the one who used him and so this continues to hinder collaborations in the industry.
He advised that as an entertainer you should get better, visible and  exposed as the industry required.
He said  that the key factor that can help collaboration is growth, explaining that growth would make entertainers live beyond baggages, adding that if you are good at what you do, and know what you want and where you are going with it , then you are good to go.
“You can seek an advice from a legal practitioner, professional or a senior colleagues to ensure that you (entertainer) get it right.
It is not a bad idea to serve or work with someone, because you serve to rise in the industry. You have to be well  rooted, but, you should be able to know want you want and where you are going with what you do, this will help you move on, when it is no longer working for you, otherwise, you will remain there and keep complaining and then it gets to that point where you begin to see that person as a reaper,” he said.
Mr Halliday who also do corporate social responsibility award via his platform,  South South Media Week stated that critical communication is important in any situation, with a critical approach,  no doubt you will  always be on the right track.
Speaking on criteria for awarding awards, he maintained that it is on numbers, affiliations, fanbase, followership, association and sales of the person or organisation in question, saying that these also works  for collaboration with an artiste, because they are factors that facilitate growth in the industry.
Categories of award that are  awarded through the platform includes, entrepreneur award of the year, innovation award of the year and others.

Nancy Briggs

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