Copyright Piracy in Nigeria: Untying the Gordian Knot

Description

ABSTRACT

Copyright Piracy in Nigeria: Untying the Gordian Knot

Geoffrey Adonu*

A cursory look at the Nigerian economy reveals that it is in dire need of diversification from a mono-economy to one that generates revenue from multiple streams. The over-dependence on oil has plunged the economy into recession. The copyright industry has the potential to be a great revenue earner for the country. Statistics show that in 2014, the Motion Pictures, Sound Recording and Music Products sub-sector of the copyright industry contributed about N9 trillion to the economy. Out of that figure, Nollywood, the world’s third largest film producer contributed about N1.72 trillion to the Gross Domestic Product (GDP). These figures reveal that the copyright industry is a cash-cow that can be utilised effectively to boost the economy. However, copyright piracy is a formidable obstacle inhibiting the growth of the sector. Research shows that piracy must be seriously tackled if the copyright industry is to make any meaningful contribution to the Gross Domestic Product (GDP) of Nigeria. Piracy has stunted the growth of the copyright industry. The consequential effects include loss of Foreign Investment in the entertainment sector, discouraging creativity, loss of revenue for authors and the government as well etc. This paper reviews the state of copyright protection in Nigeria, piracy and infringement of copyright works and its impact on the economy, and the various response mechanisms towards tackling piracy which the paper likens to  the proverbial Gordian knot.

INTRODUCTION
According to Zachariah Chaffee, copyright is the Cinderella of law.₁ Like the story of the Cinderella, it has flourished, despite the formidable obstacle it faces in the form of piracy and rights infringement. According to Sodipo,₂ copyright constitutes the source of the fortunes of most of the world’s richest men. For instance, In Nigeria, the likes of Jason Njoku of Iroko Television,₃ Peter and Paul Okoye (P Square),₄ Michael Collins Ajereh (Don Jazzy),₅ to mention a few made their fortunes from copyright.₆ Internationally, the likes of J.K. Rowlings, the author of Harry Potter book series is worth $1 Billion.₇ On the macro level, it is estimated that the entertainment sub-sector of the copyright industry in Nigeria generates about 9 Trillion Naira and has had a tremendous impact in promoting the Nigerian culture and brand internationally.₈ Research has shown that Nigerian films and music are distributed and widely accepted all over the world.₉

* LLB (First Class Honours) Babcock University, B.L (First Class Honours), ACIArb. Associate Counsel, Probitas Partners LLP, Lagos.

1. Zechariah Chafee, Jr., ‘Reflections on the Law of Copyright: 1’ (1945) 45 Columbia Law Review 503-529 at 503, See also Bankole Sodipo, ‘The Oracle, Intellectual Property & Allied Rights, the Knowledge Economy and the Development Agenda’ (Being Inaugural Lecture delivered on 17 November, 2015 at Babcock University, Ilisan Remo).
2. See generally, Bankole Sodipo, ibid 12.
3. Njoku is Africa’s youngest richest man with his Iroko TV worth $30 Million.
4. With an estimated worth of $70 Million Dollars.
5. With estimated worth of $35 Million Dollars
6. See generally ‘Ten young African Millionaires to Watch’  accessed 31 October 2016.
7. <https://www.earnthenecklace.com/j-k-rowling-net-worth-the-first-billionaire-author/> accessed 31 October 2016
8. Sodipo, (n 1) 12-13.
9. Ibid 13.

THE GRAVITAS REVIEW OF BUSINESS & PROPERTY LAW VOL.8 NO.3