Description
ABSTRACT
Artiste Rights Management in Nigeria – Putting A Label on Competing Claims
Aso Kalu Etea*
The Central Bank of Nigeria (CBN) circular of May 2019 titled ‘Creative Industry Financing Initiative’ (CBN, May 2019) which provided for up to ₦500 million for loans accessible by players in the creative industry, including fashion, movie, music and information technology at interest rates no higher than 9.0% per annum, speaks to the perceived impact of the media and entertainment industry in the Nigerian economy. Records indicate that the creative industry alone accounted for 2.3% of the nation’s GDP in 2016 and above 3% in 2018. The Federal Government of Nigeria Gazette released in November 2018 (further to the Investment Development (Income Tax Relief) Act Cap I7 Laws of the Federation of Nigeria 2004) shows the updated list of companies entitled to enjoy pioneer status incentives as including the media and entertainment sectors, an indication that the media and entertainment industry has become one of the vital sectors in Nigeria. This article seeks to highlight some of the issues besetting the Nigerian media and entertainment industry from the point of view of musical Artistes. The writer examines the critical terms to be negotiated under any management or recording deal, some intellectual property rights available under such contracts, and available recourse when the rights are infringed. Options are also proposed for an improved dispute resolution system for media and Intellectual Property (IP) related cases for a faster evolution of the media and entertainment industry.
Keywords: Artiste Management Rights, Competing Interests, Entertainment Industry, IP Rights, IP Dispute resolution.
* Partner, Calmhill Partners, Lagos, Nigeria. He is the author of the Book – Reaching for Change: A Review of Issues on Nigeria Law and Policies. The author is also a two-time mentor at the Tony Elumelu Foundation Entrepreneurship Program, and with the Lagos State Employment Trust Fund.
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