The entertainment industry just like any other commercial industry concerns with transactions and sale of products and services. The end goal of the interaction between producers and consumers in the industry is to create a competitive market of economic value, the process of which often stir up harmful commercial activities and the escape of harmful products into the market. Hence, there is usually a need to regulate commercial activities and protect public consumers and other stakeholders in the industry. This is largely done by evoking legal measures and various instruments of law to restrict excesses and ensure that activities in the industry are within the confines of law and not against public safety.
The
burden of regulating entertainment activities in Nigeria is borne by
established official bodies and other recognized professional groups. Thus, the
regulation of the entertainment industry is not a monopolized obligation on the
shoulders of government institutions but extends to several other recognized
groups and collective societies with the aim of protecting the interests of
their members. Hence, there are official regulatory bodies and the professional
regulatory bodies. The regulatory bodies in the entertainment industry are
numerous and only a few are examined thus:
A.
Official
Regulatory Bodies
These
are government institutions which are either a creation of statutes or
subsidiary laws. These bodies generally ensure compliance with the relevant
entertainment laws and regulations. These bodies also have statutory
obligations and are conferred with certain powers, particularly, power to make
rules and regulations for the industry and administer the various laws and
regulations. These bodies include:
i.
Nigerian
Copyright Commission (NCC)
Section
34 of the Copyrights Act[1]
establishes the Nigerian Copyright Commission as the administrative body
responsible for all matters affecting copyright in Nigeria according to the
Act. Although a brief historical evaluation of the evolution of the Nigerian
Copyright Commission reveals that the Nigerian Copyright Commission was
previously established and known as the Nigerian Copyright Council. Although,
the Nigerian Copyright Act which first established the Nigerian Copyright
Council was passed in 1988, it was not until August 1989 that the Nigerian
Copyright Council was formally established and set up and in 1996 government
approved that it be changed to the Nigerian Copyright Commission. The 1999
Amendment to the Copyright Act gave legislative effect to the government’s
earlier approval to change the Nigerian Copyright Council to the Nigerian
Copyright Commission. The Nigerian Copyright Council has it then was, was only
saddled with copyright administrative responsibilities but with the amendments
to the Act and its conversion to the Nigerian Copyright Commission, its mandate
was extended to cover enforcement and it became a full-fledged administrative
and enforcement agency with perpetual succession.[2]
The
NCC is entrusted with the duty to monitor, enlighten, supervise and be
responsible for all copyright matters and related matters in Nigeria. NCC plays
advisory functions to the government on Nigeria’s position in respect of
international conventions and it regulates the conditions for entering into
bilateral or multilateral agreements between Nigeria and other countries.
The
Act further confers on NCC powers to constitute a Copyright Licensing Panel for
the purpose of granting compulsory licenses[3]
and to appoint Copyright Inspectors who acts as the Police for investigating
and prosecution of cases of copyright infringement.[4]
The
regulatory functions of the NCC in the entertainment industry is appreciable in
many respect. For instance, the Federal Competition and Consumer Protection Act
which applies to all undertakings and commercial activities in Nigeria
prohibits monopoly situation which hampers competition and abuse of dominant
position in an industry and this abuse includes where an undertaking refuses to
give a competitor, access to an essential facility when it is economically
feasible to do so. Ordinarily, the grant of exclusive rights by the Copyrights
Act may run fowl of the foregoing provisions of FCCPA, however, the power of
the NCC to constitute Copyright Licensing Panel in order to ensure compulsory
license of copyrighted works helps to prevent such abuse of dominant position
or monopoly.
Further,
pursuant to its function to maintain an effective data bank on authors and
their works,[5]
the NCC adopted an electronic recordation system with the launch of Nigeria
Copyright e-Registration System in 2014 a platform for creators of copyright
works or persons who have acquired rights in these works to register the work
online with the Nigerian Copyright Commission.
Although
copyright in a work exists automatically when an original work is created,
subsequent registration of the work under the NCeRS serves as evidence that the
work is protected by copyright; and facilitates recording and proof of the
possible date of creation of the work and other facts stated in the application
form for registration. A copy of the work and facts relating to the
creation and ownership of the work, disclosed in the application will form part
of the database of the Nigerian Copyright Commission which is mandated to be
kept under the Copyright Act.[6]
ii.
National
Broadcasting Commission(NBC)
The
Nigerian National Broadcasting Commission (NBC) is the primary regulatory body
for the broadcasting industry in Nigeria. It was established by the Nigerian
Broadcasting Commission Act[7]
and is responsible for issuing licenses to broadcasters, regulating the content
of broadcasts, and promoting fair competition in the industry. The Commission is
tasked with accepting, processing, and evaluating applications for the
establishment, ownership, and operation of radio and TV stations, including
cable television services, direct satellite broadcasts, and any other form of
broadcasting; radio and TV stations owned, established, or operated by the
federal, state, and local governments; and stations run under private
ownership.
The
NBC has the authority to impose fines, revoke licenses, and take other
disciplinary actions against broadcasters who violate the terms of their
licenses or fail to adhere to the standards set by the Commission. The NBC is
also responsible for promoting the development of the Nigerian broadcast
industry and for fostering a diverse and pluralistic media environment.
The
Commission routinely uses scientific research methods in its advisory role to
the Federal Government to collect data, analyze trends in line with the
industry's dynamism, and provide government with pertinent advice.
The
Nigeria Broadcasting Commission has, pursuant to its powers under the Act
issued the Nigeria Broadcasting Code which is the regulation for broadcasters
to ensure broadcasting is made according to the social, cultural,
technological, economic and political objectives and development of Nigeria.
iii.
National
Films and Video Censors Board (NFVCB)
The National Film and Video Censors Board Act[8] established
the National Film & Video Censor's Board as the regulatory authority to
oversee the Nigerian film and video sector of the entertainment industry. The
Board has the authority to categorize all movies and videos, whether they were
made locally or imported. The Board is responsible for, among other things,
registering all movie theaters and video stores across the nation and
maintaining a list of these registered stores. In order to effectively
implement policy, it is also the responsibility of the Board to communicate
with pertinent guilds and associations in the film industry.
Section
65 of the National Film and Video Censors Board Act empowers the NFVCB to make
regulations for the purpose of giving effect to the provisions of the Act. Pursuant
to the foregoing, the NFVCB made the National Film and Video Censors Board
Regulation 2008 which contain the procedures for the registration, censorship
classification and approval of film or video works by the NFVCB.
iv.
Nigerian
Film Corporation
The
Nigerian Film Corporation was established by the Nigerian Film Corporation Act
1979 with the responsibility of developing the film industry in Nigeria and to
produce films both for domestic consumption and for export and to encourage
local talents by way of training, financial support and other related matters.
The
Nigerian Fil Corporation serves little less as a regulatory body rather more as
a promoter of the film sector of the entertainment industry.
v.
The
Federal High Court
The
Federal High Court is established by Section 249 of the 1999 Constitution of
the Federal Republic of Nigeria. The Constitution confers on the Federal High
Court, the exclusive jurisdiction to hear and determine matters relating to copyrights,
patents, trademarks, industrial designs, passing off inter alia.
vi.
Federal
Competition and Consumer Protection Commission (FCCPC)
The
FCCPC is an establishment of the Federal Competition and Consumer Protection
Act[9]
which is the primary legislation that regulates competition in Nigeria. The Act
seeks to encourage free and open markets and also provide fair and equal
competitive opportunities to all markets and economic sectors in Nigeria.
The
FCCPC is a multisector regulator with regulatory jurisdiction over competitive
practices in all the economic sectors. It has the mandate to prohibit
restrictive or unfair business practices which prevent, restrict or distort
competition or which constitute an abuse of dominant position or market power
in Nigeria. Notably, by the provision of Section 76 of the Act, the FCCPC is
empowered to cause an investigation to be held into a particular sector of the
economy or into a particular type of agreements across various sectors, where
it appears to the commission that there are grounds for believing that a
monopoly situation exists in relation to the production or distribution of
goods and services of any description in Nigeria.
The
provisions of the FCCPA and the powers of the FCCPC extends to all undertakings
and all commercial activities within or having its effect within Nigeria.[10]
Thus, by the foregoing, the FCCPC is conferred with the power to investigate
any a anti-competition practices in the entertainment industry. The FCCPA deems
other sector regulators as having concurrent jurisdiction with the FCCPA,
however, the FCCPC will take precedence over other sector regulators in anti-competition
matters.[11]
vii. Advertising Regulatory Council
of Nigeria (ARCON)
ARCON
is an offset of the Advertising Practitioners Council of Nigeria which was
restructured to birth ARCON by the Advertising Regulatory Council of Nigeria
Act, 2022 ARCON Act. ARCON regulates and controls advertising, advertisements
and marketing communications in all its aspects and ramifications directed at
or exposed to the Nigerian market. ARCON is empowered to issue regulations for
the purpose of achieving its functions under the Act.
The
significance of advertisement in the entertainment industry cannot be
overstated, from digital advertisement of films and music products to hand
bills and billboards for cinemas and concerts. Hence, the ARCON holds an
important regulatory role in the Nigerian entertainment industry.
Pursuant to the powers of ARCON to issue regulations, in the year 2022, ARCON issued a public notice advising that all brand owners, digital agencies, secondary digital media space owners (i.e bloggers, vloggers, influencers, skitmakers e.t.c.) and other advertising stakeholders in the digital media space should obtain pre-exposure approval of all advertisements, advertising and marketing communications or face sanctions.
B.
Professional
Bodies
The
professional regulatory bodies in the entertainment industry exist more as
pressure groups seeking to promote the interests of their respective members
and the sector which they represent. These bodies have regulations and codes
which bind their members. Some of these bodies enjoy official recognition. For
instance, the Collecting Society of Nigeria (COSON) is recognized by NCC as a
collecting society which aims at retrieving royalties of artistes-members
across the globe. It is important that professionals in the industry become
members of the relevant organizations and bodies in order to stay up to date
with industry developments and standards. There are numerous professional
bodies that regulate activities in the entertainment industry. The following
listed are inexhaustive.
i.
Collecting Society of Nigeria (COSON)
ii.
Musical Copyright Society of Nigeria (MCSN)
iii.
Actors’ Guild of Nigeria (AGN)
iv.
Directors’ Guild of Nigeria
v.
Screenwriters Guild of Nigeria
vi.
Nigerian Society of Cinematographers
vii.
Creative Designers’ Guild of Nigeria
viii.
Association of Nigerian Theatre
Practitioners
ix.
Motion Picture Association of Nigeria (MPAN)
x.
Performing Musicians’ Association of
Nigeria (PMAN)
[1]
Cap C28 LFN 2004
[2]Kunle Ola,
Evolution and Future Trends of Copyright
in Nigeria, https://lawexplores.com/evolution-and-future-trends-of-copyright-in-nigeria/#Fn55 accessed on the 2nd January,
2023
[3]
Section 37 Copyrights Act.
[4]
Section 38 Copyrights Act.
[5]
Section 34(3)(e) Copyrights Act.
[6]
About NCeRS, http://www.eregistration.copyright.gov.ng/ncc/about
accessed on 2nd January, 2023
[7] Cap
N11, Laws of the Federation of Nigeria (2004)
[8]
Cap N40 LFN 2004
[9]
Cap 124 LFN 2004
[10]
Section 2 FCCPA.
[11]
Section 105 FCCPA.
