1.1 Background to the Study
Copyright is an intangible, incorporeal property, which guarantees the owner the exclusive right to deal with his/her work within a stipulated time as provided under the law. Copyright and related rights are today perceived as instruments for development, as well as providing a secured and stable environment for creative activities. The creative industry which encompasses all intellectual productions has contributed in no small measure to economic growth and development of creators in the world in general and Nigeria in particular. Surprisingly, the owners of this intellectual creativity are robbed of their rights by pirates who reap where they have not sown. Piracy is a great challenge to creative industry worldwide and Nigeria in particular. It may be said to be a cankerworm in the growth and development of intellectualism, more deadly than AIDS to human health, and the perpetrators, terrorists.
However, the contributions of the entertainment industry, particularly in copyright issues to socioeconomic development has been due to efficient management system. In Nigeria today, this management is carried out by the Nigerian Copyright Commission (NCC). This commission administers copyright issues. Its administration and the output of the creative industry has been frustrated by the effect of copyright piracy which discourages creativity. In reaction to this menace the NCC fights against piracy. However, this fight is met with numerous problems, such as poor funding, security, corruption, poor enforcement mechanism, poor knowledge of information and communication technology (ICT) and so on.
Piracy is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The Oxford Advanced Learner’s Dictionary (2000) defines piracy as the act of making illegal copies of video tapes, computer programmes, books etc in order to sell them. The activities of pirates are to produce inferior copies at lower prices since they do not invest in the preparation; pay taxes either to government or royalties to authors. Such copies are hardly sold/distributed by reputable marketers, instead they are hawked by the roadside or in kiosks, and on the streets. The users also contribute to the problem; they prefer cheap prices to original standard/controlled prices since they contain the same contents. Piracy has reduced in no small measure the profit of both the author and publisher by negative influence on their copyright that shows legal power on their work.
The word ‘Pirate’ was used to describe a person or people on ship who attacked and robbed other ship, inflicting devastating attack on them by stealing from them and perhaps kill them. So also book pirate do the same on authors, publishers and booksellers, robbing them of their labour. This is otherwise known as theft of intellectual properties. They are faceless, fraudulent people with ways of avoiding the rot of law curbing the act.
Copyright covers areas like books, music, films, painting, sculpture, computer programme, database, advertisement, maps etc. The copyright law gives maximum protection to the works of Nigeria, creators like writers, publishers, artist, musicians, filmmakers and the likes. This law provides that anyone with his/her name written on a work is presumed to be the owner of such work unless contrarily proven. This is under Nigeria copyright Act 2002 (section 35 c). Copyright law on a work is limited through unauthorized publication, sales/distribution, lease or display and broadcast (Nigeria copyright Act 2002 section 14).
The Nigeria Copyright Commission came to being as a form of measure to combat piracy, section 34 of the 1988 copyright Act created the Nigeria Copyright Commission. This commission came to existence on 19th August, 1989 as the Nigeria Copyright council. On 19th April, 1996, it metamorphosed into the Nigeria Copyright Commission (NCC), with permanent administrative and operational status of a commission. Presently, the commission remains a body corporate with perpetual succession and a common seal. It may sue and be sued in its corporate name.
Copyright administration tends to be a guiding angel for the publishers, it is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. The authority on published information materials/books lies solely on copyright; it gives absolute power on the original owner of the work. It is also known as author’s right over their literary and artistic works.
Pirated copies of movies strive in the streets as a result of high cost of valuable/original books, that becomes unaffordable and scarce especially where the demand for such copies are very high. It is a very serious crime punishable under the Nigeria Copyright Law by imprisonment for five years or a fine of N1000 for every copy of all illegal reproduced work or both. This act is threatening Nigeria entertainment industry given estimate of over millions of naira is loss by book industry to pirates. According to Aikomu (former Nigeria vice president in 1989) Piracy inhibits creation and is consequently detrimental to the attainment of social goals in the field of education, research and cultural promotion.
Piracy is a major problem facing nollywood and music industry in Nigeria today; this problem has really resulted greatly in the woes of entertainment industry in the country. Entertainment industry not only faced piracy problem but also economic problems that now characterized movie and music productions in Nigeria such problems as poor finance, poor profit margins, lack of financial support due to inflation, unstable economic policies, non availability of technological equipment and quality materials.
1.2 Statement of the Problem
The activities of pirates, which include illegal copying of version of books, illegal reproduction, black market forces etc., have adversely affected productions of music and video by entertainers and has greatly reduced the profit they make annually. The situation is worst in Nigeria and developing countries today because of factors like illiteracy and poverty, buying original copies of any published work is so expensive, that even wealthy people go for pirated works. All these have made piracy to thrive in the country.
The questions to ask then are, what measures are put in place to curb the activities of pirates, is the commission saddled with the duties of administering copyright law. If there were any, what have they done or doing to forestall these acts, how do the owners of copyright work enjoy the benefits and gains of their works, what is the situation in Nigeria etc. These and many more have prompted the study to examine curbing piracy in Nigerian entertainment industry: prospects and challenges.
1.3 Objectives of the Study
The main objective of the study is to ascertain the challenges and prospects of the Nigeria entertainment industry, but for the successful completion of the study, the researcher intends to achieve the following specific objectives;
i) To examine the challenges and prospect of entertainment industry in Nigeria.
ii) To determine the impact of entertainment industry in the growth of Nigerian economy.
iii) To investigate the role of role of Nigerian Copyright Commission in curbing the prevalence of piracy in the entertainment industry.
1.4 Research Questions
The following are some of the questions which this study intends to answer:
i) What are the challenges and prospect of entertainment industry in Nigeria?
ii) What is the impact of entertainment industry in the growth of Nigerian economy?
iii) What is the role of Nigerian Copyright Commissionin in curbing the prevalence of piracy in the entertainment industry?
1.5 Research Hypotheses
The following will be the research hypotheses to be tested for this study:
i) There is no significant correlation between entertainment industry and economic growth of Nigeria.
ii) There is no significant influence of Nigerian Copyright Commissionin on piracy in Nigeria.
1.6 Significance of the Study
At the completion of the study, it is believed that the findings will be of great importance to the Nigeria music, movie and video census board who are in charge of regulating the activity of the industry, as the study will help them to understand the role the industry play in selling Nigeria heritage in the global seen. It is also believed that the study will be beneficial to the federal ministry of culture and tourism as the study highlight the importance of the movie industry in marketing the cultural values and heritage of the country. The study will also be beneficial to researchers who intend to embark on study in similar topic as the study will serve as a guide to their study. Finally, the study will be beneficial to academia’s students and the general public.
1.7 Scope of the Study
The scope of the study covers the challenges and prospect of the Nigeria’s entertainment industry.
1. 8 Limitations of the Study
In the cause of the study, the researcher encounters some constrain to the scope of the study;
(a) Availability of research material: The research material available to the researcher is insufficient, thereby limiting the study.
(b) Time: The time frame allocated to the study does not enhance wider coverage as the researcher has to combine other academic activities and examinations with the study.
(c) Finance: The finance available for the research work does not allow for wider coverage as resources are very limited as the researcher has other academic bills to cover.
1.9 Definition of Terms
The following operational words were used in this study;
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 thousands of years specifically for the purpose of keeping an audience’s attention.
Nollywood: the cinema of Nigeria, often referred to informally as Nollywood, consists of films produced in Nigeria; its history dates back to as early as the late 19th century and into the colonial era in the early 20th century. The history and development of the Nigerian motion picture industry is sometimes generally classified in four main eras: the Colonial era, Golden Age, Video film era and the emerging New Nigerian cinema.