Curbing Piracy in Nigerian Entertainment Industry: Prospects and Challenges

Curbing Piracy in Nigerian Entertainment Industry: Prospects and Challenges

Chapter One

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;

To examine the challenges and prospects of the entertainment industry in Nigeria.
To determine the impact of entertainment industry in the growth of Nigerian economy.
To investigate the role of role of Nigerian Copyright Commission in curbing the prevalence of piracy in the entertainment industry.

CHAPTER TWO

REVIEW OF RELATED LITERATURE

Introduction

This chapter was presented under the following sub-headings:

Concept of Copyright Law

Copyright can be defined as the right which an author or creator of original ideas, expressions, words, drawings or works has over everyone for the duration of his life time plus 50 to 100 years. These rights include copying the works, making derivative works, distributing the works and performing the works. These rights of the author commence when a work is created (World Intellectual Property Organization, 2008). This means that whatever the author created cannot be used or published by anyone else without the consent of the author.

Copyright is also defined by Isiakpona(2012), as a set of exclusive rights granted by government for a limited time to protect the particular form, way or manner in which an idea or information is expressed. Copyright may exist in a wide range of creative or artistic form or works which include literary works,movies, musical works, sound recordings, paintings, photographs, software and industrial designs. WIPO (2008) also highlighted different types of content that can be protected by copyright laws such as books, poems, plays, songs, films, and artwork. In modern times, copyright protection has extended to websites and other online content. Copyright laws simply explain the legal protection given to authors against unauthorised copying of their work.

Isiakpona (2012) also describes copyright as a property that may be sold, assigned or licensed for use by any other person who has interest in such work. The main reason for copyright laws is to prevent intellectual theft by diverse information users. The effective protection of the intellectual property of an individual‘s work will dissuade intellectual theft to a minimum level and thus encourage authors to create more excellent works with better standards.

Copyright provides an effective means of protecting original works. It helps to give people credit for the work they create, which is appreciable to all. Whenever you consider copying another person‘s work, think of how it would make you feel if your original work is copied and published by others as theirs. Each time you use another person‘s work, make sure permission is taken first, and always give credit where credit is due. The existence of copyright has helped creators of original works receive credit, and encourage new initiative. Bruwelheide (1995) affirms that copyright exists for three basic reasons: to reward authors for their original works; to encourage availability of the works to the public; and to facilitate access and use of copyrighted works by the public in certain instances.

Intellectual Property Institute (2011) also affirms that Copyright is an exclusive right granted to authors and owners (writers, artists, music composers, etc.) on their creations.

Such creations are usually described as ―works‖. Copyright is granted in the form of a monopoly to authors (writers, artists, music composers, etc.) on their creations.

Fishman (1997) is of the opinion that copyright is a legal device that provides the creator of a work of art or literature, or a work that conveys information or ideas, the right to control how the work is used. Its intent is to advance the progress of knowledge by giving the author of a work an economic incentive to create new works. Economic incentive here implies that the author of the work is motivated to produce more works since he has a lot to gain monetarily and otherwise. WIPOalso agree with fisherman that copyright owners have the right to control the reproduction of their work, including the right to receive payment for that reproduction. An author may grant or sell those rights to others, including publishers or recording companies.

WIPO (2008) stated that copyright is distinct from other forms of creator protection such as Patents, which give inventors exclusive rights over use of their inventions, and Trademarks which are legally protected words or symbols or certain other distinguishing features that represent products or services. Whereas, patent protects the application of an idea, and a trademark protects a device that indicates the provider of particular services or goods, copyright protects the expression of an idea. Copyrights, patents, and trademarks are all example of what is known as intellectual property.

Copyright contributes to human creativity by giving creators incentives including recognition and economic rewards. A creator is assured that his/her works can be disseminated without fear of unauthorized copying or piracy. This in turn helps increase access to the works and enhances the enjoyment of culture, technology, knowledge, and entertainment all over the world (IPI, 2011).

Types of Copyright

There are different types of copyright practised as described by Norton (n.d) which include the following: automatic copyright; poor man‘s copyright; international copyright.

Automatic Copyright:Copyright is automatic when you have made a finished (not published) version of your work. In this, neither publication nor registration is required to secure copyright. If your work is created over a period of time, the part of the work that you consider completed on a particular date legally constitutes the copyrighted work, as of that date. Using the copyright symbol© is no longer required. A personal notice is up to you, as creator of the work,it is enough to write ―copyright‖ followed by the year of your work‘s first publication and your name.
. Poor man’s copyright: when you mail your work to yourself in a sealed envelopeand (which must remain sealed), the envelope‘s postmark constitutes a date of copyright. This is called a poor man‘s copyright. But the U.S copyright office as attested by Norton (n.d) states that this practice is not covered under copyright law and is not considered a substitute for registration.
International copyright: An international copyright (one that automatically protects your work worldwide) does not exist. Protection against unauthorized use depends on individual laws of individual countries although most countries do offer conditional protection to foreign works.

CHAPTER THREE

RESEARCH METHODOLOGY

INTRODUCTION

In this chapter, we described the research procedure for this study. A research methodology is a research process adopted or employed to systematically and scientifically present the results of a study to the research audience viz. a vis, the study beneficiaries.

RESEARCH DESIGN

Research designs are perceived to be an overall strategy adopted by the researcher whereby different components of the study are integrated in a logical manner to effectively address a research problem. In this study, the researcher employed the survey research design. This is due to the nature of the study whereby the opinion and views of people are sampled. According to Singleton & Straits, (2009), Survey research can use quantitative research strategies (e.g., using questionnaires with numerically rated items), qualitative research strategies (e.g., using open-ended questions), or both strategies (i.e., mixed methods). As it is often used to describe and explore human behaviour, surveys are therefore frequently used in social and psychological research.

POPULATION OF THE STUDY

According to Udoyen (2019), a study population is a group of elements or individuals as the case may be, who share similar characteristics. These similar features can include location, gender, age, sex or specific interest. The emphasis on study population is that it constitute of individuals or elements that are homogeneous in description.

This study was carried out to examine the Prospects And Challenges Curbing Piracy In Nigerian Entertainment Industry. The Nigerian Entertainment Industry form the population of the study.

CHAPTER FOUR

DATA PRESENTATION AND ANALYSIS

This chapter presents the analysis of data derived through the questionnaire and key informant interview administered on the respondents in the study area. The analysis and interpretation were derived from the findings of the study. The data analysis depicts the simple frequency and percentage of the respondents as well as interpretation of the information gathered. A total of hundred and twenty (120) questionnaires were administered to respondents of which 100 were returned. The analysis of this study is based on the number returned.

CHAPTER FIVE

SUMMARY, CONCLUSIONS AND RECOMMENDATIONS:

Introduction

This chapter summarizes the findings on the Prospects And Challenges of Curbing Piracy In Nigerian Entertainment Industry, Lagos State as case study. The chapter consists of summary of the study, conclusions, and recommendations.

Summary of the Study

In this study, our focus was on the Prospects And Challenges of Curbing Piracy In Nigerian Entertainment Industry, Lagos State as case study. The study is was specifically focused on examining the challenges and prospect of entertainment industry in Nigeria; To determine the impact of entertainment industry in the growth of Nigerian economy and investigating the role of role of Nigerian Copyright Commission in curbing the prevalence of piracy in the entertainment industry.

The study adopted the survey research design and randomly enrolled participants in the study. A total of 100 responses were validated from the enrolled participants where all respondent are staff of NCC, Lagos State.

Conclusions

With respect to the analysis and the findings of this study, the following conclusions emerged;

In general the larger members of the Nigerian public cannot be convinced that piracy is a crime against the creators, the government and leads to a downward trend in the realization of government objectives.

Therefore the efficient enforcement of copyright laws is a critical element for future development of Nigeria’s creative indus-

tries. Since the establishment of Nigeria copyright commission in 1989, following the implementation of copyright Decree No 47 of 1988, the NCC has been working tirelessly to clamp down on piracy. Campaigns such as the Strategic Action Plan against piracy (STRAP) and the copyright Litigation and Mediation Program (CLAMP), launched in 2005 are testimonies to these efforts

Recommendation

Based on the findings the researcher recommends that;

The NCC should roll out more plans to enforce copyright laws in the country.
It should establish strategic alliances with other development agencies and international organizations such as UNESCO, USAID, World Customs Organization (WCO) etc. to enhance the scope and effectiveness of its anti-piracy operations and awareness drive.

References

Ajidahun,C.O. (1998). Book piracy and Nigerian copyright Law. Library Management, volume 19.No.1. pp.22-25.MCB University Press.
Ayanyemi,O.O. (2007). The copyright System: Nigerian Perspective. A paper presented at the One-day sensitization seminar/ workshop on mastering international Standards and Binliographic Control in Book Publishing Organised by the National Library of Nigeria Oyo state Branch held at the National of Nigeria, Oyo State Branch, opposite court of Appeal, GRA, Ibadan,Iyaganku,29^th March,2007.
Boyle, J. (1996). Shamans, Software and Spleens: Law and the Construction of the Information Society: Harvard University Press; ISBN 0-674-80522-4.
Bruwelheide, J. H.(1995). The Copyright Primer for Librarians and Educators.2^nd ed.; Chicago & London, American Library Association, National Education Association. P 3-5.
Clough, J.( 2010). Principles of Cybercrime. Cambridge, Cambridge University Press. P221. ISBN 978-0-521-72812-6.
Copyright in Historical Perspective (1968). Patterson ,Vanderbilt University Press. P.136137.
Correa, C.M. and Li Xuan(2009). Intellectual Property Enforcement International Perspectives.Edward Elgar Publishing. ISBN 978-1-84844-663-2

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