Resource Control has become an important political and economic lexicon
in modern geo political realities. In the emerging economies of the world, most
especially in Africa, resource control has accounted for numerous armed
conflicts, political instability, and economic stagnation.
Resources in emerging economies like Nigeria are primarily ascribed to
natural & physical properties like oil and gas, agricultural products, gold,
diamond and like products that are discoverable fro under the bowels of the
earth.
The attraction to tangible properties like oil, commonly called the “black
gold” in Nigeria has resulted in the neglect of other resources which could
compete, if not out-rank oil in terms of wealth generation. Intellectual
property rights are resources that Nigerians have neglected or unaware of as a
property. It is an intangible property that has generated economic growth and
wealth in counties like United States, India, Japan, France and United Kingdom.
In the United States, Hollywood has contributed immensely to the nation’s
GDP. In India, Bollywood has contributed greatly to the nations economy. It is
the strength of its intellectual property regime that has propel these
entertainment capitals of the world to become economic and cultural model, that
most of the world desire to emulate. The copyrights, patent, trademark &
publicity rights policies of these countries have been a motivating factor for
the economic growth of their entertainment industry.
Nollywood, the Nigerian movies and entertainment industry has been
reported by the United Nations to be the fastest growing entertainment
industry. It is also second to Hollywood in terms of growth and
productivity. In its 2009 report UNESCO, declared that the Nigerian Film
Industry is a global leader in the number of movies produced each year.
Nollywood is estimated by some industry analysts to be a $250 million dollar
per year industry. However, there are no structures and evidence on ground in
Nollywood to collaborate the quality and capacity of Nollywood. The Nollywood’s
DVD movies are seen in grocery stores all around United States, South Africa, London
and unimaginable places in the World. Nollywood’s artist images are seen in
commercial media used for events promotion and product endorsement. How
much these artist get from proceeds of the usage, sales and advertisement of
their images may not be comparable to what is the practice in Hollywood
and other entertainment industries.
The scourge of piracy and infringement of intellectual property rights
(used here in a generic sense) of works of Nollywood should be a source of
national economic concern and outrage. There is a consensus on the abundance of
creative artistic talents in Nollywood. Why can’t we develop the industry to
compete and generate income commensurate with what obtains in other
global entertainment industries. Nollywood can be a significant economic
diversifier, if its cultural and creative capacities are fundamentally
developed. It will contribute significantly to the nation’s
GDP.
The abundant creative talents in the peoples of Niger Delta, Arewa, Odua
and Ndigbo can be tapped positively for the economic benefit of the individual
and corporate society. Imagine, if the kidnapping “business men”, realize that
the entertainment industry generates more income and revenue than oil. There
may be less tension in the political landscape because the economic space would
be enlarged and democratized. The political space may be saved from people
whose main interest is to partake in sharing of the “oil money”. These barons
may be persuaded to invest their interest in entertainment business. May
be it sounds academic, but the point is that there will be other lucrative
legitimate avenues that our productive energies can be directed.
Our concern as a nation should be the rejuvenation of our
entertainment and cultural industry. The entertainment and cultural industry, particularly
the movie/film sector must seduce foreign and national private investors
.The pedestrian level of Nollywood does not promote investment opportunities.
The lack of effective and efficient structures and policies negates investors’
economic interest. The lack of protective policies for intellectual property
right does not encourage an investor to take the risk of investing in
Nollywood.
A well developed intellectual property regime can elevate intangible
assets like intellectual property rights as a collateral for credit facilities.
Young and potential Nollywood rights’ owners who have ideas that need to be
brought to life creatively but lack the financial capacity, can approach a
financial body for project financing. The financial system must have
confidence in the knowledge economy. Knowledge economy, which is the genre of
intangible assets that intellectual property rights represent can produce returns
on investment. This could be achieved by a deliberate developed risk management
system for intellectual properties. Technical Protection Measures, specialized
computation standards by the Securities and Exchange Commission are a few
ways that intellectual property rights can be valuable assets.
The digital age in which the entertainment industry operate makes
infringement and stealing of intellectual property cheap and easy. An
investor must be assured that her investment will be protected in the age where
it is easy with a click of the keyboard billions of dollars can be
lost.
The government of Nigeria must step in consciously and join other
nations who have adapted their intellectual property regimes to current
practices. Although, it is not the government that should take a lead in
investing in Nollywood. It is the private sector that must take the lead. The
role of government must be limited to regulatory ,policy and infrastructural
development. Provision of secured environment, encouraging tax rebates,
amendment of current Intellectual Property laws.
The Copyright Act must be updated and amended to conform with current
global practices. The global entertainment industry that Nollywood belongs
operates in various digital platforms. The Nigerian Copyright Act in its
present form is out dated and obsolete. There is no provision made to protect
copyrights of Nollywood practitioners in the digital platforms. The
infringement of their copyrights and other IP rights are mostly going to be
carried out on these platforms. The DVDs, the internets, the smart phones and
other electronic devices are where the current and next frontiers of IP
protection resides. Nollywood is left behind because her works may not be
protected. The digital age and intellectual property interface have been
recognized by the United Nations. This led to the implementation of the
WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty. Technical
protection measures have been recognized by nations that acceded to these
treaties as a form of protecting the copyrights of their nationals. These
nations have included this new genre of intellectual property rights in their national
laws. The Digital Millennium Copyright Act is the United States response to
dealing with the digital age. Infringers of copyright and circumventers of
technical protection measures in copyright are held accountable. We do not have
these tools in Nigeria. This is a serious set back in our effort to be
innovative and creative.
Nigeria should accede to WIPO Copyright Treaty and other international
instruments so as to avail the tools exiting globally in protecting and
enforcement intellectual property rights of Nollywood. It would be easy to
enforce the intellectual property rights of Nollywood practitioners in other
parts of the world if those rights are infringed . The reciprocity obligations
of members Nations to these international treaties make it easier for the right
of a non national to be enforced in a foreign land.
Another multiplier effect of Nollywood, would be the emergence of an
innovative software industry in Nigeria. Software is the engine of the digital
platforms. It is software that runs the digital platforms in which modern
entertainment activities are delivered and distributed. The movies and music
industries distributed and delivered in the internet, the smart phones, computer
networks, DVD,CDs, and other electronic devices are based on innovative
softwares. The Nigerian software creators should collaborate with Nollywood
rights’ owners through efficient licensing vehicles to create software for the
indigenous entertainment industry. The allied industry that would come out of
this synergy will be an economic boost to the individual rights’ owners and the
corporate national interest.
In the United States Article 1 Section 8 of the United States
Constitution makes copyright and patent a guaranteed right to her
citizen.Nollywood rights’ owners must be guaranteed similar protected rights in
the Nigerian Constitution. The technological and innovative advancement of the
United States is attributed to the constitutional protection granted to
intellectual property rights. This is the time for Nollywood and
intellectual property to be regarded as a national economic asset.
Nigeria’s desire to compete and excel in global innovation, creativity
and technology may depend on it.The new frontier of emerging economic power is
in the innovations. Afterall, oil does not possess the exclusive patronage for
control as a resource. Nollywood can control its resources too.
By Samuel Andrews, LL.M
TeiSResources
(Protecting
Innovations & promoting creativity)
Atlanta GA.
USA.
Source: Sahara Reporters
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