Abstract
Nwadigwe investigates the impacts of globalization and new technologies on the culture industry in Nigeria. Focusing on piracy and the Nigerian video-film industry (Nollywood), the chapter examines the efforts by Nigerian regulatory agencies to combat the menace in the era of digital technologies. While discussing the political snags that impinge on the business potentials of the creative industry, Nwadigwe finds that the application of digital technology presents a paradox for video-film producers by lowering production costs while liberalizing access to films which pirates often exploit. The chapter concludes that the politicization of anti-piracy drives results in a lack of political will by the authorities to technologically update the copyright laws and enforcement mechanisms. Finally, Nwadigwe illustrates that the digital interface can arrest the trend of piracy if properly applied.
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Notes
- 1.
David Throsby, The Economics of Cultural Policy (Cambridge: Cambridge University Publishers, 2010), 157.
- 2.
Jyoti Mistry and Jordache Ellapen, “Nollywood’s Transportability: The Politics and Economics of Video Films as Cultural Products ,” in Global Nollywood: The Transnational Dimensions of an African Video Film Industry, eds. Matthias Krings and Onookome Okome (Bloomington: Indiana University Press, 2013), 46–69.
- 3.
Matthias Krings and Onookome Okome, “Nollywood and its Diaspora: An Introduction,” in Global Nollywood: The Transnational Dimensions of an African Video Film Industry, eds. Matthias Krings and Onookome Okome (Bloomington: Indiana University Press, 2013), 1–22.
- 4.
Denis Freitas, “Piracy of Intellectual Property and the Measures Needed to Counter it,” in Copyright Bulletin, eds. E. Guerassimov and N. Paudras (Paris: UNESCO, 1992), 7–18
- 5.
Sola Williams, “Copywrighting the Cine Film,” in Making the Transition from Video to Celluloid, eds. Hyginus Ekwuazi, Mercy Sokomba and Onyero Mgbejume (Jos: Nigerian Film Institute, 2001), 285–293.
- 6.
C. O. Ojiji, “The Development of Intellectual Property and Book Piracy,” in Essays on Copyright Law and Administration in Nigeria, ed. E. Uvieghara (Ibadan: Y-Books, 1992), 179–195.
- 7.
Betty Mould-Iddrisu, “A Developing Country’s Perspective,” in Introduction to Intellectual Property Rights, ed. Kathleen Hug (Washington D.C.: U.S. Department of State, 1999), 15–19.
- 8.
Moses Ekpo, “The Implications of the Nigerian Copyright Law for a Virile Film Policy in Nigeria,” in Operative Principles of the Film Industry: Towards a Film Policy for Nigeria, eds. Hyginus Ekwuazi and Yakubu Nasidi (Jos: Nigerian Film Corporation, 1992), 37–45.
- 9.
Toyin Falola , The Humanities in Africa: Knowledge Production, Universities, and the Transformation of Society (Austin, TX: Pan-African Universities Press, 2016), 230.
- 10.
Williams, “Copywrighting,” 285.
- 11.
Melanie Smith, Issues in Cultural Tourism Studies (London: Routledge, 2009), 63.
- 12.
George Ritzer, The Globalization of Nothing (London: Sage, 2004), 73.
- 13.
Femi Osofisan, The Muse of Anomy: Essays on Literature and the Humanities in Nigeria (Durham, NC: Carolina Academic Press, 2016), 232.
- 14.
Krings and Okome, “Nollywood ,” 1.
- 15.
Alessandro Jedlowski, “From Nollywood to Nollyworld: Processes of Transnationalization in the Nigerian Video Film Industry,” in Global Nollywood: The Transnational Dimensions of an African Video Film Industry, eds. Matthias Krings and Onookome Okome (Bloomington: Indiana University Press, 2013), 25–45.
- 16.
Zygmunt Bauman, Globalization: The Human Consequences (Oxford: Blackwell, 1998), 16.
- 17.
Smith, Issues, 64.
- 18.
Kgomotso Moahi, “Copyright in the Digital Era and Some Implications for Indigenous Knowledge ,” in Indigenous Knowledge Systems and Intellectual Property in the Twenty-First Century: Perspectives from Southern Africa, eds. Isaac Mazonde and Pradip Thomas (Dakar: Council for the Development of Social Research in Africa, 2007), 66–77.
- 19.
Jonathan Haynes and Onookome Okome, “Evolving Popular Media: Nigerian Video Films”, in Nigerian Video Films, ed. Jonathan Haynes (Jos: Nigerian Film Corporation, 1997), 21–44.
- 20.
Mould-Iddrisu, “A Developing,” 15.
- 21.
Charles Nwadigwe, “The Nigerian Copyright Law,” Nigeria Journal of Interdisciplinary Studies. 15, (2005): 5.
- 22.
Moahi, “Copyright ,” 76.
- 23.
Ibid., 75.
- 24.
Ibid., 67.
- 25.
Smith, Issues, 57.
- 26.
Moahi, “Copyright,” 70.
- 27.
Mould-Iddrisu, “A Developing,” 17.
- 28.
Obatosin Ogunkeye, “Legal Remedies for Infringement of Copyright”, in Essays on Copyright Law and Administration in Nigeria, ed. E. Uvieghara (Ibadan: Y-Books, 1992), 101–119.
- 29.
Ekpo, “The Implications,” 42.
- 30.
Ibid.
- 31.
Krings and Okome, “Nollywood ,” 1.
- 32.
Jedlowski, “From Nollywood,” 26.
- 33.
Amaka Igwe, “Copyright and the Movie Industry”, in A Decade of Copyright Law in Nigeria, eds. J. Asien and E, Nwauche (Abuja: Nigerian Copyright Commission , 2002), 36–39.
- 34.
Charles Nwadigwe, “Theatre Practice and the Nigerian Copyright Law : A Critical Discourse,” Current Jos Law Journal 6, no. 6 (2003): 220.
- 35.
Olusegun Ojewuyi, Katanfuru: The Illogic of Culture-Nomics in Nigerian Cultural Administration, (Abuja: National Institute for Cultural Orientation, 2011), 9.
- 36.
For instance, Article 8.5 of the Cultural Policy for Nigeria (1988) provides among other things as follows:
8.5.1. The State shall recognise cinema as an important means of entertainment and a vehicle for promoting the social, political, economic and cultural objectives of the nation.
8.5.2. The State shall promote a virile film industry in Nigeria by:
-
(a)
establishing institutions and agencies for film development;
-
(b)
promoting the indigenisation of film distribution and exhibition, and establishing standards in exhibition facilities compatible with accepted theatre usage,
-
(c)
promoting an effective film censorship policy that reflects Nigerian values and national interest , and
-
(d)
providing incentive to productivity by funding and financing of private sector film production.
-
(a)
- 37.
Olalere Oladitan, “Beyond Policy Perfectioningv : Towards a Dynamic Legal Environment for the Film in Nigeria,” in Operative Principles of the Film Industry: Towards a Film Policy for Nigeria, eds. Hyginus Ekwuazi and Yakubu Nasidi (Jos: Nigerian Film Corporation, 1992), 12–36.
- 38.
Ibid. 34.
- 39.
Moahi, “Copyright,” 71.
- 40.
A multiplicity of trade guilds currently operates in the Nigerian culture and creative industry . Some of these include:
-
a.
Copyright Society of Nigeria (COSON) , which seeks to protect the works of creative artists and collect royalties on their behalf.
-
b.
Filmmakers’ Multipurpose Cooperative (FMC) was formed to enable artists to market their works instead of relying on independent marketers who are constantly accused of engaging in piracy. The FMC proposed to create a reliable market for producers of creative works and cut off the pirate marketers.
-
c.
Performing Musicians Association of Nigeria (PMAN) is a pioneer body set up by musicians to promote their professional interests and the welfare of members , and to protect the works of registered musicians.
-
d.
When leadership crises began to tear PMAN apart, a faction broke away from the association and formed the Performing Musicians Employers Association of Nigeria (PMEAN). This was mainly made up of band owners, producers and owners of recording labels , who claim to be the “real” employers of performing musicians.
-
e.
Actors Guild of Nigeria (AGN) was formed in the wake of the video-film industry’s meteoric rise in Nigeria. It is an association of actors that claims to operate exclusively in the movie industry . Although many of their leaders and members do not have the professional training or academic qualification to operate in the industry , they often discriminate against trained and qualified actors who work on the live stage (theater ) and who are mainly members of the National Association of Nigerian Theatre Arts Practitioners (NANTAP), the country’s pioneer body for all artists in the performing arts.
There are many other guilds that cater for the specific interests of dancers , directors, scriptwriters, producers , marketers and designers, but some of these are not even officially registered with the regulatory agencies in Nigeria. The guilds are also riddled with leadership crises, personality clashes and persistent internal squabbling. Some of them appear to be working at cross purposes, duplicating functions , and enacting exclusive and discriminatory regulations to give them monopolistic control of certain aspects of the industry . Currently, there is no law or recognized umbrella professional body in Nigeria to regulate the registration, membership and professional practice of creative artists . Different groups spring up from time to time and claim legitimacy . This is a reflection of the disorder that currently subsists in the industry , as operators come from various backgrounds often without formal training or professional qualification. Consequently, the industry remains weakened as creative artists are largely divided and unable to speak with one voice or fight for their collective interests.
-
a.
- 41.
Jedlowski, “From Nollywood,” 29.
- 42.
Ibid., 31.
- 43.
Matthias Krings, African Appropriations: Cultural Difference, Mimesis, and Media. (Bloomington: Indiana University Press, 2015), 151.
- 44.
Mould-Iddrisu, “A Developing,” 16.
- 45.
Falola , The Humanities, 365.
- 46.
Ibid., 268.
- 47.
Aleogho Dokpesi, “Digital Cinema and Intellectual Property Issues” (lecture: 4th Zuma Film Festival, Abuja, Nigeria, May 8, 2008).
- 48.
The EFCC was set up by the Nigerian Federal Government to tackle financial crimes, such as the Advance Fee Fraud (popularly known as 419), embezzlement and other corrupt practices. Similarly, the NDLEA was established to check the production, distribution and consumption of narcotics and other illicit drugs. These agencies were set up when the criminal activities they were meant to check were becoming rampant, with both domestic and international connections. The agencies were given extensive powers to investigate, arrest, detain and prosecute offenders . This has helped to make the agencies relatively effective. Such powers have been canvassed for the NCC to check piracy, but the government is yet to be convinced that this is a necessity.
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Nwadigwe, C.E. (2018). Creativity and New Technologies: Piracy, Politics and the Business of Cultural Production in Nigeria. In: Falola, T., Kalu, K. (eds) Africa and Globalization. African Histories and Modernities. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-74905-1_10
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