Entertainment Law in Nigeria: How to Protect Your Rights as a Content Creator

Content creation is one of the most popular and lucrative activities in the entertainment industry, especially in the digital age. Content creators are individuals or entities that produce original or derivative works of art, such as music, videos, podcasts, books, blogs, games, and software, for public consumption or commercial purposes. Content creation can be a rewarding and fulfilling career, but it also comes with various legal risks and challenges, such as infringement, piracy, defamation, breach of contract, and taxation. Therefore, content creators need to be aware of their rights and obligations under the relevant laws and regulations, and take appropriate steps to protect their interests and avoid disputes. This guide will provide you with some practical tips on how to protect your rights as a content creator in Nigeria, and what to do if you encounter any legal issues.

Register Your Intellectual Property Rights

The first and most important step to protect your rights as a content creator is to register your intellectual property (IP) rights with the appropriate authorities. IP rights are the legal rights that protect the owners or creators of IP from unauthorized use or exploitation of their IP by others. IP rights can be a valuable asset for content creators, as they can enhance their competitiveness, reputation, and profitability.

There are four main types of IP rights that are relevant for content creators in Nigeria, namely:

– Patents: Patents protect inventions that are new, inventive, and capable of industrial application. Patents grant the owner the exclusive right to make, use, sell, or import the invention for a limited period of time, usually 20 years from the date of filing the application. Patents are regulated by the Patents and Designs Act LFN 2004 and administered by the Trademarks, Patents and Designs Registry under the Federal Ministry of Industry, Trade and Investment.

– Trademarks: Trademarks protect distinctive signs, such as words, logos, slogans, colours, shapes, or sounds, that identify and distinguish the goods or services of one person or entity from those of others. Trademarks grant the owner the exclusive right to use, register, or license the sign for the goods or services for which it is registered, and to prevent others from using confusingly similar or identical signs for the same or related goods or services. Trademarks are regulated by the Trademarks Act LFN 2004 and administered by the Trademarks, Patents and Designs Registry under the Federal Ministry of Industry, Trade and Investment.

– Designs: Designs protect the aesthetic or ornamental aspects of an article, such as its shape, configuration, pattern, or colour. Designs grant the owner the exclusive right to make, import, sell, or hire the article embodying the design, and to prevent others from doing the same without the owner’s consent. Designs are regulated by the Patents and Designs Act LFN 2004 and administered by the Trademarks, Patents and Designs Registry under the Federal Ministry of Industry, Trade and Investment.

– Copyright: Copyright protects original works of authorship, such as literary, artistic, musical, cinematographic, and sound recording works, as well as computer programs and databases. Copyright grants the owner the exclusive right to reproduce, distribute, perform, display, broadcast, or adapt the work, and to authorize others to do the same. Copyright also grants the owner the moral right to claim authorship, object to any distortion, mutilation, or modification of the work, and withdraw the work from circulation. Copyright is regulated by the Copyright Act LFN 2004 and administered by the Nigerian Copyright Commission under the Federal Ministry of Justice.

To register your IP rights with the relevant authorities, you need to:

– Conduct a search: Before applying for registration, it is advisable to conduct a search to ascertain the availability and registrability of your IP right. A search can help you avoid wasting time and money on an application that may be rejected or opposed by others. You can conduct a search online or offline at the relevant IP office, or through a professional IP agent or lawyer.

– Prepare and file an application: After conducting a search, you can prepare and file an application for registration of your IP right. The application must contain the required information and documents, such as the name and address of the applicant, a description and representation of the IP right, a declaration of priority (if applicable), and the prescribed fees. You can file an application online or offline at the relevant IP office, or through a professional IP agent or lawyer.

– Examination and publication: After filing an application, the IP office will examine it for formal and substantive requirements, and may issue queries, objections, or amendments. If the application meets the requirements, the IP office will publish it in the official gazette or journal for public inspection and opposition. The publication period may vary depending on the type of IP right, but usually ranges from two to six months.

– Registration and certificate: If the application is not opposed, or if the opposition is resolved in favour of the applicant, the IP office will register the IP right and issue a certificate of registration to the applicant. The certificate of registration is the prima facie evidence of the validity and ownership of the IP right.

Negotiate and Draft Clear Contracts

The second step to protect your rights as a content creator is to negotiate and draft clear contracts with the parties you deal with, such as collaborators, clients, sponsors, distributors, and platforms. Contracts are legally binding agreements that define the terms and conditions of the relationship and the expectations and obligations of each party. Contracts can help you secure your rights and interests, clarify your roles and responsibilities, and prevent or resolve disputes.

To negotiate and draft clear contracts with the parties you deal with, you need to:

– Identify your goals and objectives: Before entering into a contract, you need to identify what you want to achieve and what you are willing to offer or accept. You also need to assess the risks and benefits of the contract, and the strengths and weaknesses of your position.

– Communicate effectively and respectfully: During the negotiation process, you need to communicate effectively and respectfully with the other party and listen to their needs and concerns. You also need to be flexible and willing to compromise, but not at the expense of your core interests and values.

– Use plain and precise language: When drafting the contract, you need to use plain and precise language that reflects the agreed terms and conditions and avoids ambiguity and confusion. You also need to include all the essential elements of a valid contract, such as the parties, the subject matter, the consideration, the offer and acceptance, the intention to create legal relations, and the capacity and consent of the parties.

– Seek legal advice and review: Before signing the contract, you need to seek legal advice and review from a qualified and experienced lawyer who can advise you on the legal implications and consequences of the contract and suggest any changes or im