Babcock Varsity Don Advocate Copyright Law Expansion
The creative sector according to record, has been contributing about N154 billion to the country's Gross Domestic Product (GDP).
Prof. Odunaike, while speaking during the Babcock University’s 56th inaugural lecture titled, "Scar in Copyright Protection: Harnessing the Potential of Performers' Rights in Nigeria", listed the challenges facing the sector to include rapid technological advancements, digital piracy, and emerging technologies like deep fakes which allows manipulation of performances have heightened the existing gap in the Act.
She explained that if the Copyright Act 2022 is well-implemented and updated to address new technologies, performers will have improved economic returns for their efforts leading to a boost in the creative sector's contribution to Nigeria's economy.
“Nigeria is a developing nation that is faced with a
lot of challenges that inhibits effective management of performance some of
which are identification and monitoring of uses, piracy and bootlegging,
digital exploitation of music and video among others,” she said.
Her call to action comes as Nigeria's creative industry contributes about 2% to Nigeria's GDP and employs approximately 4.2 million people. Key sectors include Nollywood, music, fashion, and digital media.
Prof. Odunaike pointed out that the proliferation of digital platforms has not only heightened the risk of bootlegging - unauthorized recording and distribution of performances and deep fake technology, but created another level of challenge as machines are not humans who can be accountable for their actions.
These further raise concerns about authenticity, consent, and potential harm to performers' reputation or rights. Additionally, as content flows freely across borders, navigating differing related rights laws, especially in international infringement cases, becomes increasingly complex.
According to Prof. Odunaike, while the provisions of sections 63-73 of the 2022 Copyright Act mark an improvement in the rights granted to performers compared to the previous Act, performers' rights are still regarded as secondary to authors' rights.
To address the "scar" in performers' rights
protection, she recommends updating the Copyright Act to expressly cover
performances involving emerging technologies to clarify rights; implementing
effective enforcement mechanisms and raising awareness among performers on IP
protection since digital performances “represent more than just innovations in
musical and theatrical performances.”
She also called for appropriate measures to enhance reviewing of licensing societies’ activities by an independent reviewer annually and the inclusion of digital performance or performances in Section 63(2) “to prevent loss of revenues that may accrue through digital performance royalties payable in other climes.”
“This will go a long way in enhancing transparency and accountability,” she said.
