APPRAISAL OF ENTERTAINMENT LAW IN NIGERIA
VIS-À-VIS THE VALUABLE INPUTS OF LAWYERS IN THE ENTERTAINMENT INDUSTRY
Written by Kayode Agbedejobi,Esq.
kayodeagbedejobi@gmail.com
For the benefit of doubt, should the existence of Entertainment Law be doubted or its importance underestimated by anyone, I humbly make reference to the Black’s Law Dictionary (9th edition): entertainment law is defined as “the Field of law dealing with the legal and business issues in the entertainment industry (such as film, music, and theater), and involving the representation of artistes and producers, the negotiation of contracts, and the protection of intellectual-property rights.”
In Nigeria, Entertainment Law is relatively a new field of law that is still in its embryo stage, very few lawyers have dealt with matters pertaining to entertainment law. Just as seen in the definition above, most discussions about entertainment law would be incomplete if the aspect of intellectual property is not related or at least mentioned. This is so because majority of suites filed under entertainment law are borne out of dispute over original works. Yet intellectual property is just a small fraction of the composition of what entertainment law entails.
Entertainment law to a very large extent attracts the appreciation and application of intellectual property, contract law, tax law, tort, insurance law, labour law, immigration and several other existing laws that can be invoked to cater for every aspect of Entertainment law especially in Nigeria.
The need for the incorporation of Entertainment Law in Nigerian Law faculties is quite imminent. This is because, already, there is an increasing demand for the services of lawyers who are entertainment law experts, yet at the moment few. In as much as this may seem to be good business for lawyers who are already fully tuned to the intricacies of the entertainment industry, it is bad for the image of the Nigerian Legal Profession for not being able to have sufficient experts in a field that if already fast growing with demands.
A lot of resources have been invested in the Nigerian entertainment industry over the years and it would give artistes, producers, investors and other industry players the assurance of legal protection if entertainment law lawyers are not scarce or easily accessible.
Artistes sometimes fail to understand that the legal aspect of the entertainment industry is a very serious one that should not be treated with levity. This is because there are rules and policies which could affect the career of an artiste if not properly examined by a lawyer. Signing a bad contract could make a promising artiste end up being benched from stage performance, restricted from massive airplay, promotions and having his contract eventually terminated with little or no benefit. In order to avoid spending more time in Court than in recording studios, artistes are strongly advised to ensure that a lawyer scrutinizes any and every contract they intend to enter.
Just very recently, a Nigerian pop artiste, Anidugbe Oluwatobiloba Daniel, famously known as Kiss Daniel is currently being challenged in court for allegedly breaching the seven years management deal which he signed with his record label in 2013. He was said to have solicited for bookings and appointed a new manager amongst other alleged breaches without seeking permission from the record label, an act said to be contrary to the provisions of the contract he signed. Hopefully, if Kiss Daniel had involved the a lawyer before embarking on the alleged offences, he would not have been faced with a law suit at the moment.
Sometimes, people underestimate the wealth of knowledge and legal skills lawyers are exposed to, unfortunately those who do this often regret it and usually would have to run looking for a lawyer to salvage a situation that could have been prevented. The advantages of having a lawyer learned in entertainment law cannot be overemphasized. Celebrities on a daily basis have a lot to deal with from partners, colleagues and fans. Disputes may occur in the course of these relationships and the best person to determine the legal consequences of any dispute or controversy as the case may be is the lawyer. A young lawyer vast in the entertainment industry would know the gravity of certain things better than an outdated or old fashioned lawyer who would probably not appreciate certain levels of new-school relationships or communications. It is however pertinent to understand that it may not be advisable for there to always be a litigation out of every dispute a celebrity or an artiste faces. There are times it is best to ignore rants, rumours and accusations and there are times one may want to really take the bull by the horn litigation wise and go all the way to see that justice is seen to be served. For example, an artiste who has worked tirelessly composing a song and recording it in a studio may want to take a serious legal step where he feels copyright on his work has been infringed upon by another third party without his consent. An artiste who has been defamed may also need to seek the face of the law where such defamation has made him lose contracts, fame, income and self-worth.
It is however pertinent to understand that having an entertainment law lawyer is not only for litigation matters, as a matter of fact, an artiste would need a lawyer as much as he may need a producer or marketer. A wrong step taken at a crucial time could shut an artiste out of the game in the entertainment industry for a while or forever.
An artiste who gets his work banned by the Nigerian National Broadcasting Commission could use his legal team to query such act rather than just fold his arms in ignorance especially when he knows his work has not violated any of the rules of the commission. So much investment put into an original work should not be allowed to go down the drain by a mistake that could possibly have been avoided if the services of a lawyer was consulted. Little wonder why a number of lawyers have found it easier to double as a producer and also as a legal expert, using the eye of the law as an advantage to avoid legal bottlenecks.
It is actually advisable to allow a lawyer do negotiations on behalf of artistes before signing of contracts with producers or agencies as the case may be.
Here’s a list of activities that may form an entertainment lawyer’s job description:
• Draft of contracts for clients, review agreements or contracts from managers, publicists, record labels, film studios and others to make sure they’re legal and fair to the client and then negotiate those contracts.
• Establish and maintain relationships with studios or record labels and be in the know of who’s influential and what deals are being made in the industry. Having reliable contacts can help a lawyer get a deal done quickly, while the knowledge of what’s being offered elsewhere can help the lawyer get the best deal for a client.
• Assist clients new to the industry understand how the business works, including which types of contracts to choose, how to identify pitfalls in business deals, what performing rights they have and where to find a manager, agent, accountant or other business contact.
• Act as general counsel for established artistes, helping with marketing and merchandising deals, as well as real estate transactions and tax issues.
• Help artistes secure the rights to use music that other artistes have written, complying with copyright laws.
[source: http://entertainment.howstuffworks.com/entertainment-lawyer4.htm]
Some of the areas in the entertainment industry where lawyers may be required are as follows:
• Film – As far as Nollywood is concerned, there are hundreds of films that get produced on a daily basis. The role of a lawyer in the production of a film would be appreciated where the lawyer uses his expertise to protect the rights of the producers as well as the agreement between the actors and the producers. An actor would be smart enough to have his lawyer document the terms and conditions that would bind him with the the producers..
• Music – An entertainment lawyer would do his possible best to secure contracts with record labels, managers, agents, concert promoters and concert producers.
• Advertisement: There is a lot of legal scrutiny that occurs before a visual content is passed for airview, before and after then, a lawyer’s services would definitely be required to ensure the content meets legal standard.
• TV/Radio – One would be surprised to know that most radio and televison stations already know the importance of having not just a lawyer but a legal team on standby to perform all the necessary legal duties required in the course of business such as negotiation with advertising companies, drafting of agreements with sponsors and ensuring that no stone in left unturned.
• Internet/Socialmedia – In Nigeria, there is a number of law suits that emanate from interactions via the social media. Bloggers and web desiagners sometimes get into legal trouble of defamation, copyright infringement amongst others.
Entertainment law in Nigeria presently may not be as famous as oil and gas and other areas of law, but the truth is that it has been in operation for quite a while without many knowing. This is because of its flexibility and application to other areas of law with direct relevance as discussed earlier. Entertainers in Nigeria who think less of the importance of having an entertainment lawyer if not a legal team should have a reconsideration as the decision to have one may be the step towards attaining fame and wealth.
A stitch in time saves nine.
