Greychapel Legal hosts discourse on copyright in digitised Nollywood

Nigerian law firm, Greychapel Legal, has galvanised deliberations by key stakeholders on the issue of copyright and ownership in a digitized Nollywood. The firm recently hosted a webinar themed: ‘Clicks, Streams, and Copyright: Who Owns Nollywood’s Digital Future?’

The webinar, moderated by Temilola Muyiwa-Ajayi, a senior associate at the firm, explored the evolving landscape of Nollywood, streaming platforms, and copyright, with insights from James Omokwe, an award-winning film maker, Lynda Alphaeus, Director and head of the Lagos office, Nigerian Copyright Commission (NCC), Nky Ofeimun, a lawyer and entertainment business executive, and Solafunmi Laelle, a media and business strategist with a wealth of experience working with streaming platforms.

James kicked off by highlighting the opportunities streaming platforms create for filmmakers, “streaming platforms have given options to have content on viewing spaces and there are more linear terms with regards of ownership. The availability of streaming platforms makes it easier for filmmakers to own their Intellectual property (IP).” He emphasised that data is key, explaining that ratings help understand which regions consume content and how impactful it is, giving creators leverage in negotiations.

Solafunmi shared from a financial prospects perspective, “from the investment point of view, lender haul is based on who put the funds down. They have an idea of what they want to do, and they get a producer and then they flesh it up and give the funds too. They are called the originals and they would generally prefer 100% exclusive ownership, and even if they negotiate, it is going to be for a long period of years.” She explained that in acquisition and licensing, if the filmmaker funds the project, they hold more power over decisions. Hybrid arrangements are negotiable, but platforms like MultiChoice, Netflix, and Amazon always use audience data to determine leverage.

Read also: Nollywood stakeholders push for quality, audience literacy, digital protection

Lynda shared how the NCC is adapting to digital challenges. According to her, “the NCC has worked and is working tirelessly to adapt Nigeria’s legal framework to be able to cope with the challenges of digital distribution. The Copyright Act was updated to help Nigerians utilise their work online. NCC can block networks publishing illegal content, we have blocked seven sites so far. The commission are also taking copyright awareness to the markets and schools, training staff to handle digital copyright issues, and we have set up a STOP unit, a special taskforce on online piracy.” She stressed that creators should protect their work online using encryption, blockchain, digital watermarking, cloud security, and regular backups. Speaking on registration, she emphasised the importance of copyright notification. Noting that creators do not need to register their work, but doing so gives the creator an added protection and identification. “Whatever you register is presumed to be yours until proven otherwise.”

Nky emphasised the need for education and negotiation, “creators still need to understand what their rights are. During contracts, it’s important to know who owns what. Negotiate reversion of rights after a certain period or ownership in different territories.” She highlighted some key clauses to focus on in contracts including ownership, payment, data reporting, exclusivity, reversionary rights and flexibility in moving between streaming platforms. She added that marketing should start as early as the idea stage, and creators should “own the audience from the moment the idea strikes in their head. Behind-the-scenes content also helps the audience feel like a part of the content, which helps with leveraging.”

Solafunmi framed content as a business, “attention is the new gold, and if you have content that draws attention, you have gold in your hands. Producers need to see themselves as a one-man distribution channel. The biggest opportunity is not just selling one movie, it is growing a hub. Platforms like YouTube are best because there is no middleman. You get instantaneous feedback on location, age, gender, and that helps make strategic decisions. Creators need to see themselves as business owners. If you are used to commissioning, you are a producer on hire. But as a business owner, different models are available, including localisation to scale content in different languages.”

On the question, who stands to gain and what should change? There was a consensus that creators who understand and control their IP, data and distribution benefit most. Nky said, “Everybody.” Solafunmi added, “the person who wins is not the platform but the creator who builds direct relationships with their audience and owns their data.” Lynda emphasised, “creators who take the time to understand copyright and monetise it. They need to be intentional about acquiring copyright knowledge to make the best of their creativity.” James concluded, “Creators and whoever figures out distribution.”

One notable thing the webinar highlighted is that the Nollywood ecosystem is definitely shifting. Success depends not just on producing content, but on understanding copyright, leveraging data, marketing early, and viewing content creation as a business. Those who combine creativity with strategic ownership and audience engagement will ultimately stand to gain the most.

In conclusion, it was agreed that content is king and distribution is queen.

Seyi John Salau is a BusinessDay Correspondent with interest in development journalism, which tells stories that connect the people, brands, and the government. SeyiJohn is also a media professional with BSc, Mass Communition (ACU); Masters of School Media (MSM, Ibadan) & MSc, Mass Communication (Caleb).

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