PIRACY AND COPYRIGHT PROTECTION IN NIGERIA’S ENTERTAINMENT INDUSTRY: ISSUES AND CHALLENGES

Authored By: JUDITH OGOCHUKWU OKENNA

NNAMDI AZIKIWE UNIVERSITY

1.0 ABSTRACT

Nigeria’s entertainment industry, comprising music, film, and digital content, has become a vital driver of economic growth and cultural export. However, piracy remains one of the most significant threats to its sustainability. Despite the enactment of the Copyright Act 2022 and the efforts of the Nigerian Copyright Commission (NCC), enforcement remains weak and inconsistent. This article examines the problem of piracy and the enforcement of copyright laws within Nigeria’s entertainment industry. It explores the existing legal framework, the nature of copyright and piracy, challenges of enforcement, and their impact on the creative economy. Using examples from Nigeria’s music and film sectors, the paper argues that unless enforcement mechanisms are strengthened and public awareness improved, the country’s creative economy will continue to lose billions in potential revenue. The paper concludes with recommendations aimed at enhancing copyright enforcement and protecting creators in Nigeria’s entertainment industry.

Keywords: Copyright, Piracy, Enforcement, Entertainment, Nigeria.

2.0 INTRODUCTION

Nigeria’s entertainment industry, popularly referred to as ‘Nollywood’ and its vibrant music scene, stands as one of the largest in Africa and among the top in the world. Artists such as Burna Boy, Wizkid, Tiwa Savage, and filmmakers like Genevieve Nnaji have gained international recognition, showcasing Nigeria’s creative potential. However, beneath this success lies a deep-seated challenge which is piracy. From unauthorized duplication of films and music to illegal digital streaming and downloads, piracy has eroded the financial base of the entertainment industry. It undermines the economic rights of creators and discourages investment in creative ventures.

Copyright law seeks to protect the creative and economic interests of authors by granting them exclusive rights to reproduce, distribute, perform, and communicate their works. The Nigerian Copyright Commission (NCC), as the primary enforcement agency, has worked to combat piracy through raids, prosecutions, and awareness campaigns. Nevertheless, enforcement remains inconsistent and often ineffective due to institutional weaknesses and technological limitations.

This paper examines piracy and copyright protection in Nigeria’s entertainment industry. It analyses the legal and institutional frameworks, identifies key enforcement challenges, and assesses their impact on the creative economy. The study also proposes strategic reforms to strengthen copyright enforcement and promote sustainable growth of Nigeria’s entertainment sector.

3.0 LEGAL FRAMEWORK AND INSTITUTIONAL STRUCTURE

The primary legislation governing copyright in Nigeria is the Copyright Act 2022, which replaced the Copyright Act, Cap C28, Laws of the Federation of Nigeria 2004. The 2022 Act modernizes Nigeria’s copyright regime to address digital and online piracy, aligning it with global standards under the Berne Convention, the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, and the World Intellectual Property Organization’s Copyright Treaty. It provides for the protection of literary works; musical works; artistic works; audiovisual works; sound recordings and broadcasts

Under the Copyright Act 2022[1], the Nigerian Copyright Commission (NCC) is established as the regulatory body responsible for the administration and enforcement of copyright. The NCC undertakes anti-piracy operations, public enlightenment campaigns, and registration of works. The Federal High Court, pursuant to section 251(1)(f) of the Constitution of the federal republic of Nigeria 1999 (as amended), has exclusive jurisdiction over copyright matters. Supporting agencies such as the Nigerian Police Force and the Nigeria Customs Service collaborate in enforcement through seizure of pirated materials and prosecution of offenders.

3.1 NATURE OF COPYRIGHT AND PIRACY IN ENTERTAINMENTMENT WORKS

Copyright is a form of intellectual property that protects original creative expressions once fixed in a tangible medium. It grants the creator exclusive rights to control the use and exploitation of their work. Copyright is the right to copy; specific property right in an original work or authorship (including literary, musical, dramatic, choreographic, pictorial, graphic, sculptural and architectural works; motion pictures and other audiovisual works and sound recordings) fixed in any tangible medium of expression, giving the holder the exclusive right to reproduce, adopt, distribute, perform and display the work[2].Copyright is an intangible, incorporeal property, which guarantees the owner the exclusive right to deal with his/her work within a stipulated time as provided under the law. Copyright and related rights are today perceived as instruments for development, as well as providing a secured and stable environment for creative activities[3]. Copyright in the entertainment industry refers to the legal protection granted to original works of authorship, ensuring that creators have exclusive rights to their creations. This protection is vital for nurturing creativity, providing the framework within which artists and creators can thrive economically[4]. In the entertainment industry, copyright includes musical compositions, films, sound recordings, and performances.

Piracy, on the other hand, refers to the unauthorized reproduction, distribution, or use of copyrighted material for commercial or personal gain. This involves duplicating and distributing copyrighted materials without permission from the copyright holder[5]

In Nigeria, piracy has taken multiple forms. Physical piracy occurs in markets like Alaba International Market in Lagos, where unauthorized CDs and DVDs are openly sold. Digital piracy manifests through illegal downloads, streaming, and sharing on online platforms. For example, newly released movies often appear on unauthorized websites within days of their cinema release, severely affecting box office revenue.

Piracy not only deprives creators of income but also affects investors, distributors, and government tax revenue. According to the NCC, Nigeria loses billions of naira annually due to piracy in the music and film industries. This economic drain undermines the sustainability of the creative economy and discourages talent development.

3.2 ISSUES AND CHALLENGES OF ENFORCEMENT

The enforcement of copyright laws in Nigeria faces several obstacles. First, institutional weakness remains a major problem. The NCC, though proactive, is constrained by limited funding, inadequate personnel, and outdated enforcement technologies. Consequently, many anti-piracy raids yield temporary results without sustainable deterrence.

Secondly, the judicial process is slow and often lacks specialization in intellectual property matters. Cases like Musical Copyright Society of Nigeria v Compact Disc Technologies Ltd[6] illustrate the procedural complexities involved in enforcing copyright.in this case the bone of contention between the parties is that the appellant as plaintiff claimed an infringement of its copyright while the respondents as defendants entered a conditional appearance and a statement of defence with counter claim contending that the appellant had not fulfilled a mandatory condition precedent before instituting the subject law suit. That for the appellant to initiate the cause of action at that time, it must possess a valid and subsisting collecting Society’s Licence issued by the Nigerian Copyright Commission (NCC).Moreover, corruption and bureaucratic bottlenecks within enforcement agencies have further weakened compliance.

Thirdly, low public awareness remains a persistent issue. Many consumers do not perceive piracy as a crime, viewing it instead as a cheaper means of accessing entertainment. Creators themselves sometimes fail to register their works or enforce their rights due to ignorance or lack of trust in the system.

Lastly, the advent of digital technology has expanded piracy beyond national borders. Unauthorized uploads of Nigerian songs and films on foreign streaming platforms make enforcement increasingly complex. Without international collaboration and technological tools for monitoring digital platforms, Nigeria’s legal response remains limited.

Although intellectual property (IP) laws are vital to the entertainment industry, Nigeria has recorded few judicial decisions addressing key IP issues in this sector. This gap largely stems from the decentralized nature of digital and broadcast platforms, the massive number of users, and the overwhelming volume of infringing content, which make detection and enforcement difficult. The global reach of these platforms also complicates cross-border enforcement due to jurisdictional conflicts and varying national laws. Moreover, many Nigerian entertainers avoid litigation as an enforcement option, preferring privacy and efficiency over the delays and publicity that court processes often entail[7].

3.3 IMPACT ON NIGERIA’S ENTERTAINMENT INDUSTRY

The impact of piracy on Nigeria’s entertainment industry spans economic, cultural, social, and technological dimensions. Economically, piracy continues to drain revenue from artists, producers, and distributors. The Nigerian music industry loses billions of naira annually to unauthorized downloads, reproductions, and illegal streaming. Nollywood filmmakers also suffer considerable financial losses as pirated copies of their movies appear online and in local markets almost immediately after release.

Culturally, piracy erodes the incentive for creativity and originality. When creators are deprived of the economic rewards of their work, their motivation to produce high-quality content declines. This affects not only the quality of creative output but also employment opportunities and the international competitiveness of Nigeria’s entertainment exports. Moreover, the persistent presence of piracy damages Nigeria’s image in the global creative economy and discourages foreign investors from supporting its cultural industries.

The social consequences are equally concerning. The circulation of cheap and low-quality pirated works frustrates legitimate producers who struggle to compete with counterfeit products. This undermines public respect for intellectual property rights, causes reputational harm to indigenous creators, and contributes to economic instability within the creative community.

Technologically, piracy disrupts the growth of Nigeria’s digital distribution ecosystem and hinders innovation in lawful streaming services. Many Nigerians still prefer accessing pirated films and music through Telegram channels, unauthorized websites, and peer-to-peer networks rather than paying for licensed platforms.

A clear example is the 2023 release of Toyin Abraham’s film Malaika which was illegally circulated online within days of its cinema debut. The actress publicly condemned the piracy incident, expressing disappointment at how it undermined years of creative effort and financial investment. “Nollywood actress Toyin Abraham is grappling with panic attacks and hospitalizations due to the piracy of her film ‘Malaika.’ The high-budget movie, produced at a staggering cost of N500 million, was illegally uploaded online and shared across social media platforms, resulting in substantial financial losses for the team involved”[8].Law enforcement agencies, including the Nigerian Police Force, later announced the arrest of individuals linked to the unauthorized distribution of the movie. This incident reflects how piracy not only affects revenue but also discourages filmmakers from reinvesting in future projects.

Similarly, Funke Akindele’s A tribe called Judah experienced massive online leaks shortly after its theatrical success in late 2023. The film, which had broken box-office records, was uploaded illegally on various websites and social media channels[9]. The producers’ strong condemnation of the act sparked a nationwide conversation on the vulnerability of Nigerian films in the digital age. The piracy of such a high-profile production demonstrates the scale of the challenge facing the entertainment industry and highlights the urgent need for stronger enforcement of intellectual property rights and digital monitoring mechanisms.

Ultimately, piracy continues to threaten Nigeria’s creative economy by reducing investor confidence, weakening respect for intellectual property, and preventing the entertainment sector from achieving its full potential as a driver of national development, cultural expression, and global competitiveness.

3.4 RECOMMENDATIONS FOR EFFECTIVE COPYRIGHT ENFORCEMENTMENT IN NIGERIA

For copyright enforcement in Nigeria to be truly effective, there must be a deliberate blend of institutional reform, legal modernization, and public reorientation. The goal should not only be to punish offenders but also to create an environment where creativity is valued, rewarded, and protected. The following recommendations outline practical measures that can help strengthen the enforcement framework in Nigeria.

To begin with, the Nigerian Copyright Commission should be strengthened in every sense of the word. For the Commission to carry out its duties effectively, it needs more funding, better equipment, and well-trained personnel. Many enforcement operations fail because the Commission lacks the resources to monitor and track copyright violations, especially online. Investing in digital monitoring systems, regional offices, and modern enforcement tools would go a long way in improving its efficiency and reach.

Another important step is the establishment of specialized Intellectual Property Courts in Nigeria. At the moment, copyright cases are treated like ordinary civil matters, section 103 of the Copyright Act, 2022, both of which confer exclusive authority on the Federal High Court to hear and determine all civil and criminal matters arising under copyright and other intellectual property laws. Therefore, establishing specialized divisions or designating judges within the Federal High Court to handle intellectual property matters would ensure quicker, more informed, and consistent judgments while also relieving regular courts of congestion.

Public education and awareness should also be at the heart of enforcement efforts. A large number of Nigerians still see piracy as a harmless or normal act without realizing its damaging effects on the economy and the creative industry. Government agencies, creative unions, and educational institutions should collaborate to educate people on the value of originality and the consequences of intellectual property theft. When citizens understand that piracy deprives creators of their livelihood, they are more likely to respect copyright laws and support genuine content.

Furthermore, collaboration between the Nigerian Copyright Commission, digital platforms, and telecommunication companies is essential in the fight against online piracy. The internet has made it easy for pirated materials to spread quickly, but with the right partnerships, content can be tracked and removed before it goes viral. Platforms such as YouTube, Netflix, and Spotify should work closely with the Commission to detect and block infringing materials in real time. This kind of proactive cooperation will make it more difficult for pirates to exploit digital spaces.

In addition, collecting societies such as the Copyright Society of Nigeria should be properly regulated and monitored. These bodies play an important role in ensuring that artists and creators receive fair royalties for their work. However, issues of mismanagement and lack of transparency have weakened their credibility. The government should introduce stricter guidelines, periodic audits, and public disclosure of funds to ensure accountability and fairness in royalty distribution.

Nigeria should also strengthen its cooperation with international organizations such as the World Intellectual Property Organization and the International Criminal Police Organization. Piracy is not confined within national borders, and many offenders operate internationally. Working with these organizations will improve information sharing, support joint enforcement actions, and make it easier to trace and prosecute offenders who exploit Nigerian works abroad.

Finally, the law itself must evolve with time. Nigeria’s copyright laws should be reviewed periodically to address emerging issues such as artificial intelligence, online streaming, and digital distribution. The creative landscape is changing rapidly, and outdated laws cannot provide adequate protection for modern creators. A responsive and flexible legal framework will ensure that Nigeria keeps pace with global best practices.

In conclusion, enforcing copyright in Nigeria requires more than just legal punishment; it demands strong institutions, modern technology, informed citizens, and updated laws. When these efforts come together, Nigerian creators will feel protected, consumers will act more responsibly, and the creative industry will continue to contribute meaningfully to national development.

3.5 CONCLUSION

Piracy continues to threaten the development of Nigeria’s entertainment industry despite the existence of a robust legal framework. While the Copyright Act 2022 and the Nigerian Copyright Commission provide the foundation for enforcement, implementation remains weak. Addressing the challenges of funding, judicial inefficiency, public ignorance, and technological gaps is essential. By investing in enforcement capacity, digital monitoring, and international collaboration, Nigeria can better protect its creative works and strengthen its position as a global hub for music, film, and cultural innovation.

4.0 REFERENCE(S)

Cases:

Legislation:

Constitution of the Federal Republic of Nigeria 1999 (as amended).

Encyclopedias:

B.A. Garner, Black’s Law Dictionary (8th edn, St Paul Minn: Thompson West Publishing Co., (2004) P. 1186

Secondary Sources:

Journal Articles:

Mary Imelda Obianuju Nwogo, ‘The Challenges of The Nigerian Copyright Commission (Ncc) in The Fight Against Copyright Piracy in Nigeria (2014)Vol.2,No.5, European Centre for Research Training and Development UK pp.22-34

Online Journals:

Empower Laws .Com, ‘Understanding Copyright in the Entertainment Industry: Key Insights (2024) <https://empowerlaws.com/copyright-in-the-entertainment-industry/ >accessed 24 October 2025.

Justia, ‘Piracy in the Entertainment Industry & Legal Penalties <https://www.justia.com/entertainment-law/piracy-in-the-entertainment-industry/ >accessed 24 October 2025.

Helen Fidel, ‘Intellectual Property Laws in the Entertainment Industry: Fair Dealing Loopholes and Enforcement Gaps (2024) <https://metalexlegal.com/publication/article/intellectual-property-laws-in-the-entertainment-industry-fair-dealing-loopholes-and-enforcement-gaps.47>accesed24October2025 .

Newspaper articles:

Guardian Nigeria, ‘Panic Attacks As Police Arrest Banker Over Toyin Abraham’s Malaika Piracy (2024) <https://guardian.ng/life/panic-attacks-as-police-arrest-banker-over-toyin-abrahams-malaika-piracy/ >accessed 24 October 2025.

ShockNG, ‘A tribe called Judah suffers major piracy leak amidst record box office success (2024) <https://shockng.com/a-tribe-called-judah-suffers-major-piracy-leak-amidst-record-box-office-success/> accessed 24 October 2025.

[2]B.A. Garner, Black’s Law Dictionary (8th edn, St Paul Minn: Thompson West Publishing Co., (2004) P. 1186

[3] <https://eajournals.org/wp-content/uploads/The-Challenges-Of-The-Nigerian-Copyright-Commission-Ncc-In-The-Fight-Against-Copyright-Piracy-In-Nigeria.pdf>accessed in October 24 2025.

[4] <https://empowerlaws.com/copyright-in-the-entertainment-industry/> accessed in 24 October 2025 .

[5] <https://www.justia.com/entertainment-law/piracy-in-the-entertainment-industry/ >accessed 24 October 2025.

[6] (2018) LPELR-46353(SC)

[7] https://metalexlegal.com/publication/article/intellectual-property-laws-in-the-entertainment-industry-fair-dealing-loopholes-and-enforcement-gaps.47accesed24October2025.

[8] <https://guardian.ng/life/panic-attacks-as-police-arrest-banker-over-toyin-abrahams-malaika-piracy/ > accessed 24 October 2025.