U$200 MILLION SUBVENTION VS A SAFE LEGAL OPERATING ENVIRONMENT FOR THE ENTERTAINMENT INDUSTRY.

The U$200 Million subvention to the Nigeria entertainment industry is a much welcomed development, a step in the right direction that is worthy of the celebration and euphoria going on within the industry, especially as this is the first of its kind in the history of the Nigeria entertainment industry.
It is an indication that the Nigerian government is beginning to wake-up to the recognition and reality of the enormous potentials that the entertainment industry possess.

But oddly though, I found it difficult for me to join in the celebration, not because I am not happy with the development, neither is it because I do not believe in the gesture, but because I am more concerned and preoccupied with the real issues that are germane to the overall wellbeing and success of the entertainment industry; issues that challenges the very heart of the entertainment industry, crucial to its survival and the security of the future of entertainment industry’s stakeholders and practitioners.

How much impact can a U$200 Million subvention generate within a structure-less industry? Little, even though I agreed it’s a lot of money. But there is no amount of money that will make impact within an industry that has no defined structures and framework that is designed to protect its practitioners and their investments.
Producers, directors, artists, musicians, writers, actors, songwriters, recording companies, film production companies, audio engineers, managers and all other entertainment industry stakeholders, regularly invests their financial, time, energy and creative resources into the industry only for pirates to reap the harvests of their investments; because there is no industry framework and structure that provides protection for their investments.

The Nigeria entertainment industry entertains, employs, invests, creates, exports, innovates, pay taxes and drive growth in value added services and digital content for the mobile market (in fact, music has been acclaimed as the number one driver of digital commerce and growth globally). The Nigeria entertainment industry has ridden and risen on the efforts of her stakeholders without governmental support to global acknowledgement and acclaim. More than ever, I strongly believe that the entertainment industry deserves more attention, focus, support and input from the government than what it presently gives.

The entertainment industry deserves an equal, commensurate attention and investment that the government gives to the Oil and Gas sector. If you think it is ridiculous to compare the entertainment industry with the Oil and Gas industry then listen to this powerful statement by Alan Greenspan, ex chairman of US Federal Reserve: “In recent decades the fraction of the total output of the US economy that is essentially conceptual rather than physical has been rising. This trend has, of necessity shifted the emphasis in asset valuations from physical property to intellectual property and to the legal rights inherent in intellectual property”.
The European Union have also put the intellectual property industries at the forefront of their strategy for economic growth and development.



The greatest gift I believe Mr President, representing the Nigerian government can and should give to the entertainment industry is a totally committed legal environment for the industry because it is in Nigeria’s own best interest. Since the WIPO treaties were concluded in 1996, countries around the world have been modernising their copyrights laws. These safeguard the rights of copyright owners and ensure the use of enforced legal measures to protect their intellectual properties more than any monetary subvention can do. Any form of subvention can and will achieve its objectives only within the confines of a defined legal structure and protective framework.

The present effort by the Nigeria Copyright Commission, government’s organ responsible for enforcing copyrights laws and maintaining a safe legal environment for the entertainment industry is anything but effective. The judicial willpower to enforce copyrights and intellectual property laws is missing, the entire process is one huge politicised charade designed to show activity without generating results.
The music industry for instance needs the enforcement of public performance rights, which will create the incentive for record companies to licence their music for broadcasting and public performance. The proceeds from public performance of recordings and videos, in hotels, bars, clubs and restaurants, could amount to tens of millions of dollar per annum.

Another major concern is the question of how the fund will be accessed by entertainment industry practitioners? The entertainment industry in Nigeria is by and large an all comers affair, without a definite structure. The representative bodies and associations that exist presently have all been plagued with lawlessness, corruption and misuse of authority for personal aggrandizement, all evident within the music industry and nollywood for instance, and they cannot be said to represent the interest of their respective members.

In the absence of a safe legal environment and a U$200 Million subvention rainfall, I foresee a large percentage of this largesse going into the patiently waiting hands of the pirates. I imagine the pirates also joining in the jubilation and celebration of yet another round of windfall for their nefarious activities.
I believe the greatest need of the entertainment industry right now is a safe and legal environment that will guarantee the protection of the industry’s stakeholders and their investments, or else, the proverbial monkey will continue to struggle in hard work, while the baboon playfully reap the harvest.

So, respect for intellectual property and copyright laws are in Nigeria’s own self-interest. When the Oil wells and gas deposits are long gone and depleted, the wells and deposits of human creativity and talent constituting intellectual property will never run dry or deplete. If the potential of the Nigeria entertainment market is to be genuinely unlocked, government must create as a matter of priority a safe, enforced legal environment for the protection of the industry’s stakeholder’s investments.

Toyin Adeniji
Principal Consultant, Music Business Network.
www.musicbusinessweekly.blogspot.com