Thespains must keep pace with technology

 

‘Thespians must keep pace with technology’

 

By Ozolua Uhakheme

Assistant Editor (Arts)

 

“The battle for control remains till this day as new platforms of exploitation keep emerging and the law is trudging behind technology. How do we respond and reposition the rights of performers to benefit from the new technologies with models that guarantee sustainable coexistence, profitable business and the continued relevance of performances as a vehicle for the transmission of culture, social harmony and economic prosperity. Yesterday, it was the VHS; today it is streaming, social media and the manipulative power of Artificial Intelligence.”

With that advice, the Director General, Nigerian Copyright Commission (NCC) Dr. John Asein tasked the Nigerian theatre practitioners to be well-versed in the legal mechanism that protects them and their performing rights. He urged the practitioners to understand the strategic importance of intellectual property, particularly copyright and how to navigate the intersection.

Dr Asein who spoke at the NANTAP National Delegates Convention, in Lagos said that as theatre practitioners, ‘we often use others’ works as we create our own. Our works are wrapped in creativity and as creators we deserve to enjoy the fruits of our labour. But, in a rapidly evolving world, it is imperative that we are not only skilled in our craft but also well-versed in the legal mechanism that protects us and our rights.’ The theme for the five-day convention, which opened at Glover Memorial Hall, Lagos last week was Theatre, Politics and National Development.

In his keynote titled: Performer’s Rights Under The Nigerian Copyright Act (Light, Camera, Action!) Dr. Asein stated that it is crucial for performing artistes to understand their rights, leverage the protection that intellectual property offers, and be proactive in managing their works in the digital age. By doing so, he said, practitioners can ensure that their creativity continues to thrive while being properly compensated and respected on both local and global stages.

He noted that the intersection between intellectual property and the performing arts is dynamic and multifaceted, and as such, as performing artistes create works that resonate with audiences, their intellectual creations must be protected, respected, and compensated.

According to him, intellectual property, especially copyright law, provides the legal framework that enables performers to maintain control over their creations and benefit from their labor. “With the rise of new digital platforms, collaborations, and globalized distribution, the intersection of IP and the performing arts will continue to evolve, presenting both opportunities and challenges for artistes. I have deliberately limited my thoughts to copyright but there are other aspects of intellectual property that should be of interest to the performer. Branding, image rights and use of likeness, styles and plots, issues with voice overs, adaptations, etc. The law cannot provide exclusive rights in all these cases but there is need to continue the conversation and identify the gaps that need to be addressed and how best to do so.”

He identified new areas NCC will be ready to partner NANTAP which include strengthening performer’s rights protection, identifying gaps in the value chain and address them through administrative and legislative actions; explore sui generis solutions for areas outside copyright’s scope, developing strategies for copyright education and training for service providers and Theatre Arts Departments in our schools, addressing emerging trends and create legal frameworks to safeguard performers in the digital age, creating a more constructive role for theatre practitioners within the copyright ecosystem, activating the provisions on the protection of expressions of folklore and working together to ensure the protection and growth of our creative industry.

“There is a need to address emerging trends and create legal frameworks to safeguard performers in the digital age, create a more constructive role for theatre practitioners within the copyright ecosystem. The team will also look at activating the provisions on the protection of expressions of folklore and work together to ensure the protection and growth of our creative industry,” he said.

Dr Asein noted that with the rise of new digital platforms, collaborations, and globalised distribution, the intersection of intellectual property and performing arts would continue to evolve, presenting both opportunities and challenges for artistes. He added that as part of the call to action, the commission would develop the outcome of the session into a publication on Copyright and Theatre Arts. This, he said, would be a tribute to two Nigerians who greatly influenced the emergence of performer’s rights in Nigeria. “These are Dr. Sylvester Agbaje-Williams, a theatre enthusiast and key contributor to our modern copyright system; and Chief Hubert Ogunde, the doyen of Nigerian theatre, who advocated the inclusion of performers’ rights in the Copyright Act in 1988,” he added. 

In his remark, NANTAP President, Mr Israel Eboh said that from the dawn of civilization, theatre has held up a mirror to society, chronicling its struggles, triumphs, and aspirations. He added that theatre has shaped ideologies, questioned power structures, and fueled revolutions. “Whether in ancient Greece, where drama was a tool for civic engagement, or in contemporary Nigeria, where theatre continues to challenge and inspire, our craft has always been at the forefront of shaping discourse…While we celebrate how far we have come, we must also recognize that the journey is far from over. The future of Nigerian theatre is bright, but its continued growth demands our collective effort, dedication, and resilience,” he added.

According to him, this is the time for NANTAP and NCC to work together in view of the need to create awareness on the existing laws.

“We have the human resources. You have the technical requirements. I think the problem with practitioners has to do with intellectual laziness. It is unfortunate. How much of the laws we know do we apply to the work we do? We need a change,” he said.

The conference also witnessed panel session featuring Director, NCC Lagos Office Mrs Lynda Alphaeus, Professor of Law, Babcock University, Prof Dorcas Odunaike, and Mrs Ugo Obiayo. Mrs Alphaeus said the present copyright law could compete favourably with world practises but unfortunately artistes had failed to internalise the content for their use. She advised the artistes to take their time to read and understand the laws to be able to apply it.

 “The 2022 Copyright law has made provision for the protection of works on the social media space. It allows NCC to set up dispute resolution panels to resolve copyright infringement cases. The new copyright laws now allows artistes to register their works with NCC to tackle issues of ownership, this will ensure further protection of individuals’ intellectual works,” she said. Prof. Odunaike stressed the need for Nigerians to be reorientated on every aspect of the Copyright laws.