Global IP Matrix - Issue 8
Dear Readers We are delighted to present you with issue 8 of The Global IP Matrix magazine! Once again, we have fantastic content delivered to you by industry professionals who are experts in their field. This issue explores IP & Innovation in Africa, anti-counterfeiting measures in the Caribbean, IPR Infringement in China, plus many more engaging articles around the IP ecosystem. It's been a challenging few months; however, we are grateful that our clients and contributors share our vision. Together, we are heading for better times. We cannot thank our authors enough for their time and efforts to keep you, our audience up to date with news and stories from their own perspective and expertise. Look out for our next edition, in January 2021 and until then, stay safe, healthy & happy. Elvin Hassan – Editor
Dear Readers
We are delighted to present you with issue 8 of The Global IP Matrix magazine!
Once again, we have fantastic content delivered to you by industry professionals who are experts in their field.
This issue explores IP & Innovation in Africa, anti-counterfeiting measures in the Caribbean, IPR Infringement in China, plus many more engaging articles around the IP ecosystem.
It's been a challenging few months; however, we are grateful that our clients and contributors share our vision. Together, we are heading for better times.
We cannot thank our authors enough for their time and efforts to keep you, our audience up to date with news and stories from their own perspective and expertise.
Look out for our next edition, in January 2021 and until then, stay safe, healthy & happy.
Elvin Hassan – Editor
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ONLINE STREAMING
SERVICES IN NIGERIA:
The Gold, the Legal Considerations
Authored by Ifeanyi E. Okonkwo, Associate at Stillwaters Law Firm,
Nigeria - www.stillwaterslaw.com
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1. Introduction –
The gold
Entertainment and Media
(E&M), according to PwC
analysis, is a disruptive and
fast-growing concern. i The
fusion of these two channels
provides an effective
engagement for consumers
who have been reported by
Google to spend not less than
16 hours of their time online ii ,
searching for entertainmentrelated
content iii .
The right ‘Content’ is fundamental to persons
or companies looking at delving into the
goldmine of online streaming services. A
person/company looking at establishing an
online streaming service must first ask –
What area of content do I want to focus on?
Is such an area viable to consumers? Is it a
service for world-consumers or service for a
particular country? Is it a self-made content or
one affected by copyright? What regulations
do I need to abide by? What are the various
copyright laws in the jurisdictions of interest?
Netflix understood these questions early
enough and carved a niche for itself to reach
consumers from various parts of the world.
They have a content sourcing department
where new content is always added.
Sadly, the journey to this goldmine is not
without legal bottlenecks.
2. The Legal Consideration
Online streaming involves the broadcasting
of content online. The same can then be
viewed or streamed through various channels
like online TV, PCs, Android, Apple phones,
etc. Content like films/motion pictures are
cinematography and are subject to copyright.
In Nigeria, specific legal considerations are
imminent before exploring the business of
online streaming.
a. Consent
Section 6(c) of the Copyright Act of Nigeria
(LFN 2004) stipulates that subject to the
exceptions allowed, copyright in a work shall
be the exclusive right to control in Nigeria, the
doing of any of the following acts (concerning
cinematograph film):
• Make a copy of the film
• Cause the film, in so far as it consists of
visual images and/or sound, to be seen
in public or heard in public
• Make any record of the soundtrack
• Distribute copies of the work to the
public, for commercial purposes,
by way of rental, lease, hire, a loan, or
similar arrangement.
Under section 8 of the Act, the same copyright
exists in a broadcast.
Section 9 goes further to state that where the
owner of a copyright in any literary, musical,
or artistic work authorises any person to
incorporate the work in a cinematograph
film, and a broadcasting authority broadcasts
the film, the owner of the copyright shall be
deemed to have authorised the broadcast in
the absence of any express agreement to the
contrary between the owner and that person.
However, in the case of a musical work, the
owner will be entitled to fair compensation.
K
So, establishing an online streaming content
without consent is an infringement of the
copyright belonging to the author/owner. The
broadcast exception only rests on an initial
consent by the copyright owner. Therefore,
the copyright owner’s initial consent or a
collective society (where rights have been
assigned to them) is needed for every
broadcast of copyrighted content.
But what does the term ‘broadcast’ connote in
relation to online streaming services, and is a
licence required? Read on.
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