Copyright Infringement has become a widely discussed phenomenon in Nigeria’s thriving Nollywood Industry
Nigeria’s film industry, affectionately known as “Nollywood“, has grown exponentially to become a very large film producer globally by volume. With this growth comes increased international visibility, digital distribution opportunities, and—unfortunately—greater exposure to intellectual property disputes and copyright infringement. The recent controversy surrounding Omoni Oboli’s “Love in Every Word,” which garnered 7 million views within days before being removed from YouTube due to copyright claims, serves as a powerful reminder that Nollywood is bedevilled by intellectual property challenge.
The “Love in Every Word” Copyright Infringement Case Study
Love in Every Word: A Meteoric Rise and Fall
In early 2025, renowned Nigerian filmmaker and actress Omoni Oboli released the movie “Love in Every Word” directly to YouTube. Surprisingly, the movie achieved remarkable national visibility and social media buzz, garnering approximately 7 million views in a matter of days post-release. This impressive performance demonstrated both the filmmaker’s popularity and the growing global audience for Nigerian content on digital platforms.
However, YouTube abruptly delisted the film from its platform after Chinonso Obiora filed a copyright infringement claim in respect of same claiming that elements of the movie infringed on their original work. This high-profile case sparked industry-wide controversy and social media discourse around copyright protection.
Resolution and Return
After addressing the copyright concerns, “Love in Every Word” was eventually restored to YouTube. The temporary removal, however, likely impacted the film’s momentum, audience reach, and revenue potential. The situation highlights how even established filmmakers can face significant challenges when copyright issues arise, particularly on digital platforms where content removal can be swift and consequential.
Copyright Law in Nigeria’s Film Industry
Legal Framework
Nigeria’s copyright protection is primarily governed by the Copyright Act which protects literary works, musical works, artistic works, cinematograph films, sound recordings, and broadcasts. The Nigerian Copyright Commission (NCC) enforces these protections, but awareness and implementation remain inconsistent across the industry. Furthermore, awareness among Nigerians is abysmal, and this includes amongst even filmmakers who risks losing investments in projects in case of copyright disputes.
Common Misconceptions
Many Nigerian filmmakers operate under several misconceptions about copyright law:
- “Changing the characters and certain percentage of the makes it original“: Once a work is protected as a person’s intellectual property, then it is protected. There is no fixed percentage that determines originality of a (new) work which copies the original. Even minor copying of distinctive elements can constitute infringement and the owner of the IP can take steps to prosecute infringers of their work.
- “If there’s no copyright notice, it’s free to use“: Many filmmakers believe that if there is no copyright notice on a work, or, even if there is, and they cannot identify the copyright owner, then they can use the work as part of theirs. Copyright protection is automatic upon creation; no registration or notice is required to receive basic protection under the law. As such, it is the filmmaker’s duty to seek out the copyright holder in a work they intend to add to their own commercial projects and ensure they obtain clearance and release to use same in their work before they go ahead to use such. Unauthorized usage of copyrighted material can lead to serious penalties (such as takedowns which Love in Every Word faced on YouTube when the platform yanked it down).
- “If it’s on the internet, it’s in the public domain and free to use“: Contrary to this popular misconception, content found online belongs to someone. Someone uploaded it to online; someone owns it, and that content is copyright-protected unless its copyright period has lapsed, or unless it is explicitly stated otherwise.
- “Giving credit prevents infringement“: Simply attributing the original creator does not eliminate the need to seek for permission to use copyrighted material. So, merely attributing ownership/authorship to the rightful owner does not mean you are not infringing on the owner’s content, especially if you are exploiting the content for commercial purposes.
Common Copyright Infringement Pitfalls for Nigerian Filmmakers
Script and Storyline Infringement
The foundation of any film is its script, making this a critical area for copyright consideration. Filmmakers must ensure their scripts are either original or properly licensed. It is not enough that they are purchasing an already prepared script from a scriptwriter; they have to ensure that the script is absolutely an original script, and, if not an original script, that they obtain the appropriate licence (in writing) from the copyright owner the script was derived from. Copyright infringement can occur when:
– Adapting literary works without permission
– Using another screenplay’s distinctive dialogue, characters, or plot elements
– Developing derivative works based on copyrighted content
Music and Soundtrack Licensing Issues
Music rights are particularly complex, involving multiple potential rights holders:
– Composers who create the musical compositions
– Lyricists who write song lyrics
– Performers who record the songs
– Record labels that own sound recordings
Unfortunately, Nigerian filmmakers and even telecommunications companies often underestimate the need for multiple clearances for a single piece of music. Even commissioning original music requires clear contractual language regarding ownership and usage rights. Little wonder many movies showcase original soundtracks and scores to the minimum, especially if they were working with smaller budgets.
Visual Elements and Derivative Works
Visual copyright considerations extend beyond the script to:
– Set designs and distinctive visual elements
– Choreography and dance sequences
– Artwork appearing in scenes
– Stock footage and archival material
Each visual element may require separate clearance, especially when the film will be distributed internationally or across multiple platforms. This creates the need for a comprehensive series of scrutiny of applicable works, clearances sought and obtained, IP licenses, et al, to ensure that there are no copyright infringements.
Preventive Measures for Filmmakers to prevent Copyright Infringement
Due Diligence Practices
Before and during production, we advise filmmakers to:
– Conduct thorough research on script elements to identify potential similarities to existing works
– Document the creative development process to demonstrate originality and keep records of the entire documentation for future reference and use
– Search relevant copyright databases for similar works to ensure that their works are not infringing on the elements of prior existing art
– Consider commissioning a formal copyright clearance search for high-budget productions
If the filmmakers cannot do these themselves, they can engage IP lawyers and law firms like Kabbiz Legal to assist them with the heavy lifting so their due diligence checks are thorough and reveals any possible IP conflicts.
Proper Documentation and Contracts
Tied closely to extensive due diligence processes is the need for numerous documentation to cover the IP of other creators that are appearing in their works. These essential documentation includes:
– Work-for-hire agreements with all creative contributors
– Assignment of rights documents
– Location release forms that include intellectual property considerations
– Talent releases covering image rights
– Music licensing agreements where applicable
– Chain-of-title documentation for adapted works
The need for Legal Consultation in Nollywood film-making
Many Nigerian creatives in Nollywood overlook and underutilize legal counsel in their creative endeavours both during the creative process and post-production. However, engaging qualified legal counsel who are specialists in IP law, Media and Entertainment law can help:
– Identify potential copyright issues before they become problems
– Draft and review contracts to ensure comprehensive rights coverage for all applicable works
– Navigate complex international distribution rights and agreements, as applicable
– Develop a copyright compliance strategy tailored to the specific production
Copyright Infringement in the Digital Era
Streaming Platforms and Global Visibility
Unlike in the past where people relied on physical releases of copies of movies and other creative works, the Digital Era ushered in rapid advancements and unparalleled global distribution of creative works. All it takes for a creative work to reach viewers in different parts of the world is for someone to hit the “publish” button on the dashboard of a Platform account and the work hits the Ether. Thus, Digital distribution has fundamentally changed the risk landscape for Nigerian filmmakers:
– Content is immediately accessible worldwide, exposing it to scrutiny in multiple jurisdictions at the same time
– Automated content identification systems can quickly flag potential copyright issues with rapid speed and algorithms unmatched by human input
– Platform policies often favor removal pending investigation rather than keeping content live pending investigation
Increased Scrutiny and Copyright Monitoring
The aforementioned “Love in Every Word” case demonstrates how quickly digital platforms can act on copyright claims. YouTube’s Content ID system and similar technologies automatically scan for matching content, making detection of potential infringement almost instantaneous. This instantaneous matching for copyright owners makes it easier for them to file copyright infringement disputes on similar content and having them taken down rapidly.
Speed-to-Market vs. Proper Clearance
The competitive pressure to release content quickly may tempt filmmakers to cut corners on copyright clearance. However, as Omoni Oboli’s experience shows, the consequences of inadequate rights clearance can be severe:
– Content removal
– Lost revenue
– Damage to earned reputation
– Potential legal action
– Costs of remediation and legal defense
When a case of inadequate rights clearance catches up to a filmmaker, it automatically puts them in a highly defensive position and opens them up to higher monetary liability as they may likely push for a rapid resolution (through monetary compensation) in order to get their de-platformed works re-added so they do not lose out massively on revenue.
Recommendations for Nigerian Filmmakers
Practical Steps to Ensure Copyright Compliance
- Establish a rights clearance checklist for every production
– Script clearance review
– Music rights clearance
– Visual elements verification
– Third-party content identification - Implement a robust chain-of-title tracking system
– Document the origin of every creative element
– Maintain organized records of all rights acquisitions
– Create clear responsibility assignment for rights management - Budget adequately for rights acquisition
– Include licensing costs in initial budget planning
– Account for potential international distribution rights
– Consider contingency funds for unexpected clearance issues - Develop relationships with rights holders
– Establish direct channels with music publishers and stock footage libraries
– Consider blanket licensing agreements for recurring needs
– Join industry associations that facilitate rights discussions
Building an IP-Conscious Production Culture
- Educate creative teams on basic copyright principles
- Incentivize proper documentation throughout the creative process
- Celebrate originality and proper licensing as company values
- Share lessons learned from copyright challenges transparently
- Host workshops for filmmakers in Nollywood to understand the dire implications of IP rights infringement and how it can negatively impact their reputation and bottomline
Conclusion
The “Love in Every Word” controversy serves as a timely reminder that even the most successful Nigerian filmmakers must prioritize copyright compliance. As Nollywood continues to gain international recognition, the stakes for intellectual property protection will only increase as more and more creatives will want to protect their works and even actively push to license their works to be included in big-budget productions. They would also want to be duly compensated and would take all necessary steps to protect their works, and this includes takedowns of works that infringe on theirs.
Forward-thinking production companies will integrate copyright considerations into their creative process from concept to distribution, viewing proper clearance not as a burden but as an essential element of professional filmmaking. By establishing clear protocols, maintaining thorough documentation, and seeking appropriate legal guidance, Nigerian filmmakers can protect both their own creative works and respect the intellectual property of others.
Our intellectual property practice routinely provides specialized guidance to filmmakers and production companies across Africa, helping them navigate the complex landscape of copyright protection and licensing. We also serve as local counsel for international media companies seeking to understand Nigerian IP regulations. Whether you’re developing a new production, facing copyright challenges, or need assistance with rights clearance, you can contact us at contact@kabbizlegal.com or call +2348064231176 to schedule a consultation.
This article was written as a Thought Leadership post for our Intellectual Property Law practice group at Kabbiz Legal & Advisory.
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