Adebisi Olabanji 2014 The Effect of Digital Technology on Copyright: A Case Study of Online Digital Distribution of Nigerian Movies

Abstract

The subject matter of copyright has been evolving over the years. The response of copyright to diverse degrees of technological advancements is without doubt, unparalleled in the field of intellectual property. Copyright law has shown considerable ability to move with the trends even in the face of gushing threats presented by ever changing technology. This research work is a journey into the world of the Nigerian Film Industry on how it has utilized digital technology and the role which copyright plays. The study examined the status of copyright protection for creative owners in the digital era as it relates to distribution of Nigerian movies over the Internet i.e. whether there is adequate legal framework for protection of copyright works in the digital environment under the Nigerian legislation. The current structure and regulation of online digital distributors was also investigated. The purpose of the study is to improve the value capture for right owners over their movies and to project the possible opportunities that the Internet platform possesses to position Nollywood competitively globally if afforded adequate legal backing. The researcher employed a purposive sampling method which involved respondents who by their characteristics are experienced movie practitioners, management level officials of regulatory agencies and a senior official in a digital distribution firm. Data was obtained through semi-structured interviews, electronic mail and secondary online resources. Presented in narrative prose, the qualitative data went through a content analysis of the interviews in order to identify the main themes that emerged from the respondents. The study found that although the subsisting law does not inhibit digital exploitation of their works, it is still not adequate to protect the film industry as a whole in the digital era. The study unveiled how Nigerian movies are distributed online, the main players and level of awareness of movie makers of the Internet as a contemporary distribution platform. The research recommends among other things that Nigeria ratifies the WIPO internet Treaties with reservation, that the Copyright Act be updated to incorporate certain digital rights, and that the Nollywood industry be educated on copyright transactions in order for them to get the most benefits from distribution of their creative works