Problem and Prospect of Small Scale Business

THE NIGERIAN HOME VIDEO INDUSTRY: A SURVEY OF THE ACTIVITIES OF VIDEO RENTALS AND THE COPYRIGHT LAW PRESENTED BY ABDULRAHMAN MALIK AT THE WEEKLY SEMINAR ORGANIZED BY THE PERFORMING AND VISUAL ARTS DEPARTMENT, KWARA STATE UNIVERSITY MALETE MARCH, 2013 ABSTRACT The Nigerian entertainment industry, particularly the movie sector has been battling with the problem of copyright infringement in the last two decades or more. In spite the legal framework put in place, (i. e. copyright Act 1988 and at its various amendments) to check the activities of copyright violators, the problems persist.

The worst hit by this seemingly intractable problem is the video film production industry which is being confronted not only with the problem of piracy but also that of illegal video rental operators activities who are reaping heavily from where they did not sow. This is course, at the expense of film producers, most of whom are only striving to make ends meet in spite of the enormous efforts (material and financial) they regularly put in the production of the movies.

This unfortunate situation informed this study which critically looks at the activities of video rental outlet in the context of the provisions of the copyright Act of 1990 and the subsequent 1988 amendment relating specifically to the activities of video rental outlets. The study shows that through while the establishment of video rental outlets is approved by the law, most of the operators, particularly those in Kwara State are not compliant. Similarly, most of the film producers have also failed to comply with the basic provisions of the 1999 copyright amendment Act, thereby aking both the video rental operators and the film makers culpable. Thus in ensuring a way forward for the video film industry in Nigeria, this paper suggests that a regime of an effective monitoring of the operations of video rentals and as well as better compliance level of the film makers with the provisions of the act. This can be effectively done only if the copyright commission, the body changed with this function is adequately funded and equipped for the role for a more meaningful order.

INTRODUCTION Although film exhibition started during the colonial era with Glover Memorial Hall hosting several films shows which were viewed by Lagos residents since 1903, actual film production in Nigeria did not begin until after the nation’s independence in the 1960s. After the initial productions, early Nigerian film makers could not sustain the film production business because of it high cost of production and the non-commensurate income generated from the investment in the industry.

As a result, there was the need to look for cheaper and more profitable ways of producing movies in Nigeria. As clearly submitted by Jonathan Haynes (2007) video film production in Nigeria began as a result of the general economic collapse that made celluloid film impossibly expensive. This is in addition to the sharp increase in violent crimes in Nigeria which made it dangerous to go out at night watch films at the cinema houses.

Reprieve however came for film practitioners in Nigeria in 1992 when a local entrepreneur, chief Kenneth Nnebue produced and released the first popular and commercially successfully video film, “Living in Bondage” the success of the film marked the beginning of massive production of local video films with complete indigenous content and local artistes who later became big stars in the industry. From then on, many entrepreneurs began funding video film production due to the huge profits that they generated while studies began to emerge for post production work on these films.

Nollywood, as the Nigerian video film industry is popularly referred to has within the short period of its existence recorder remarkable successes. Jonathan Haynes (2007) says; in a mere two decades, Nollywood has become one of the world’s most important creative industries. It has been an explosive commercial success with vast numbers of videos available in shops on streets. The boom in video film production and sale is not restricted to Nigeria as Nigerian films find their way into other African countries, Europe and America as well as other parts of the world”.

Because of the movies indigenous contents with local artistes, they are easily accepted by Nigerian viewers in all parts of the country, particular with their production in various Nigerian languages. Today, the Nigerian video film industry is a success story with an output of between eight hundred (800) and one thousand and five hundred (1500) films per year (Jonathan Haynes (2007), making it one of the most productive in the world.

Unfortunately, this success has been hijacked by pirates and video club and rental operators who for more than two decades have become very powerful and brazen that they often operated openly without the least regard for the copyright Act or the presence of law enforcement agents. This paper therefore intends to critically appraise the activities of video rental operators particularly those in Kwara Sate with a view to assessing their level of compliance with the provision of the copyright Act, 1988 and 1999.

It will also make recommendations on how best the video rental operators and the video film producers can best do their respective businesses in a symbiotic manner for the healthy growth and development of the video film production industry in Nigeria. Historical Perspective In view of the fact that the first film exhibition dates back to 1903, during the colonial in Lagos, the introduction of cinema in Nigeria can be said to have spanned over one century.

However, movie production started in the country just over fifty (50) years ago with two foreign companies, Latola films which had its first production in 1962 and Calpeny Nigeria limited which followed in the seventie, (Duve Anan 2011). The production of the first Nigerian film, “Kongi’s Harvest” (1971), based on a play written by Wole Soyinka was spearheaded by Calpeny Nigeria limited. This was followed by the production of series of films by Nigerian producers/directors with the Yoruba Travelling Theatre group spearheading the early movie productions in the 70’s and early 80’s.

The list of documented film during this period include “ALPHA” (1972) “Bull Frog in the Sun” (1974), “Amadi” (1975) “Bisi Daughter of the River” (1977), “Ija Ominira” (1978), “Cry Freedom” (1981) and a host of others. Some of the earliest directors included Ola Balogun, who directed “Amadi” (1975), a movie that featured pre-civil war Nigeria, “Ade Folayan” (Ade Love), Hubert Ogunde, Moses Adejumo and Adebayo Salami. All these early directors/producers produced their films on celluloid which was very expensive to shoot and process since the films had to be sourced and processed from overseas.

Unfortunately for the film producers, the box office returns realized from the movies did not commensurate with the huge investment in the industry, leading to serious frustration. The economic crises of the 1980s, particularly the introduction of the Structural Adjustment Programme, (SAP) and the subsequent depreciation of the naira did not help matters for the movie industry as film production became more expensive and virtually impossible for the Nigerian movie producers.

According to Adeleke (2003) by that time, many Nigerian directors or producers went bankrupt while trying to create movies on celluloid, leading to the virtual extinction of, celluloid film production in Nigerian. Augusta Okon (2009) Notes that economic reasons and the fact that some of the movies had started featuring on television series and on video tapes gave rise to the experimentation of film production on video tapes. She observes further that “The deluge of VCR in the 1980s created a paradign shift from to the VHS format made production easier, faster and cheaper by a milestone in comparison with the former”.

This finally led to the shutting down of most cinema houses in Nigeria. For film producer in Nigeria as rightly observed by Melita (2009) Zajc, the shift to video resulted from or mixture of factors, significant among which is economic. Advent of Home Video The emergence of the home video was therefore, partially necessitated by the need to provide suitable alternative for movie viewers since most of the cinema homes were no longer functioning the home videos. The home video therefore provided the much needed alternative to the cinemas.

Infact, the home video quickly became more convenient an viewers could seat within the comfort of their homes and watch the movies in the V. H. S format via a Video Cassette Recorder, VCR. Film makers therefore capitalized on the gains of the Home Video concept and began producing movies initially in Yoruba before going into the production in other Nigerian Languages. Although it is generally believed that “Living in Bondage” is the first movie produced on Video Tape in 1992 historical fact have show that this may not be right.

This is because some Yoruba movies had earlier been produced on video before the production of “Living in Bondage” by Ken Nnebue August Okon (2009) explains that Late Alade Aromire had produced movies such as “Ekun” Oniye (pts 1-3), Obirin Asiko, Ayo nio, Adun, Orise which were released to the public between 1985 and 1991. In addition, ken himself had sponsored commercial movies in Yoruba Language which included “Ina Ote”, Aje N’iyami and others. It is also important to note that several “Yoruba dramas” on TV were mass produced on (VHS) tapes and sold to the public before 1992.

This is an addition to other recorded television programmes on VHS which were made available to the Nigeria viewers. One fact however remain undisputable and that is Living in Bondage was the first movie produced on video that recorded huge commercial success in Nigeria. After the first blockbuster in the video film industry by Kenneth Nnebue. More Nigerian film producers started producing their movie on video. According to Melita Zajc, (2009) a year later i. e. 993 a national Film Festival was held for the first time and about fifty (50) Yoruba films, Twenty five (25) English, Five Hausa and One Igbo Films were shown and all were on video. Balogun (1998) further confirmed this when he stated that from 1994 when the Nigerian Film and Video censors Board firstly reviewed videos until 1998 only one film viewed was shot on celluloid. (Ugo 2007) He added that between 1994 and April 2005, the board reviewed four thousand and Six hundred (4,600) films but only one of them was celluloid production.

From the explanation made so far it can be clearly seen that the exclusion of celluloid is an essential part of the rapid growth of the Nigerian video film culture. Because of its case of production, the availability of portable video equipment and the low budget involved, video film making grew rapidly in Nigeria. According to Ugor (2007) even the unemployed but creative individuals soon found their way into the industry, which easily provided lucrative means of livelihood for them.

In fact, many entrepreneurs began to invest in video film production due to the profit it generated, leading to the chunning out of about two hundred (200) films monthly (Wikipedia). Unfortunately, the initial success was highjacked by copyright violators including pirates and video rental or club operators who have been operating without the least regard for the Copyright Act or the various law enforcement agencies. THE VIDEO FILM INDUSTRY AND COPYRIGHT VIOLATORS

The basic aim of any movie producer is to make economic gains from his or her investment. However, the situation in Nigeria is rather different mainly because of the increasing activities of copyright violators who believe that they have the right to exploit a product without seeking permission from the right owners. Consequently, in spite of the 1988 copyright Act and its subsequent amendments in 1992 and 1999, copyright owners in the motion picture industry are languishing in poverty.

The 1988 copyright Act no doubt made adequate provision for the protection of the rights of the movie producers. For instance, section 5(i) (c) provides clearly that any of the under-listed acts amounts to copyright infringement without seeking the approval of the copyright owner. These include among others; (i) Making a copy of a film (ii) Causing the film in so far as it consists visual images to be seen in public and in so far as it consists of sound to be heard in public. iii) Making any record embodying the recording in any part of the sound track associated with the film by initializing such sound track, and (iv) Distributing to the public for any commercial purpose, copies of work by way of rental, lease, hire, loan or similar arrangements. In spite of this legislation which seems to provide adequate protection for right owners in the motion picture industry, not much has been done in the areas of effective implemental to check the activities of pirates and other copyright violators.

It is however interesting to note that while the 1988 copyright Act does not seem to acknowledge the activities of video rental operators, the 1999 amendment appear to have given recognition to their activities but with some conditions which have been clearly spelt out the amended Act which is referred to as Copyright (Video Renal) Regulation, 1999 provides for accreditation of outlets, compliance with relevant laws, acquisition of certificate of accreditation, keeping of books and returns acquisition of rental copies (jacket copies) from film makers, under taking against infringement and payment of stipulated fees to the commission.

In other words, anybody that engages in video rental business for commercial purposes in expected to apply to the Copyrights Commission for accreditation to carry on the business. Secondly, no person shall be accredited unless he or she has complied with the national Film and Video Censors Board Decreed and all other requirements as may be prescribed by the regulatory law.

Thirdly, after being accredited, a rental outlet with be given a certificate of accreditation by the Nigerian Copyright Commission and the accreditation will be renewed annually and the commission will maintain a register of all outlets approved and accredited to carry on the business of video rentals. Fourthly, every accredited rental outlet is expected to keep such books and make periodic returns as maybe required in the manner prescribed by the commission.

Fifth, each copyright owner in expected to make available to the accredited rental outlets, specially packaged copies of his film in library jackets or any other format as may be prescribed by the commission to be designated as rental copies for the purpose of licensing the rental outlets to commercially, distribute same to the public. This therefore means that no production shall be offered or used for rental except it in specially packaged in the library jacket or any other prescribed format. Sixth, every accredited rental outlet shall give an undertaking not to produce or otherwise engage in any form of copyright infringements or buses. Failure to honour any of the undertakings so given may lead to forfeiture of license. Lastly, the commission shall from time to time prescribe the fees to be found in relation to the transactions under the regulation. See Copyright amendment Act(1999) From the afore listed amendments to the copyright Act, it can be said that the law seeks to provide adequate protection for right owners in the movie industry while legitimizing the operation of video rental operators who comply with the provisions of the Act.

But the question is, to what extent have the video rental outlet operators complied with the provisions of the law? Similarly, have the right owners too honoured their own aspect of the legal requirement? The answer to these questions is “No”. In spite of the seeming friendly position of the law to the video rental business, illegal rentals have continued to grow in multiples in various part of the country. Most of them operate in barbers shops, make shift shops or kiosks, restaurants, and a host of other places.

Even some move from one office to the other offering films for rentals without the least fear of violating the provisions of the law. In effect, there is no town or village in Nigeria where there is no one form of video rental or the other. When the video rental business started about three decades again Nigeria it recorded a big boom as most Nigerians could not afford regular. Purchase of VHS movies of satisfy their increasing desire for movies at home, a period when the cinema houses were folding up. The rental outlets therefore provided a way out with the renting of a video cassette with as little as Fifty Kobo (50k) then.

During that period, the films used for rental were mainly American and Asian films since Nigeria films were non existent at that period. According to Frankhin Ozekhome, (2012) for indigenous viewers who preferred Nigerian local movies recorded television programmes on VHS tapes were made available. However, the situation presently in different as all the films on display and available for rentage are Nigerian movies, most of whom are not the appropriate copies meant for rentals. Video films rentals therefore stated in various form before the advent of the Nigeria home movie industry.

At times some of the violators combine rentals with recharge card retail business and video viewing as their shops are usually equipped with a television monitor, a video or (DVD) player and a few chairs. The furniture arrangement is mainly for those who may be willing to spend some time in the barber’s shop or other outlet to wait and watch a film of his or her choice while those interested in renting pick their selected films from the list of the Video films in colourful jackets or cases on display on eh shelve and leaves.

Although the video rental outlets are located everywhere in Ilorin, the Kwara State capital for instance, it has not been easy to known their population, mainly because of the operators refusal to comply with the provision of the 1999 amendment to the Copyright Act which requires them to seek accreditation and registration with the Copyright Commission. The head of the Kwara State Office of the Copyright Commission in Ilorin, Mrs.

Juliet Akinwumi regretted that the video rental operators in Kwara State have refused to comply with the provision of the Act which requires them to seek the commission approval before operating their outlets. She explained that in spite of efforts made to educate them on the importance of complying with the law, none of them has applied for accreditation at the commission, thereby making their operations illegal in the state. According to Mrs. Akinwumi, operators of the video rental outlets find it more convenient to pay their association’s fees and other charges than following the due process of the law in their business.

She however explained that lack of the necessary working tools and resources and the lukewarm attitude of most copyright owners have made it almost impossible for her office to effect regular monitoring, arrest and prosecution of the persistent copyright law abusers and violators. The Director of the Kwara State Council for Art, and Culture Mallam Yunus Abdulkarim stressed further the importance of the compliance by video rental outlet operators when he rightly observed that it will lead to the reduction or elimination of the patronage of pirated copies.

The keeping of books of rented films he noted will assist in ascertaining which films are attracting more patronage. While blaming the video rental outlets for their infringement of the copyright law, Mallam Abdulkarim also added that most of the film producers are equally guilty for failing to provide the jacket copies which make the rental operation legal. This he said, compels the video rental operators to buy the films meant for the general public for their business.

Instead of the jacket copies. Inspite of their refusal to produce the jacket copies he noted the film makers conduct occasional raids on video rental outlets, during which they succeed in collecting some money from them for the use of their products. However, one of the video rental operators who agreed to talk to this author after several efforts said they could not effort to pay for the processes of acquiring accreditation certificate from the copyright commission.

He said all of the operators belong to various associations to which they pay specific fees in addition to paying annual fees to the National Film and Video Censors Board which inspects their outlets for approval. This is an addition to what he described as special contributions by the owners of the outlet to eh film makers. This writer however found out that while the rental outlet owners have been familiar with the annual payment to the National Film and video Census Boards, They regard the requirements of the Copyright Commission as an additional burden or a duplication of charges which they should of excused by totally.

Obviously film makers and marketers are not pleased with the situation in which the video rental outlet owners are reaping heavily from where they did not sow which informed the occasional raids they carry out on the outlets but this has been either difficult for the film makers or marketers who have neither the coercive force to enforce compliance no the where without to go round the various outlet in the nooks and crannies of the states.

According to a popular film producer in Kwara State, Alhaji Abdulfatai Dan Kazeem, far years back movie producers in Nigeria generally relied heavily on the assistance of now defunct Video Club Owners Association which ensured that the video rental owners procured their copies of released films directly from accredited marketers who sell to them only jacket copies. The costs of these jacket copies he explained are slightly higher because they include additional charges for Copyright acquisition. By this system he said, right owners including producers and marketers got value for their investments as the ssociation regularly raided video rental outlets to ensure that only jacket copies were rented out to patron. That welcomed development soon collapsed as some unauthorized person started using the platform of the association to raid video rental outlets to extort movies from them without making any returns to the right owners. The trend became rather frustrating to film makers and marketers, leading eventually to their stoppage of the production of jacket copies, more so when the video rental business is becoming less popular.

Secondly, according to Dan Kazeem, leadership tussle and other internal squabble within the association led to its ineffectiveness, culminating to the birth of another association called Video Rental Owners Association of Nigeria. The new association expectedly on inception, was better organized and carried out regular monitoring of Video clubs particularly, regarding their compliance with the provisions of the Copyright Act.

Apart from insisting on operating with only the jacket copies provided by the film producers or marketers, the Video Rental Owners Association also ensured adequate spacing between video clubs within the same environment in addition to making sure that the premises being used is properly equipped for the business. However, with the gradual lull in the video rental business as a result of the increasing access to video films through the various satellite stations at our disposal, the association Dan Kazeem added appears to have shifted attention from the video rental outlets to the raiding of privacy outlets.

They are now particularly attracted to the illegal producers of multiple films into a single DVD. A development which tends to have given the video rental outlets a field day in their operations, since nobody seems to look in their direction at least for now. In view of the difficulty in raiding the video rental shops by individual marketers and producer, couple with the drastic reduction in the number of functioning video rentals as a result of the new and old satellite stations that regularly transmit Nigerian home video, the film makers are overwhelmed by frustration and seem to have closed their eyes to the video rental outlets.

What appears to be of more serious concern to them is the problem of piracy which has been dealing heaving blows on their investments. Consequently, most of the film producers no longer care about the production of the jacket copies since most rental outlets now really on the ordinary ones packaged for the general viewers for their business. Conclusion It is a statement of fact the video rental outlets are scattered in virtually all major streets in Ilorin and indeed the whole of Kwara State and Nigeria as a whole.

It is also an altruism that hardly can one find any of the outlets that has taken the necessary pains to ensure compliance with the various provisions of the copyrights Act, particularly the 1999 amendment. Apart from operating in unsuitable environment, non according to the Kwara State Office of the copyright commission has sought or acquired accreditation certificate for its operation. Nevertheless video rental business continues unperturbed.

This paper has also observed that because of the ineffectiveness of the copyright Act on the video rental outlet, film producers and marketers appear to have been frustrated, more so since they lack the facilities and the coercive power to enforce the copyright Act on the violators. The result is the provision of a rather conducive environment for the violators who no longer fear facing the wrath of the law since the occasional raids on their shops are easily managed with the release of some money to the raiders who are usually member of their association and some few producers/ marketers.

So far, there has not been any recorded case of conviction of a video rental outlet owner for infringing the provisions of the Act. In spite of the fact that the Act provide, for both criminal and civil convictions, the few violators arrested during raids were usually released after some negotiations and settlements at the police station. In effect therefore, the right owners in Nigeria, unlike their counterparts in the western world can only struggle to reach modest goals even when their products are widely viewed. (Igwe, 2002). The Way Forward

There is no doubt that the intention of the Copyright Act. Is o to protect the rights of the movie makers to enable them enjoy maximum benefits from their work. Particularly, the right of the owners of the work to restrain third parties from producing, publishing, performing, translating, broadcasting or exhibiting the worth to the public goes to show the extent to which the right owner is protected. Even the violation of the right by video rental owners has also been fully taken care of in the 1999 amendment. Nevertheless, the abuses persist everyday.

Although government has equally set up various regulatory commissions to ensure compliance with the provisions of the Act in the film and Video sector (copyright commission and film and video census board) not much has been done to check the violations by the video rental outlets. What however seems responsible for the ineffectiveness of the law is government’s non challant attitude to its effective enforcement through lack of the provision of the necessary facilities that will enable the copyright commission function effectively.

For instance, the Kwara State Office in Ilorin which occupies part of the Kwara State Council for Art and Culture’s premises lacks all the necessary facilities that can enhance its job of monitoring the outlets within Ilorin, to talk less of those in other local government areas. Some of the film producers interviewed in Ilorin are therefore of the view that unless government makes its regulatory bodies in the film and video sector more effective, not much can be done to sanitize the abuse in the industry.

As rightly observed by Igwe (Ibid) the revenue from a functioning video business can easily support the activities of all operators. He added that “just an NAFDAC and NDLEA can draw up a list of fake products and dangerous drugs, a copyright register of works and establishments where they are used will aid copyright enforcers to conduct random inspections of various venues, exhibition halls, video clubs, anywhere copyright is being sold or shown”.

There is also the need for continuing education and enlightenment for rental club owners and their patrons to enable them appreciate the importance of their compliance with the Act to the nation’s, economic growth as well as the sustenance of the right owners in the movie industry. Finally, it is important to ensure that violators of the law are made to force both criminal and civil actions to enable them appreciate the gravity of their offence.

The situation whereby the cases of arrested illegal rental outlet operators are resolved at police stations does not in anyway help in the growth and development of the industry. It the efforts and intellectual works of film makers are continually frustrated through various act of copyrights violation film production in Nigeria will obviously be adversely affected there is need therefore the collaborative efforts between film producers, law enforcement agents and the Nigerian movie consumers in order to save the rising Nigerian movie industry from collapse.

It the Nigerian movie lovers refuse to buy or rent pirated copies, the better it will be for the nation and the cinema industry in the nation. REFERENCES Akinwumi, J (2013) Interview with this Author on 8th Jan, 2013 Anan, D (2011) Facts About Nigerian Movies, http://www. articlesfactory. com. Retrieved on 04-03-2013 Balogun, O. (1998) African Video Alternatives, the UNESCO Couries, 60(Nov). http://unesco. org/courier/1998. retrieved on 26-02-2013. Copyright Act, chapter 68, laws of the Federation of Nigeria, 1990. Dan Kazeem, A. (2013) Interview with this Author on 04-03-2013

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