Empowering artists, navigating legal, contractual issues in creative economy

Shyllon Museum, Law Firm, Others Empower Nigerian Artists With Copyright Protection

In Nigeria, the creative industry has faced significant copyright issues owing primarily to widespread piracy and a lack of awareness regarding intellectual property rights.

The Nigerian Copyright Commission (NCC), the agency responsible for copyright issues, has faced a plethora of challenges, which include, poor financing, mobility, insecurity, favouritism, poor enforcement mechanism, poor information and communication technology (ICT) knowledge, poor equipment for the implementation of the anti-piracy policies and so on. This copyright challenge, no doubt, has hindered the sector’s growth despite its potential.

The Copyright Act of 1970 was insufficient for creatives and has failed to actively combat piracy and other infringement issues. After being promulgated in 1988, the law was amended in 1992 by virtue of Amendment No. 98. The Act was incorporated into the Laws of the Federation of Nigeria 2004, which has now been repealed by the Copyright Act 2022 that was signed into law on the March 17, 2023 and published on the official gazette No. 56 Vol 110 on March 27, 2023.

The new copyright act aims to address these challenges by providing a more robust legal framework to protect creators’ works and incentivise innovation within the creative industries. The objectives include protecting the rights of authors to ensure just rewards and recognition for their intellectual works, providing appropriate limitations and expectations to guarantee access to creative works, facilitating Nigerians’ compliance with obligations arising from international copyright treaties and conventions, and to ensure the capacity of NCC for effective regulation, administration and enforcement of the Act.

Recently, the Yemisi Shyllon Museum of Art (YSMA), Pan-Atlantic University in collaboration with the Guild of Professional Fine Artists of Nigeria (GFA) and Kenna Partners hosted a transformative workshop, titled, Empowering Artists: Navigating Legal and Contractual Issues in the Arts World, at the museum on January 17, 2025.

The YSMA is a leading art institution, which is committed to service and impact through the preservation and showcase of the rich artistic heritage of Nigeria. With an extensive collection of artworks spanning centuries, it offers a diverse range of exhibitions, educational programmes, and activities designed to create immersive experiences for visitors and to enrich the cultural landscape of Nigeria.

The workshop, first of its kind in Nigeria, placed a spotlight on copyright practices and intellectual property rights, emphasising their pivotal role in protecting artists’ works, fostering innovation, and driving national development.

Museum Director, Dr. Jess Castellote, highlighted the museum’s commitment to empowering the creative sector: “At YSMA, we recognise that the creative economy is a driving force for innovation, cultural preservation, and economic growth. By equipping artists with knowledge of their rights, particularly around copyright, we aim to bridge a crucial gap that not only strengthens their careers but also supports national development,” he said.

In his address, Prof. Fabian Ajogwu, Senior Partner at Kenna Partners, commented on the role artists play in immortalising history through their art and the need to protect their rights.

He said: “As artists, you are the brains that create value in the society; you are the finest lines that document our culture, and express who we are, our history and journey as a people. In the business of art, it is vital to know your rights, to enable you make informed decisions and set the terms clear in your dealings and professional practice.”

The facilitators, Okechukwu Ekweanya and Ifunanya Ikwueto, addressed the critical need for awareness and enforcement of art-specific agreements, which, if overlooked, not only short-change artists but also hinder the creative sector’s potential to significantly contribute to the economy.

At the heart of the discussion was the recognition of copyright as an invaluable asset that secures legal rights and income opportunities for creators, regardless of who owns the physical creations.

President of GFA, George Edozie, emphasised the workshop’s importance, stating, “this initiative goes beyond education. It is a call to action for artists to understand and assert their rights. By protecting their intellectual property, they ensure their creativity is respected and fairly rewarded, which in turn elevates the entire creative industry.”

Thirty artists participated, and were equipped with the knowledge and tools to safeguard their intellectual property and leverage it for sustainable careers.

Through initiatives like this, YSMA solidifies its position as a catalyst for empowering Nigeria’s art community, addressing systemic challenges, and harnessing the power of creativity to drive socio-economic development.