UNILAG don calls for balanced intellectual property regime in digital age

A Professor of Intellectual Property Law at the University of Lagos (UNILAG), Adejoke Omolola Oyewunmi, has called for a balanced intellectual property regime that takes into account the complexities of digital technology.

Oyewunmi noted that the current intellectual property regime in Nigeria needs to be updated to address the challenges and opportunities presented by digital technology.

The university teacher, in her inaugural lecture, emphasised the importance of intellectual property rights in promoting creativity, innovation, and economic growth.

However, she also highlighted the challenges posed by digital technology, which has transformed the way intellectual property is created, disseminated, and protected.

“The digital age has brought about new opportunities for creators and innovators, but it has also raised concerns about copyright infringement, piracy, and the exploitation of intellectual property rights,” Oyewunmi said.

The don noted that the Nigerian entertainment industry is a vibrant one that contributes significantly to the country’s Gross Domestic Product (GDP) and employs a large number of people.

She also pointed out that the industry faces significant challenges in the digital age, including copyright infringement and piracy.

“Digital technology has contributed significantly to the entertainment industry by providing diverse means of disseminating works, and investment in this sector is massive. However, the industry also faces significant challenges, including copyright infringement and piracy.”

Oyewunmi advocated for a balanced intellectual property regime that promotes fairness, equity, and justice for all stakeholders.

She emphasised the need for a nuanced approach to intellectual property protection that takes into account the complexities of digital technology and promotes public interest.

“The recognition of certain rights at the expense of others, such as the holders of traditional knowledge, will not serve the purpose. Intellectual property laws as vehicles for and realisation of human rights should accordingly be designed and implemented as such.”

The professor’s call for a balanced intellectual property regime has sparked a renewed debate on the need for a more nuanced approach to intellectual property protection in Nigeria.

Her recommendations provide a valuable framework for policymakers, academics, and industry stakeholders to work towards creating a more equitable and effective intellectual property regime in Nigeria.

Oyewunmi made several recommendations to address the challenges posed by digital technology and to promote a balanced intellectual property regime in Nigeria.

These include updating Nigeria’s intellectual property laws to address the challenges and opportunities presented by digital technology; developing clear policies on intellectual property ownership and exploitation, particularly in the context of digitisation and online publication of academic works; promoting public awareness of intellectual property rights and their importance in promoting creativity, innovation, and economic growth; as well as fostering international cooperation to address the global challenges and opportunities presented by digital technology and intellectual property.

By adopting these recommendations, Nigeria can develop a robust intellectual property framework that promotes creativity, innovation, and economic growth, while also ensuring fairness, equity, and justice for all stakeholders. ‎

The lecture was well-received by the academic community, with many praising Professor Oyewunmi’s insightful analysis of the complex issues surrounding intellectual property rights in the digital age.

The professor’s call for a balanced intellectual property regime that promotes fairness, equity, and justice for all stakeholders has sparked a renewed debate on the need for a more nuanced approach to intellectual property protection in Nigeria.

Alongside the educational sector, digital technology has also exerted profound impact on the entertainment industry by facilitating new models for creation of entertainment products, electronic delivery of music and films and the utilisation of social media and other digital platforms to project artistes and other players, thereby enhancing their visibility and popularity.

It also comes with diverse challenges relating to management and enforcement of rights in the digital environment.

Digital technology, therefore, impacts the entertainment sector in two major ways. First is the impact on the creation and production of copyright works, while the other aspect relates to online dissemination and exploitation of works.

The Nigerian entertainment industry is a vibrant one, which contributed an estimated N154 billion to the GDP in 2023.

According to PwC’s Africa Entertainment and Media (E&M) Outlook 2024–2028, the country is one of the fastest-growing E&M markets globally, with 8.6 per cent yearly growth rate.

The don noted that it is also a major employer of labour, thereby alleviating unemployment rates and contributing significantly to boosting the economic wellbeing of the wide range of players in the sector.

“These include actors, musicians, comedians, authors of music and screenplays, recording, film and television outfits, as well as directors and producers – broadly grouped into the film and music industries.

“Both industries have, over time, risen to prominence not only within Nigeria, but also at the African and global stage. Presently, the Nigerian movie industry is ranked alongside India’s Bollywood and America’s Hollywood as one of the biggest players in the global market, indeed, the second-largest film industry by output, producing over 2,500 films yearly,” Oyewunmi stated.

Besides, she noted that Nigeria is also renowned for its musical talents and the country is home to a number of internationally acclaimed musicians, whose works are enjoyed across the globe.

According to her, the entertainment industry is a major force contributing to the projection of Nigeria’s culture, including its language, food, dressing and other aspects of our heritage.

The university teacher noted that digital technology has contributed significantly to this endeavour by providing diverse means of disseminating these works, describing investment in this sector as massive. “Streaming platforms like Netflix and Amazon Prime have increased investment in Nigeria originals, with Netflix reportedly investing over $23 million in Nigeria between 2016 and 2022, while financing and licensing 283 titles.

“Further, Statista reports that 2025 Over-the-Top (OTT) video market revenue in Nigeria is projected to reach $1.22bn, with video streaming revenue projection of $1.03 billion. Music, film and other entertainment players are also leveraging social media to enhance their visibility and popularity, and to build brands, attract endorsements and otherwise enhance their merchandising value.

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