Nollywood’s YouTube expansion faces IP hurdles

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As Nollywood strengthens its foothold on YouTube, filmmakers are grappling with mounting intellectual property (IP) challenges.

Bimbo Ademoye, a celebrated Nollywood actress, has publicly criticised YouTube channels that exploit the titles and thumbnails of popular Nollywood films to drive traffic to unrelated content.

This issue has taken a centre stage as her latest project, ‘Broken Hallelujah,’ slated for release on Good Friday, becomes a target of such deceptive practices.

Read also: YouTube boom doubles Nigerian thousand-dollar earners

Ademoye has made it clear that this problem is neither new nor unique to her. Before ‘Broken Hallelujah’ even hits the platform, several channels have already hijacked its title and promotional images to boost views for other films.

“I hate that I have to do this, but my blood, sweat, tears, hard work, money, sleepless nights will not be enjoyed by someone else,” she vented in a social media post. “As it is now, there are already 2 channels that have stolen my title and my poster for about 2-3 days now.”

The unauthorized uploads not only undermine creators’ efforts but also siphon potential revenue and viewership from legitimate releases.

The problem extends beyond Ademoye. Destiny Etiko, another prominent Nollywood filmmaker, voiced similar grievances, targeting a Ghanaian TV station for persistently broadcasting Nigerian films without permission.

“I have cried out countless times, but it keeps getting worse, especially that TV channel in Ghana,” Etiko lamented. “You guys should stop doing this. It’s too bad.” Likewise, Georgina Ibeh expressed her anguish over the toll of such exploitation. “It’s disheartening to see my films shown on these TV stations after using millions of naira to make and promote them,” she said, highlighting the financial and emotional strain on creators.

In a bid to fight back, Ademoye has rallied her fans and viewers to report these offending channels to YouTube. She emphasised the injustice of toiling tirelessly on a project only to see others reap the rewards. “It’s unfair that we work day and night, only for these people running the channels to profit where they didn’t sow,” she argued. Her plea reflects a desperate need for community support in tackling this systemic issue.

The legal dimensions of this crisis add another layer of complexity. Henry Ekizeoha, an entertainment lawyer with the Nigerian Bar Association Entertainment Committee, weighed in on the matter. He noted that while Ademoye could pursue formal legal action, her decision to issue a public warning first shows restraint.

“YouTube channels struck with IP infringements more than three times can have their videos taken down and face monetisation restrictions,” Ekizeoha explained, outlining the platform’s enforcement measures.

Why infringements happen regularly

Ekizeoha also shed light on why such violations persist. “Creators hardly trademark their titles unless they’re planning merchandise or sequels,” he said. However, he condemned the misuse of thumbnails, arguing that it deceives viewers and wastes their time and data.

He praised Ademoye’s social media call-out as a strategic move, serving as both a caution and an opportunity for offenders to correct their behaviour before facing harsher consequences.

Legal reforms

Recent legal reforms offer hope for embattled filmmakers. Ekizeoha pointed to the 2022 IP laws in Nigeria, which bolster protections for creators. “Original owners of IP can now send cease-and-desist letters to offenders and report infringements directly to internet service providers,” he said.

Upon proving ownership, creators can demand the removal of unauthorised content. Penalties for violations have also stiffened, with fines ranging from N100,000 for individuals to N5 million for companies, depending on the damage inflicted. Offenses can even escalate to criminal charges in severe cases.

For Ademoye, the options are clear. “Bimbo can sue and ask for an account of profits after the video has been taken down,” Ekizeoha advised. “She could also request the closure of the perpetrator’s channel.” Such measures could set a precedent, deterring future infringements and reinforcing accountability in Nollywood’s digital landscape.

Read also: Nollywood bets on big screens, YouTube as streaming dollars slow

Double-edged sword for filmmakers

YouTube has been a double-edged sword for Nollywood, offering unprecedented reach while exposing creators to exploitation. The platform’s accessibility has democratised filmmaking, enabling talents like Ademoye, Omoni Oboli, Uche Jumbo, Etiko, and Ibeh to connect with global audiences. Yet, it has also made their work vulnerable to piracy and misrepresentation.

Ademoye recounted a personal example: Searching for a film by a colleague, Biodun Stephen, yielded over 40 videos with mismatched thumbnails, illustrating the scale of the problem.

The stakes are high as Nollywood navigates this digital frontier. The industry’s growth on YouTube hinges on balancing innovation with protection, ensuring that creators can thrive without fear of losing control over their art, industry players say.



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