Nigeria's Creative Sector Bleeds Billions Due to Outdated Copyright Laws
A leading intellectual property expert has sounded the alarm, revealing that Nigeria is losing billions of naira in potential revenue due to significant gaps in the protection of performers' rights. Prof. Dorcas Odunaike, a Professor of Commercial and Intellectual Property Law at Babcock University, issued this urgent call for legal reform during the institution's 56th inaugural lecture held in Ilishan-Remo on 8 November 2025.
The Digital Threat to Performers' Livelihoods
In her lecture titled "Scar in Copyright Protection: Harnessing the Potential of Performers' Rights in Nigeria," Prof. Odunaike highlighted that rapid technological advancements have created a dangerous void in the Copyright Act 2022. She identified digital piracy, bootlegging, and emerging technologies like deep fakes as primary threats that the current law fails to adequately address.
"Nigeria is a developing nation faced with a lot of challenges that inhibit effective management of performance," she stated, listing key issues as:
- Identification and monitoring of uses
- Piracy and bootlegging
- Digital exploitation of music and video
She emphasized that the proliferation of digital platforms has intensified these risks, creating a complex challenge where machines, unlike humans, cannot be held accountable for infringement.
Economic Impact and the Path Forward
The call for action is critically timed. Nigeria's vibrant creative industry, which includes Nollywood, music, fashion, and digital media, is a major economic force. It contributes approximately 2% to the nation's GDP, an estimated N154 billion, and employs about 4.2 million people.
Prof. Odunaike acknowledged that sections 63–73 of the 2022 Copyright Act mark an improvement but pointed out a fundamental flaw: performers' rights are still treated as secondary to authors' rights. This hierarchy leaves performers economically vulnerable.
To heal this 'scar' in the law, she proposed a multi-pronged solution:
- Updating the Copyright Act to explicitly cover performances involving new technologies.
- Implementing effective enforcement mechanisms to combat piracy.
- Raising awareness among performers about intellectual property protection.
- Enhancing the annual independent review of licensing societies for greater transparency.
- Including digital performance in Section 63(2) to secure royalties currently being lost to other jurisdictions.
She concluded that robust implementation and modernization of the copyright law would lead to improved economic returns for performers, ultimately boosting both the creative sector and the national economy.
