In the 1970s and 80s, he was the most
popular comedian in the land. Millions bought his records and thousands
flocked to his live performances as he took his rib cracking show
across the country. But today, Moses Olaiya, known to one and all as
Baba Sala, is flat broke. Forced to retire to his hometown of Ilesha,
in Osun State, and surviving into his old age through the kindness of
relatives and friends, Mr. Olaiya was ruined by counterfeiters of one
of his most expensive films, the 1985 “Mosebolatan.” He could not
recover the millions of naira he borrowed to finance the movie, and
went bankrupt. Mr. Olaiya’s case may be among the better known
illustrations of the ruinous effects of copyright infringement, on
artists and the larger economy. But he is hardly alone. So pervasive is
the pirating of other people’s work that the Nigeria Copyright
Commission, the government agency charged with protecting intellectual
property rights, has very nearly given up on making a dent on the
problem. Even seen from the streets, most books, CDs and DVDs in
circulation in Nigeria today would appear to be pirated. Even the
viability of Nigeria’s internationally popular movie industry, known as
Nollywood, is threatened by it.
Working for others
Many of Nollywood’s best are not
spared. The movie director Tunde Kelani, whose most acclaimed works
include “Arugba,” says he is having difficulty continuing as a film
maker in Nigeria because it is no longer possible to recoup
hisinvestment.
“The popular Nollywood industry is
under great threat, and may already be experiencing its death throes,”
Mr. Kelani announced, rather dramatically, in a statement issued to the
press barely two weeks after “Arugba” was released in July 2010.
He urged the federal government to
rescue film makers from the stranglehold of piracy. Otherwise, he said,
Nollywood, which has already gained international renown risks
attaining popular success but becoming a financial failure.
Curious strategy
Some see a bit of advantage in piracy, making up in fame what they lose in financial returns.
“The distribution channels are
rudimentary at best now, [and] you get the feeling that the pirates
will be your best bet to get the reach you need to build your brand,”
said the rising RB artist, Tunde Leye. “Of course, in doing that,
you lose the possibility of making returns on your investment from
selling CDs.”
Mr. Leye says he tries other things to improve his position.
“My own strategy is three pronged. One
is to employ technology like internet, mobile technology and all such
to sell directly to the public. Two is to leverage the brand created
and then do an international edition of the same CDs that will be
released into markets with more structured distribution. Third is to
create alternate streams of income through endorsements, merchandising,
events, books and others,” he said.
The cost of piracy
Putting monetary values to the loss
from activities of pirates, Akeem Aponmade, technical adviser on
enforcement of the commission said owners of rights do not benefit from
their efforts due to inappropriate pricing of their products. For
example, he said, about 180 million CDs were sold in Nigeria in 2009 at
about $182 million, whereas in South Africa, at the same period, only
34 million CDs were sold for about $125 million. In Nigeria, a CD
fetched on average only about a dollar, while in South Africa it costs
roughly four times as much. He said pirates cannot be left to continue
in their illegal business in the name of assisting in job creation or
helping people.
“Piracy has led to authors’ loss of
income, discouraged their creativity, multiplied their poverty index,
and reduced the tax that should have gone to the government. We can’t
boast of a large number of successful artists in a nation of over 150
million people. Something is wrong. If they cannot make good money, how
can they pay good taxes?”
Mr. Leye said a long term solution
would be to create effective distribution channels that can compete in
reach and pricing with the pirates’, and make it unprofitable for them
to be in business. It will also be necessary to accommodate their
structures within the new distribution channel as long as they submit
to regulations.
The Pan-African Film Copyright
Protection Society, which protects intellectual property rights on the
continent, says it is out to make life difficult for copyright
violators. “Piracy and all other forms of intellectual property rights
infringement are robbing us of the fruit our talents.”
