Broadcasting
Nigeria Commits to Domestication of Beijing Treaty on Audiovisual
Nigeria, in the ongoing reform of its copyright system, is taking steps towards the domestication of the provisions of the Beijing Treaty on Audiovisual Performances, which came into force on 28th April 2020.
Mr. John O. Asein, Director-General of Nigerian Copyright Commission (NCC), disclosed this in his opening remarks at a Webinar with the theme: Strengthening Nigeria’s Creative Sector through Improved Rights for Artists and Performers, to mark the coming into force of the treaty.
Expressing concern over the loss of revenue in the audiovisual industry, he assured that the Commission would work with the guilds, associations and collective management organisation in the industry to develop appropriate mechanisms to ensure greater return on creative investment.
He noted that such interventions would necessitate looking into various aspects of the industry, including engagement contracts, distribution bottlenecks, online abuses and rights management issues.
The Director-General reaffirmed the Commission’s commitment to improving the protection available to audiovisual performers, especially “in today’s digital environment where copyright works are easily retransmitted on various online platforms often without recourse to the right owners or the performers.”
Noting that Nigeria’s film industry ranked among the top three in the world, he expressed worry that the ranking has not translated to real economic benefit and enhanced status for the performers “who stand before the lights and cameras transforming scripts to action”.
Mr. Asein expressed sadness that in recent times, well-known film and television actors faced with health challenges have had to appeal to the public for assistance which often came in trickles or a little too late.
“The current global pandemic has further amplified the vulnerability of creators – authors, musicians, actors and other performers – and it underscores the need to have a fallback system to sustain them beyond their active years and especially in time of economic downturn. These are people who generate or bring life to the copyright works that we enjoy but in most cases they do not have access to any form of pension or gratuity”, he stated.
The Director-General who congratulated member states of WIPO despite the fact that the Treaty was coming into force about eight years after its conclusion in June 2012, urged participants at the Webinar to provide “initial thoughts on how the balanced application of the provisions of the Treaty could help Nigeria achieve its laudable objectives.”
The Beijing Treaty on Audiovisual Performances was adopted by the Diplomatic Conference on the Protection of Audiovisual Performances, which took place in Beijing from June 20 to 26, 2012.
The Treaty modernises and updates for the digital era the protection for singers, musicians, dancers and actors in audiovisual performances. It upgrades the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (1961) and complements the WIPO Performances and Phonograms Treaty (WPPT), which updated protection for performers and producers of phonograms.
The Beijing Treaty encompasses the performances of actors in different media, such as film and television, and also includes musicians when their musical performances are recorded in a DVD or any other audiovisual platform. It grants performers economic rights in fixed and unfixed performances, as well as certain moral rights.
Under the Beijing Treaty, performers are accorded four kinds of economic rights for their performances fixed in audiovisual fixations, namely the right of reproduction; the right of distribution; the right of rental; and the right of making available.
The Treaty obliges each contracting party to adopt, in accordance with its legal system, the measures necessary to ensure the application of the Treaty, including ensuring that enforcement procedures are available for effective action against any act of infringement of rights.
National Broadcasting Commission (NBC) has said that Nigerians will no longer pay annual Digital Access Fees under the renewed Digital Switch Over (DSO) project.
Charles Ebuebu, director-general, NBC, disclosed this in an exclusive interview with the News Agency of Nigeria (NAN) on Wednesday in Abuja,
Ebuebu said viewers only need to purchase an approved decoder and satellite dish which cost below N20,000 to enjoy free television permanently.
“Previously, users paid an annual digital access fee of about N1,500, described as an administrative charge.
“The new system removes that annual fee. It provides free access to free-to-air television channels without any payment.
“Premium channels will be introduced later. Viewers who want those additional channels will be able to access them through paid services.
“Nigerian content on free-to-air channels remains free to watch. Unlike Pay TV, this platform does not require monthly subscriptions for its basic service,” he said
Ebuebu said approved decoders for the FreeTV will cost less than N20,000 and authorised sales outlets will soon be announced.
He urged Nigerians to wait for official information on approved dealers for the DSO decoders, warning that unauthorised sellers are exploiting growing public demand.
He reiterated that people only need a free-to-air decoder, along with a satellite dish instead of the old antenna system to receive the DSO signal.
“Once the equipment is installed, viewers can access all available channels across the country without paying any subscription fees,” he stressed
The DG dismissed claims by some retailers that there are different categories of decoders sold at varying prices, stressing that such sellers are not authorised by the commission.
According to him, the NBC will soon publish the list of approved dealers, official prices, and locations where genuine decoder boxes and accessories can be purchased.
The NBC boss said the DSO project is designed not only to improve television broadcasting but also to stimulate economic growth by creating jobs, attracting investment, and opening up opportunities for businesses that support the broadcasting industry.
Ebuebu noted that content producers and broadcasters stand to benefit significantly from the nationwide reach of the DSO platform.
Unlike the previous system, where many stations had limited regional audiences, he said the new platform will make their channels available to viewers across Nigeria.
He added that the introduction of audience measurement technology will provide scientific and reliable data on television viewership.
Ebuebu added that audience measurement technology will give advertisers greater confidence in placing adverts and enable broadcasters to demonstrate the true size and reach of their audiences nationwide.
Uchenna Mbunabo, Nigerian filmmaker, has raised concerns over the alleged unauthorised broadcast of Nollywood films by some Ghanaian television stations, calling on Ghana’s National Film Authority (NFA) to strengthen the enforcement of copyright laws.
Uchenna Mbunabo, Nigerian filmmaker
Mbunabo made the remarks during a conversation with James Gardiner, deputy CEO of the National Film Authority (NFA) of Ghana.
He questioned whether it was permissible for television stations in Ghana to download Nigerian movies from YouTube and air them without obtaining permission from the producers.
“I noticed that Ghanaian TV stations, the way they are stealing our films and showing them for free with impunity. Is it legalised in your country for TV stations to go on YouTube, download people’s sweat and show it for free?”
According to Mbunabo, some Ghanaian television stations have been downloading newly released Nollywood films from YouTube and broadcasting them without authorisation, depriving producers of revenue generated through the platform.
He also stated that he had not witnessed Nigerian television stations engaging in similar practices and questioned what measures Ghana was taking to protect filmmakers’ intellectual property.
Responding to the concerns, Gardiner acknowledged that the issue exists and said the National Film Authority had begun engaging relevant stakeholders to address it.
He disclosed that the NFA has held discussions with the Ministry of Communications, the National Communications Authority (NCA) and the National Media Commission (NMC) on improving copyright enforcement.
Gardiner explained that while Ghana has copyright laws, enforcement remains challenging because many television stations now operate digitally and may not have physical offices within the country.
“There are copyright laws, but they are not effective because a lot of the TV stations don’t have offices. Most of them are now digital, so they operate from anywhere. They can even have a Ghanaian TV station but be operating from Austria simply because it is digital.”
He added that authorities are considering a new licensing framework that would require broadcasters to undergo a fresh licensing process to improve monitoring and enforcement.
According to Gardiner, television stations found guilty of illegally broadcasting copyrighted content would be required to compensate affected producers through fines.
He added that repeat offenders could face suspension of their broadcasting licences, while a third violation could result in the revocation of their licences.
Although he did not provide a specific timeline, Gardiner said the reforms were already underway and expressed hope that significant progress would be seen next year.
Mbunabo welcomed the proposed measures but urged the National Film Authority to expedite the process, stating that unauthorised broadcasts continue to affect filmmakers’ ability to recover production costs through legitimate distribution channels such as YouTube.
He also stressed that his comments were not directed at Ghana’s film industry, noting that he has worked with several Ghanaian actors over the years and supports collaborations between Nollywood and Ghallywood.
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