WRITTEN BY O.A APANTAKU ESQ
Comedy, Skit-making and digital contents are fast becoming a lucrative business in Nigeria, with millions of dollars generated from stand-up specials, TV shows, and digital content. Comedians like Bovi, Basketmouth, Layiwasabi, Taaoma, etc. have changed the scene of comedy from mere laughter to billion-dollar businesses from stand-up comedy shows to cable TV shows and even digital contents such as skits. However, with the rise of social media and online platforms, the issue of intellectual property rights in comedy has become more pressing than ever.
Let’s explore the key aspects of intellectual property rights that every performer, writer, and online content creator should know.
This article seeks to make you understand how creative work is valuable, and how to safeguard it in the comedy business.
COMEDY BUSINESS
Comedy is a form of art the involves an artistic display or performance of a literary work through storytelling and humor. Hence, comedy business involves the creation, performance, and monetization of humorous content. In simple terms, it’s the industry where comedians earn a living by making people laugh, either through live performances, digital content, or media appearances. The most common of comedy businesses are stand-up comedy live show performances, events, lounges/bars, e.t.c., skits, and digital platforms on social media platforms like Instagram, YouTube, and TikTok. TV shows/movies by bringing humour to characters in series, films, or even commercials, helping brands engage audiences through entertainment.
The comedy business involves generating revenue through brand endorsements, advertisements, ticket sales for live shows, social media monetization, and merchandise. Some of the most successful Nigerian comedians, such as Basketmouth, Bovi, and newer online sensations like Mr. Macaroni, layiwasabi, Taaooma, among many others who have built substantial careers around their comedic talents.
From the foregoing it is important to emphasis the need of protecting and safeguarding the creativity and ensuring fair compensation for comedians and skit makers or other professionals in the comedy business.
What are Intellectual Property Rights in Comedy?
Intellectual property rights refer to the legal rights that protect original creations, such as jokes, characters, catchphrases, signs and logos, scripts and audiovisual performances of a comedic work. Protecting these creations ensures that the person who came up with the idea has control over how it is used and can benefit financially. It is also crucial in preventing others from using, performing, or distributing your work without permission.
The four main types of intellectual property rights relevant to comedy are:
Copyright: this is the most important form of IP protection for comedians and digital content creators. It is the automatic rights that protects original works of a digital creator or comedian, such as scripts for skits, performance videos, jokes, and catchphrases from being copied or used without permission. For a creative work to enjoy copyright it has to satisfy two major requirements I.e 1. it has to be original and 2. It has to be fixed in a medium of expression known or later to be developed from which it can be perceived, reproduced or otherwise communicated either directly or with the aid of any machine or device.
The comedic process involves artistic and creative endeavors like writing, performing, producing, and editing and Section 2 of the Nigeria Copyright Act, 2022 explained rights that are eligible for copyright to include; Literary works, artistic works, musical works, audiovisual works, sound recordings and broadcasts.
In essence, under the copyright act, a comedian, skit maker or digital content creator has the exclusive rights to manage and control how his/her works is being reproduced, published, performed, distributed, translated and even made available to the public either through wire or wireless means and also make economic benefits off their copyrights. For Stand-up comedians, they have the right to control how their live performances or recorded performances are used. This means others cannot record or distribute these performances without permission. For example, if you attend a live comedy show by Basketmouth, it is wrong for you to record the performance and upload it to YouTube without his permission, especially if earning from the video. Doing so would infringe on his performance rights.
Copyright also ensures the economic benefits for authors and creators in comedy, skit making and digital content creation. For instance, skit makers nowadays now license their content online to business owners and company brands for promotional sales or advertisement of products. Aside from the economic rights that copyrights seeks to protects, it also protects the moral rights of a creator, comedian or stand-up performer. That is a creator has the right to protect his/her reputation and ensure that their work is not distorted or altered in a way that could damage their standing.
Trademark: To comedians or digital content creators, their brand image and identity is one of their biggest and most investible intellectual property assets. Trademark protects things like symbols, logos, and phrases that identify a brand or character. In the Nigerian comedy industry, every comedian or skit maker has his/her peculiar symbols, catchphrases, or any other brand identity that sets them apart from other players. For example, “Sabinus” a popular comedian and skit maker trademarked his catchphrase “something hooge!!!” so if a brand or someone else tries to use the same phrase for a skit or to sell merchandise without his permission, it would infringe on his trademark and he can enforce his claims against such an entity.
Patents for Digital Content Creation Innovations and Technologies: A patent is a legal protection that gives inventors exclusive rights to use, produce, or sell their invention for a specified period, typically 20 years. In the realm of digital content creation, patents are used to protect technological innovations, methods, or software systems that enhance the way content is created, distributed, or consumed. While copyright covers creative works like jokes and videos, patents may be used to protect new technologies and methods used to create or distribute content.
Examples of patentable innovations include video editing software, AI tools for content generation, VR/AR technologies, and interactive platforms.
To qualify for a patent, such an invention must be new, or result from inventive activity and is capable of industrial application . Filing for a patent early helps safeguard ideas and opens opportunities for licensing or collaborations. In Nigeria, patent protection lasts for a duration of 20 years under the Patents and Designs Act, and developers need to secure legal guidance for the process. By protecting their technological innovations, creators can prevent competitors from copying their work and maximize revenue through commercialization.
Right of Publicity: Also known as image rights’. this protects a person’s name, image, likeness, and other identifiable aspects from being used commercially without permission. In other words, it gives comedians, skit-maker, and digital content creators, control over how their identity is used, especially for endorsements, advertisements, or any other form of commercial gain.This right is especially relevant to celebrities, influencers, content creators and other public figures whose names and likenesses have significant value. It applies to anyone whose identity could be exploited for profit.
Why Intellectual Property be protected in the Comedy industry.
The comedy industry, like any creative sector, thrives on originality and unique creativity. Intellectual Property (IP) protection is crucial to safeguarding the originality and creativity of comedians, skit-makers, content creators and performers.
Comedians invest time, effort, and creativity into writing jokes, developing characters, writing scripts and crafting unique performances. IP gives creators and authors in the comedy scene control over their works and opportunity to exploit it for their financial gain. Without IP protection, anyone can easily copy or steal their ideas without giving them credit or give them the fair compensation for the use of the works. Anyone can also use a comedian’s material, name, or likeness without consent. This can lead to unfair exploitation, where companies or individuals use a comedian’s work or identity for commercial purposes, misleading consumers and damaging the comedian’s reputation and brand identity.
How to Protect Your Intellectual Property
- Copyright Registration: Although copyright is automatic from the moment of creation, it is still advisable to register your created works with the Nigeria Copyright Commission and any other applicable Copyright Management Organizations that can help track and manage the use and exploitation of your creative works, especially on the digital space.
- Trade mark your valuable intellectual property assets like logos, catchphrases, characters, stage name, identifier e.t.c If you have a unique catchphrase or character that you regularly use, consider filing for a trademark.
- Watermark and add copyright alert to your content especially for digital contents or skits, adding watermarks or copyright alerts to contents you will be distributing through online platforms or that you have not licensed can help prevent unauthorized use.
- Get a lawyer! Not just any lawyer, Work with a lawyer who specializes in entertainment law to ensure that your rights are fully protected. Our team of Entertainment Law Practice Group at www.pelicancrestlaw.com are experts in entertainment law, and you can book a consultation with us today for more enquiries and understanding on how to protect your Intellectual Property Rights.
Conclusion
In Nigeria’s comedy and digital content creation and skit-making scene, it’s essential for creators to fully understand how intellectual property rights work and how to safeguard it. By understanding copyright, trademark, patent, and right of publicity laws, comedians, writers, skit makers and content creators can protect their creativity, reputations, and fair compensation for the use or exploitation of their works. Regardless of the experience level, safeguarding their intellectual property is crucial for a creator’s career success and ensuring they benefit from their efforts. Intellectual property laws allows creators to flourish in an industry that values originality while shielding their ideas from unauthorized use.