Why piracy is always good; why piracy is always bad: Reimagining piracy law and governance in Nollywood

Itanyi, Nkem (2025) Why piracy is always good; why piracy is always bad: Reimagining piracy law and governance in Nollywood. Queen Mary Journal of Intellectual Property, 5 (3). 303–325. ISSN 2045-9807

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Abstract

The recent groundbreaking success of the Nollywood blockbuster ‘A Tribe Called Judah’ ignited discussions within the Nigerian Film Industry. Shattering box office records, the film has achieved the remarkable milestone of becoming the first Nigerian movie to gross one billion naira ($1.1m; £900 000) in domestic theatres, accomplishing this feat in a mere three weeks. However, alongside this triumph comes the challenge of rampant reproduction and online sharing of the movie across various platforms such as Facebook, WhatsApp and Instagram. This digital dissemination poses a threat to the anticipated profits that could have been realized through traditional theatrical releases. This paper delves into the pressing issue of online piracy in the context of the recently enacted Nigerian Copyright 2022, which introduces explicit sanctions absent in previous copyright laws. I navigate through the evolution of Nollywood, highlighting its various developmental stages and arguing that at different stages of its development, piracy is good and, at other times, bad. I critically examined the provisions of online piracy in the current Copyright Act. I explored their applicability and success in our unique Nigerian landscape, considering our specific cultural and technological nuances. I discussed how the provisions on unauthorized distribution in the new Act can be applied to curb the piracy phenomenon. Additionally, I compared provisions of the 2022 Act on online distribution with the EU right of communication to the public as set out in Article 3(1) of the Copyright Directive in curbing unauthorized distribution of copyrighted cinematographic/audiovisual works online. Furthermore, this paper discusses the pivotal role of YouTube as a primary location for the dissemination of unauthorized content. It explores platform liability and accountability as crucial components of the strategy to curb the phenomenon of digital piracy. Leveraging these strategic insights, this paper aims to foster creativity and economic viability for filmmakers, creators and film producers in Nigeria by offering solutions to ensure that they maximize returns on investment and safeguard their profits from the perils of piracy.

Item Type:	Article
Uncontrolled Keywords:	nollywood,copyright,piracy,infringement,youtube
Faculty \ School:	Faculty of Social Sciences > School of Law
Depositing User:	LivePure Connector
Date Deposited:	17 Jan 2025 01:07
Last Modified:	28 Sep 2025 06:30
URI:	https://ueaeprints.uea.ac.uk/id/eprint/98241
DOI:	10.4337/qmjip.2025.03.03

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