LCA opt for user-based Solutions to facilitate dispute settlement in Nigeria’s Entertainment Industry
Driven by the quantum of pending entertainment industry related disputes in Nigeria’s Superior Court of records, the Lagos Court of Arbitration opened its doors to entertainers and other stakeholders in Nigeria’s entertainment industry to a daylong workshop on the use of alternative dispute resolution (ADR) mechanisms for securing investments and contract agreements within the sector.
As the third in the LCA’s Industry Roundtable Series, the focus on the Entertainment Industry attracted leading indigenous entertainers such as Mr Steve Onu “YAW”, On-air personality; Mildred Okwo; Award Winning film director and producer; Mark Redguard, CEO, 960 Music; Obi Asika, Founder, Storm 360; Mr Mathias Obahiagon, former President, Directors Guild of Nigeria; Rita Dominic, Award Winning Actress among others. The panel of distinguished discussants included Mr. Mena Ajakpovi, Partner, Abraham and Co; Uche Nwokocha, Partner, Aluko & Oyebode; Mrs Kemi Eweje, General Manager, Charted Institute of Arbitrators UK (CIArb Nigerian Branch); Mr Fred Amata, President, Directors Guild of Nigeria; Professor Fabian Ajogwu SAN, Vice-President LCA and Managing Partner, Kenna Partners; Mr Yemi Candide-Johnson SAN, President, LCA; Mr Yibo Koko, Comedian and Ms Megha Joshi, Executive Secretary, LCA.
The workshop commenced with an interactive discussion on the particularities of disputes in the industry, led by Mr Ajakpovi highlighting the governing laws of the entertainment industry to mention a few, Copyright Act 1988, The Common Law Contract and Trademark Act 1965. Furthermore, participants were engaged to an intellectual exchange of ideas to certain popular disputed cases in the entertainment industry. In wrapping up his presentation, Mr Ajakpovi stated “for Nigeria to fully harness the enormous business and job creation potential of the industry, its stakeholders have to embrace globally acceptable means of resolving pending and emerging disputes”.
Stressing on the need for entertainers to have working knowledge of ADR, Mrs Eweje from the Chartered Institute of Arbitrators, UK (Nigerian Branch) urged participants to explore the training offerings of ADR mechanisms.
Following in the steps of the earlier speaker, Ms Uche Nwokocha spoke on the role Intellectual Property Rights and Traditional Contractual Relations in the Entertainment Industry. She touched on trademarks, trade secrets, publicity rights, patents, and copyright in relation to framework it provides. Ms Nwokocha stated “as stakeholders, we should set direction for reform to ensure that copyright does not intrude where counter-productive. As necessity simplify the law wherever possible, or at least make practice comprehensible and intuitively sensitive and ensure enforcement is proportionate and effective”.
Mr. Fred Amata was able to offer an entertainer’s perspective discussing how conflicts usually occur all across the process to produce a movie; from pre-production, during production and post production stages. He recommended that all stakeholders including operators and investors alike should create a user-based friendly solution that will consist of trained entertainers capable of resolving their disputes in line with international standards of dispute resolution practices. In particular, Mr Amata expressed his pleasure on the recent attempts of stakeholders to fight piracy issues that plagued the entire industry.
Bringing his wealth of experience in the legal profession as an author, lecturer and ADR Neutral, Professor Fabian Ajogwu SAN led participants on the methodology of utilising of arbitration in entertainment industry disputes. Professor Ajogwu SAN started his presentation by unmasking the prevalent nature of upcoming artists in Nigeria and Africa in general, describing the attitude as “familiarity syndrome”, and he referenced some famous disputes to buttress this point. Receiving approval from the participants that entertainers need to be prudent and plan for dispute in business, he highlighted the importance for artists to understand the intricacies of an incomplete agreement and a non-disclosure agreement. Furthermore, he coached the importance of adopting the Lagos Court of Arbitration model dispute resolution clause in simple contact agreements citing confidentiality, preserving business relationships, industry expertise, time flexibility, promptness and efficiency: “ADR is the best option for settling disputes as it suits the informal personalities of Nigerian Entertainers especially as the Nigerian entertainment industry is still growing and thus disputes in the sector are best suited for mediation and arbitration”.
The afternoon sessions commenced after a one hour lunch break with Ms Megha Joshi engaging participants on the role of the LCA in providing ADR services to settle commercial disputes. She emphasised the advantages of procedural rules to conduct ADR and purpose of the LCA Arbitration and Mediation Guidelines. She encouraged attendees to subscribe to the LCA’s membership base to benefit from direct access to ADR knowledge and counsel.
During the panel session, Mr. Yemi Candide-Johnson SAN advised participants to utilise mediation for common disputes, as “the entertainment industry is a close knit community and it is important not burn bridges”. He emphasised the aim of the LCA Industry Roundtable Series as important outreach to formulate practical solutions for different sectors of the Nigerian Economy.
Mr. Yibo Koko added his view as an entertainer, that the majority of the operators in the industry are not well informed on the benefits of ADR. He explained that creating awareness for entertainers regarding their rights was paramount if Nigeria’s entertainment industry is to achieve global dominance. He concluded that protecting their investment is a fundamental right of any entertainer, and should be done proactively. He commended the LCA for inviting entertainers to share in the positive developments for creating a user-based solution blueprint.
Professor Ajogwu SAN in his closing remark said the entertainment industry is evolving and Nigeria has just scratched the surface. He dispelled the erroneous perception that ADR it is only exclusive to the oil and gas industry, and noted that it was time for entertainers to integrate dispute resolution clauses into every agreement and participate in orientation courses that allows them to know their rights. The LCA will work with stakeholders to develop a fast track scheme for disputes that arise within the entertainment industry.
The LCA is an independent private sector driven international centre for the resolution of commercial disputes by arbitration and other forms of alternative dispute resolution services. The LCA is headquartered in Lagos, Nigeria and provides services to local and international parties and the entire sub-Saharan region. The use of internationally recognised arbitrators, modern facilities and the adoption of cutting-edge technology makes the LCA an efficient and best-in-class arbitration institution.
Signed
Lagos Court of Arbitration