LEGAL CHALLENGES FACED BY ENTERTAINERS IN THE ENTERTAINMENT

INDUSTRY

INTRODUCTION

Despite the lack of a universally accepted definition of what entertainment law is, it is still
distinct from other areas of law. No body of case law per se constitutes "entertainment law."
An entertainer should regularly receive counsel on issues involving a wide range of legal
practice areas, including intellectual property, contracts, business, employment/labour,
security, international collaborations, taxation, immigration, and litigation.

Legal disputes are an unfortunate reality. While negotiation may be desirable, it is not
always effective in achieving optimal results. When faced with such a situation, it becomes
imperative for the entertainer to draw on the expertise and experience of a legal
professional to work diligently with him to achieve the best possible result.

Professionals in arts, entertainment and media can face challenging legal issues. Their
personal and business concerns often involve complex matters that span taxation and
wealth planning, business transactions, intellectual property, labour and employment
matters and dispute resolution. All of these issues must be expertly handled in a manner
that provides the utmost regard for both the entertainer and his privacy.

The Nigerian entertainment industry has grown in leaps and bounds through the years.
From obscurity, to strutting the stage and calling the shots, up to the point of producing
continental and global celebrity brands, it is a story hinged on the doggedness,
perseverance, sheer grit, tenacity and will to succeed of the practitioners the producers,
marketers, unions and most especially, the key drivers, the entertainers themselves
(musicians, actors/actresses, models, dancers, etc.).

BACKGROUND

In traditional legal areas, knowledge of relevant cases, statutes, regulations, and collective
bargaining agreements typically constitute sufficient competence for legal practitioners.
However, this is not true for entertainment law. An entertainer must ensure that his lawyer
understands how the business runs within the industry.

The fact that entertainment is a document-intensive business further underscores the

necessity for lawyers who represent entertainers to comprehend the business practices of
the industry. This point cannot be overemphasized. In fact, entertainment lawyers have
found that in todays entertainment environment it is not enough for them to understand the
business practices of only one particular field within the industry. A lawyers depth of
knowledge of industry business practices almost always determines his or her degree of
effectiveness.

One simple way to learn about the trends and developments within the entertainment
industry is to read, watch and listen to industry-related programmes and publications
faithfully.

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In spite of the acclaim, recognition, goodwill, airplay, endorsements, show headlines and
other forms of acknowledgement that Nigerian entertainers receive a wide gap exists in the
full maximization of their potentials and optimization of their true worth, as loopholes exist in
the enforcement of their peculiar rights relative to the industry in which they operate.

CHALLENGES AND THE WAY FORWARD

Constraints and challenges manifest themselves beyond the showbiz aspect to the legal
perspective through such dimensions as, but not limited to:

a. Privacy violations as evidenced by defamatory blog/social media posts and media

publications (print and electronic) which subtly just skirt around torts.

b. Non-specification and vague declaration of scope of contractual obligations which

culminate in unintended infractions of contractual terms by the entertainers with a backlash
of litigation spearheaded by sponsors/labels/production houses.

c. Unreasonable and impracticable terms of endorsement deals issued by sponsors.

d. Poor enlightenment of practitioners on jurisprudence as it applies to the entertainment

industry.

e. Non-specific definitions and subjectivity of interpretation and enforcement of certain

broadcast codes as implemented by some officials of relevant regulatory agencies/bodies,
which result in restriction of airplay/theatrical displays or showings of their works.

f. Liability of non-active and second-tier practitioners like producers and marketers (who, as
cliques, cabals or caucuses, manipulate the rights of entertainers, and even dictate the
operations of certain facets of the industry).

g. Violations of Non-disclosure, Confidentiality, Label and Distribution, Reward, Marketing

and Promotional, Recording and Music publishing, Movie production and Casting
agreements through third-party means to get back at each other. e.g. Entertainers versus
Record labels/Production companies.

In conclusion, these challenges so outlined have made it unsurprising that, periodically, and
most especially in recent times, amiable relationships between entertainers and their
management firms or production companies have broken down irretrievably. This ought not
to be the trend.

A turning point would be reached if, and when, the various practitioners see the need to
consider the legal dimensions applicable to the industry, and implement necessary legal
means to enable a harmonious operation of all facets of the entertainment sector in Nigeria
to stimulate progress and advance equity and fairness so that talent, expertise and
experience in the creative and performing arts will truly benefit the endowed vessels
through which art is given life and form i.e. the entertainers themselves.

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