1. TACKLING INTERNATIONAL
PIRACY
AFRICA CINEMA BUSINESS ROUNDTABLE
LAGOS
AUGUST 31, 2009
Dayo Ogunyemi
234 Media Partners
+234.803.390.9988
+1.917.309.8278
dayo.ogunyemi@gmail.com
2. HOW BIG IS THE PROBLEM OF COPYRIGHT INFRINGEMENT
FOR NOLLYWOOD?
Geographical Spread
North America & Caribbean
UK/Europe
Rest of Africa
Media Categories
Television/Satellite
Physical (DVD/VCD) sales
Online (digital download/streaming)
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3. COPYRIGHT INFRINGEMENT LAWS
What are the exclusive rights of the copyright holder?
Right to reproduce
Right to distribute
Right to publicly perform
Right to publicly display
Right to make derivative works
The exclusive rights of the copyright holder are not self-enforcing
The vast majority of rights are protected by CIVIL ACTIONS, not
CRIMINAL ACTIONS
SELF-HELP IS THE NORM
Remedies for Infringement: the US has a statutory damages
provision:
Strict liability - $750 to $30,000 per work
Willful infringer - $150,000 per work
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4. HOW MUCH IS NOLLYWOOD LOSING? ATTACHING A
VALUE TO THE PROBLEM
New York
>200 Locations visited
Average inventory of 150 titles; Average sales of 8 copies/week per title
Annually, 40,000 copies sold per location, 8 million copies per year
At an average wholesale selling price $5, estimated value - $40 million
US
>1500 locations (NY, FL, MD, DC, TX, CA, MA, IL)
Average inventory of 100 titles; Average sales of 7 copies/week per title
>54 million copies sold, estimated value - >$270 million
North America
Estimated value - > $350 million
UK/Europe
Estimated value - >$150 million
Rest of Africa
Estimated value ->$300 million
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5. HOW DO YOU COMBAT COPYRIGHT INFRINGEMENT
Create a Clearing House of Rights
Monitor & Enforce in Key International Markets against Key Players
Broadcast players – cease & desist + licence
Physical sales
— Buy & Record
— Sue
— Settle
Online
— Notice & Take down
Create viable distribution channels
Convert “piraters” into legitimate distributors
Build independent distribution
— Physical
— Online
— Broadcast sales
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6. PROCESS
Right holders sign up with clearing house
Identify ownership in a database
Clear/vet third party infringement (he who comes to equity must
have clean hands)
Fund the monitoring and enforcement effort
Authorize licensing
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