Nigeria’s film industry, famously known as Nollywood, has achieved impressive growth, positioning itself as one of the largest film producers globally by volume. As the industry gains greater international visibility and digital distribution expands, it is also facing heightened exposure to copyright infringement and intellectual property disputes. A recent case surrounding the film Love in Every Word by Omoni Oboli, which amassed 7 million views before being removed from YouTube due to copyright issues, highlights the increasing frequency of such challenges in Nollywood.

The Love in Every Word Copyright Dispute: A Case Study

A Rapid Ascent and a Sudden Fall

In early 2025, the acclaimed Nigerian actress and filmmaker Omoni Oboli released her movie Love in Every Word directly on YouTube. The movie quickly captured the public's attention, receiving a staggering 7 million views in just a few days. This success showcased not only Oboli's popularity but also the growing global appetite for Nigerian films on digital platforms.

However, the film’s success was short-lived. YouTube removed the movie after Chinonso Obiora filed a copyright infringement claim, alleging that aspects of the film infringed upon their original work. This dispute sparked considerable debate across the industry and social media about the challenges of protecting intellectual property in the digital age.

Resolution and the Movie's Return

After addressing the copyright concerns, Love in Every Word was reinstated on YouTube. However, the brief removal likely affected the film's visibility, audience reach, and revenue prospects. This episode underscores how even seasoned filmmakers face significant risks when copyright issues arise, particularly on digital platforms where content removal can be swift and impactful.

Navigating Copyright Law in Nigeria’s Film Industry

The Legal Framework

Nigeria's copyright laws are governed by the Copyright Act, which protects a wide range of works, including literary, musical, artistic works, cinematographic films, sound recordings, and broadcasts. The Nigerian Copyright Commission (NCC) is the body responsible for enforcing these laws. Despite this legal structure, there is a significant gap in the understanding and application of copyright protection, particularly within Nollywood. Many filmmakers lack the necessary awareness of copyright issues, putting their investments at risk.

Common Misunderstandings About Copyright

Several misconceptions about copyright law are prevalent among Nigerian filmmakers, leading to inadvertent infringement:

• “Making minor changes makes it original”: Even slight copying of distinctive elements from an existing work can result in infringement. Once a work is protected by copyright, it remains protected, and any unauthorized use of its elements can lead to legal consequences.

• “No copyright notice means it's free to use”: Many filmmakers believe that if a work does not have a visible copyright notice, it can be used freely. However, copyright protection is automatic, meaning that any work created is protected by default, regardless of a notice or registration.

• “Online content is public domain”: Just because content is available on the internet does not mean it is free to use. Most online content is protected by copyright unless explicitly stated otherwise.

• “Attributing credit eliminates infringement”: Simply giving credit to the original creator does not absolve the user from the responsibility of seeking permission for use, especially for commercial purposes.

Common Copyright Pitfalls for Filmmakers

Script and Storyline Issues

The script forms the backbone of any film, making it crucial for filmmakers to ensure their scripts are either fully original or properly licensed. Infringement can occur in cases such as:

• Adapting literary works without authorization.

• Using dialogue, characters, or plot elements from other screenplays.

• Creating derivative works based on copyrighted content without obtaining permission.

Music and Soundtrack Licensing Challenges

Music rights are notoriously complex, involving various rights holders, including composers, lyricists, performers, and record labels. Nigerian filmmakers often overlook the necessity of obtaining all relevant licenses for music, which can lead to legal challenges. Even when commissioning original music, it is essential to ensure clear agreements regarding ownership and usage rights.

Visual Elements and Derivative Works

Visual elements such as set designs, choreography, stock footage, and other artistic works must be properly cleared for use in films. Filmmakers must ensure that they have the right to use every visual element in their productions, especially when the content will be distributed globally or across multiple platforms.

Steps to Prevent Copyright Infringement

Due Diligence

Filmmakers should adopt a proactive approach by:

• Conducting thorough research to identify potential similarities with existing works.

• Documenting the creative process to demonstrate originality and maintain records.

• Using copyright databases to check for similar works.

• Engaging IP lawyers to help with detailed copyright clearance, particularly for high-budget productions.

Proper Documentation and Contracts

Proper documentation is essential to secure the rights of all contributors involved in a film’s production. Filmmakers should ensure the following:

• Work-for-hire agreements with all creative contributors.

• Assignment of rights agreements for intellectual property.

• Talent releases covering image rights.

• Music licensing agreements.

• Chain-of-title documentation for adapted works.

The Need for Legal Counsel in Nollywood Filmmaking

Many filmmakers in Nollywood do not fully appreciate the importance of legal counsel during the production and post-production phases. Engaging experienced legal experts in IP law and media law can help:

• Identify potential copyright risks early in the process.

• Draft and review contracts to ensure all necessary rights are covered.

• Navigate international distribution agreements and rights.

• Develop a comprehensive copyright compliance strategy tailored to the production.

Copyright in the Digital Age: The New Challenges

Global Distribution and Streaming Platforms

The digital era has transformed content distribution, enabling filmmakers to reach audiences worldwide instantly. However, this rapid accessibility increases the risk of copyright infringement. Content uploaded online can be quickly flagged by automated systems, and platforms like YouTube often remove content before thoroughly investigating claims.

Increased Scrutiny and Copyright Enforcement

With platforms like YouTube using automated content identification systems, copyright issues can be flagged almost immediately. This creates a fast-moving environment where even minor infringements can result in content removal and lost revenue.

Speed-to-Market vs. Proper Rights Clearance

Filmmakers are often under pressure to release content quickly, which can lead to shortcuts in rights clearance. However, as seen with the Love in Every Word incident, failing to secure proper permissions can result in significant consequences, including content removal, lost revenue, and reputational damage.

Practical Steps for Copyright Compliance

To prevent copyright issues, filmmakers should:

• Establish a checklist for rights clearance.

• Implement a robust system to track the origin of creative elements.

• Budget for licensing costs and international distribution rights.

• Build relationships with rights holders to simplify future licensing needs.

• Educate creative teams about copyright principles and incentivize proper documentation.

Conclusion

The Love in Every Word controversy serves as a stark reminder that Nigerian filmmakers must prioritize copyright protection as they gain international recognition. By adopting proactive measures, maintaining thorough documentation, and seeking legal advice, filmmakers can ensure their work is protected, respect others' intellectual property, and safeguard their investments.

At Kabbiz Legal & Advisory, we specialize in providing expert legal services to filmmakers and production companies, helping them navigate the complexities of copyright law and ensure their creative works are properly protected. For consultation, contact us at contact@kabbizlegal.com or call +2348064231176.