Exclusivity in the 6th edition of Nigeria Broadcast Commission (NBC) Code and a glimpse of the practice in South Africa and the United Kingdom

Nkemdilim Itanyi*, Ayoyemi Lawal-Arowolo, Jade Kouletakis

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

Abstract

In Nigeria, the giants in the broadcast of films and sports perceive the 6th edition of Nigeria Broadcast Commission (NBC) Code as a means for others to benefit from their hard work in the industry. The Code makes it obligatory for broadcasters to sub-license their acquired or generated creative content to other broadcasters. Even though NBC has tried to justify its actions by claiming it is to promote competition, most perceive the provision as anti-competitive and a means to cripple the industry by discouraging the haves. This article critically examines the provisions of the Code on broadcast of films and sports. In addition, the practice in South Africa and the UK is explored to determine if similar practices occur in these jurisdictions. This article suggests a collective and negotiation approach between the regulators and the stakeholders (including the haves and the have-nots) in amending the Code.
Original languageEnglish
Article number6
Pages (from-to)388-396
Number of pages9
JournalEuropean Intellectual Property Review
Volume43
Issue number6
Publication statusPublished - 01 May 2021

Bibliographical note

This material was first published by Thomson Reuters, trading as Sweet & Maxwell, 5 Canada Square, Canary Wharf, London, E14 5AQ, in European Intellectual Property Review as Nkem Itanyi, Jade Kouletakis and Ayoyemi Lawal-Arowolo, “Exclusivity in the 6th Edition of Nigeria Broadcast Commission (NBC) Code and a Glimpse of the Practice in South Africa and the United Kingdom” (2021) 43 E.I.P.R. 388–396 and is reproduced by agreement with the publishers.

Keywords

  • Exclusivity
  • Broadcast
  • Copyright
  • Nigeria
  • South Africa
  • United Kingdom

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