Copyright in Nollywood and Beyond: Lessons from Omoni Oboli’s “Love in Every Word”
In today’s digital age, where content is king and easily disseminated, copyright has become more crucial than ever, particularly for creators in the entertainment industry. The recent rollercoaster ride experienced by Nollywood filmmaker Omoni Oboli with her film “Love in Every Word” offers a stark reminder of the importance of understanding, respecting, and enforcing copyright. The film’s dramatic removal and swift reinstatement from YouTube due to a copyright claim highlights both the challenges and the power of copyright protection in the digital age.
The ‘Love in Every Word’ Incident: A Case Study
Oboli’s “Love in Every Word” experienced viral success, amassing millions of views within days. Then, abruptly, it vanished from YouTube due to a copyright claim by Chinonso Obiora (Skyberry). This caused widespread outrage, with fans and industry observers alike questioning the legitimacy of the claim. The situation underscored how quickly a successful film could be taken down, regardless of its popularity.
Understanding Copyright: More Than Just Ownership
At its core, copyright law is designed to protect creators’ rights over their original works, preventing unauthorized reproduction, distribution, or adaptation. However, the issue is rarely black and white. A single film can involve multiple copyright holders, scriptwriters, composers, cinematographers, and even graphic designers.
Many filmmakers assume that owning a story means they own everything in the final product, but that’s not always the case. Did the film’s soundtrack contain copyrighted music? Was a scene shot using unlicensed footage? Could a dispute over the script’s origin be at play? These are all questions that could lead to a legitimate copyright claim.
Lessons for the Entertainment Industry (and Beyond)
The Oboli case, regardless of the details behind the scenes, provides valuable lessons that extend far beyond Nollywood:
- Proactive Copyright Protection is Paramount: Copyright is a legal right that grants creators exclusive control over their work, including the right to reproduce, distribute, and display it. To effectively protect their intellectual property, filmmakers (and all content creators) must take proactive steps, including:
- Registration: Formally registering your copyright with the appropriate authorities (e.g., the Nigerian Copyright Commission in Nigeria or the U.S. Copyright Office) creates a public record of your ownership and strengthens your legal position.
- Contracts and Clearances: Secure written agreements with everyone involved in the production process, including actors, writers, composers, and editors. Ensure that these agreements clearly define ownership of intellectual property rights and grant you the necessary licenses.
- Watermarking and Digital Rights Management (DRM): Consider using watermarks or DRM technologies to deter unauthorized copying and distribution of your content online.
- Understand Fair Use and Derivative Works: Copyright law includes limitations, such as fair use, which allows limited use of copyrighted material for purposes like criticism, commentary, news reporting, teaching, scholarship, and research. However, determining what constitutes fair use can be complex and fact-specific. Similarly, derivative works (works based on pre-existing copyrighted material) also raise complex copyright issues. Understanding these concepts is crucial to avoid unintentional infringement.
- Example: In the U.S., the Campbell v. Acuff-Rose Music, Inc. case (1994) clarified the “transformative” element of fair use in parody, demonstrating how courts analyze the purpose and character of the use.
- Vigilant Monitoring and Enforcement: Regularly monitor online platforms for unauthorized use of your copyrighted material. If you discover infringing content, take swift action by sending takedown notices to the website or platform and, if necessary, pursuing legal remedies.
Similar cases have rocked the entertainment world:
- Otile Brown vs. Digital Creators
YouTube’s Content ID system has frequently flagged videos that include even a few seconds of copyrighted material. Many creators have had their content demonetized or taken down entirely for using background music, sound effects, or film clips, even if used under fair use principles. Otile Brown, a Kenyan RnB singer, had some of his songs pulled down by YouTube due to alleged copyright claims.
- Netflix vs. Unlicensed Music
In 2021, Netflix’s Squid Game faced controversy when an indie artist claimed that one of the show’s background tracks was used without proper licensing. While the matter was eventually settled, it highlighted the importance of securing all rights before distribution.
- Marvel vs. Copyright Holders
Even major studios aren’t immune. Marvel Studios had to settle with original comic book creators over character rights disputes, demonstrating that securing intellectual property is an ongoing battle even after initial agreements are made.
What Nollywood and Other Creators Must Learn
The Love in Every Word debacle underscores the reality that a single copyright claim can disrupt even the most successful projects. Here’s what filmmakers, musicians, and content creators must consider:
- Owning a Story Isn’t Enough
A film is a collection of creative elements script, music, cinematography, sound design, and more. Ensure you have rights to everything used in your production.
- YouTube’s Content ID Doesn’t Care
Platforms like YouTube use automated systems to detect copyrighted content. Even a five-second clip of unlicensed music or stock footage can trigger a takedown.
- Fair Use Won’t Always Save You
Many creators assume that fair use laws will protect them, but YouTube and other platforms tend to remove content first and ask questions later. The burden of proof falls on the creator to dispute a claim.
- Licensing and Contracts Are Essential
Never rely on verbal agreements. Every contributor, whether a songwriter, editor, or co-writer, should have their rights clarified in written contracts.
- Prevention is Better Than Legal Battles
Legal disputes can take months (or years) to resolve. By securing all necessary rights before release, creators can avoid costly and time-consuming copyright battles.
The Future of Copyright in Digital Entertainment
As Nollywood and other film industries move deeper into digital distribution, copyright disputes will only increase. Streaming platforms, social media, and content-sharing sites have made it easier than ever for creators to reach global audiences but they’ve also made it easier for copyright claims to disrupt that success.
For filmmakers like Omoni Oboli, Love in Every Word serves as both a triumph and a cautionary tale. The film’s reinstatement was a fortunate outcome, but not every filmmaker gets that lucky.
The question remains: Are Nollywood filmmakers and digital creators doing enough to protect their work?
The entertainment industry must take copyright seriously not just as a legal requirement but as a vital part of creative security. Whether in Nigeria, Hollywood, or beyond, the lesson is clear: Protect your work or risk losing it.
References
[1] Dhiman B (2023) A Paradigm Shift in the Entertainment Industry in the Digital Age: A Critical Review. Global Media Journal, 21:64.
[2] Business Day March 12, 2025 Omoni Oboli’s romantic drama ‘Love in Every Word’ restored accessed on 12 March 2025 from https://businessday.ng/life-arts/article/omoni-obolis-love-in-every-word-restored-on-youtube/?amphttps://businessday.ng/life-arts/article/omoni-obolis-love-in-every-word-restored-on-youtube/?amp
[3] MIHAELA BIDILICĂ ( 2023)
What Is Copyright Law? Learn the Different Types of Copyright to Protect Your Work accessed on March 12, 2025 from https://publishdrive.com/amp/different-types-copyright.html
[4] subhashahlawat (2023) Exploring the Aspects of Copyright in a Film: A Comprehensive Guide
accessed on March 11, 2025 from https://subhashahlawat.com/blog/copyright-in-a-film
[5] Unimarks (2025) Copyright in Cinematographic Work and Sound Recording accessed on March 10th, 2025 from https://unimarkslegal.com/ip-news/copyright-in-cinematographic-work-and-sound-recording/
[6] Faster Capital “Proactive Measures for Copyright Compliance”
accessed on March 12, 2025 from https://fastercapital.com/topics/proactive-measures-for-copyright-compliance.html
[7] The Nigerian Copyright e-Registration System (NCeRS) offers a platform for creators of copyright works or persons who have acquired rights in these works. https://www.eregistration.copyright.gov.ng/
[8] The 2022 Nigeria Copyright Act, Section 4, states that copyright protection is automatic and doesn’t require any formality or registration, but the Nigerian Copyright Commission (NCC) has a voluntary registration scheme
[9] Section 49 of the 2022 Nigeria Copyright Act, deals with Anti Piracy Measures
[10] Section 20 of the 2022 Nigeria Copyright Act, deals with the General Exceptions to Copyright
[11] Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994)
[12] Section 54 of the 2022 Nigeria Copyright Act, deals with Notice to take down
[13] Sylvania Ambani ( 2021)Otile Brown reacts after YouTube deletes songs accessed on March 12th, 2025 fromhttp://nairobinews.nation.africa/amp/article/?slug=otile-brown-reacts-after-youtube-deletes-songs
[14] Dani Di Placido,
(2023) Netflix’s ‘Squid Game: The Challenge’ Controversy, Explained accessed on March 12th, 2025 from https://www.forbes.com/sites/danidiplacido/2023/11/30/netflixs-squid-game-the-challenge-controversy-explained/
[15] Aaron Moses (2021) What’s Really Going On In Marvel’s Copyright Termination accessed on March 12th, 2025 from https://copyrightlately.com/marvel-copyright-termination-lawsuits/
[16] Rich Stim (2019) Measuring Fair Use: The Four Factors – Copyright Overview accessed on March 12th, 2025 https://fairuse.stanford.edu/overview/fair-use/four-factors/
[17] AJ Park (2019)The future of copyright protection in the digital age accessed on March 12th, 2025 from https://www.lexology.com/contributors/aj-park
[18] Ibid
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