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ABSTRACT
Entertainment law is the field of law that deals with the legal and business issues in the entertainment industry (film, music, theatre, sports). It also involves the representation of artists and producers, the negotiation of contracts and the protection of individual property rights. Nigeria is home to a host of musicians, actors and sportsmen whose works are widely enjoyed by a diverse audience both locally and internationally. As these entertainers earn, they also pay tax to the Nigeria government. As at 2017, the entertainment industry was contributing N1.35 trillion to the country GDP.
The laws governing entertainment in Nigeria are solely based on intellectual property laws. This is inadequate because intellectual property is merely an aspect of entertainment law. There is therefore a need to have a comprehensive legal framework to regulate the entertainment industry. In addition, there is the specific problem of the absence of image rights usage protection within the existing legal framework in Nigeria. Image rights refer to the control over an image by the personality whose image is portrayed or by the image creator. It is a means employed by business owners to increase sales through the endorsement of popular entertainers. The legal issues arising from the unauthorized production, reproduction and use of these images may be closely related to intellectual property, trademarks, and copyright but it also cuts across other aspects of laws not governed by Nigerian laws, such as an entertainer's right of publicity. These rights need to be protected. Wrong usage of celebrity image rights can be detrimental to the owner's reputation and income. There is no such protection under Nigerian laws. This essay examines the issues arising from the absence of a comprehensive entertainment law framework and image rights usage and proposes the development of a comprehensive framework for entertainment law in Nigeria.
