NOLLYWOOD: A RESOURCES THAT NEEDS CONTROL

Resource Control has become an important political and economic lexicon in modern geo political realities.In the emerging economies of the world,most especially in Africa,resource control has accounted for numerous armed conflicts,political instability, and economic stagnation. Resources in emerging economies like Nigeria are primarily ascribed to natural & physical properties like oil and gas,agricultural products,gold,diamond and like products that are discoverable under the bowels of the earth.

The attraction to tangible properties like oil, commonly called the “black gold”in Nigeria has resulted in the neglect of other resources which could compete ,if not out- rank oil in terms of wealth generation.Intellectual property rights are resources that Nigerians have neglected or unaware of as a property.It is an intangible property that has generated economic growth and wealth in counties like United States,India,Japan,France and United Kingdom.In the United States ,Hollywood has contributed immensely to the nation’s GDP .In India, Bollywood has contributed greatly to the nations economy.It is the strength of its intellectual property regime that has propel these entertainment capitals of the world to become economic and cultural model,that most of the world desire to emulate.The copyrights ,patent,trademark & publicity rights policies of these countries have been a motivating factor for the economic growth of their entertainment industry.

Nollywood,the Nigerian movies and entertainment industry has been reported by the United Nations to be the fastest growing entertainment industry.It is also second to Hollywood in terms of growth and productivity.In its 2009 report UNESCO,declared that the Nigerian Film Industry is a global leader in the number of movies produced each year. Nollywood is estimated by some industry analysts to be a $250 million dollar per year industry.However,there are no structures and evidence on ground in Nollywood to collaborate the quality and capacity of Nollywood.The Nollywood’s DVD movies are seen in grocery stores all around United States,South Africa,London and unimaginable places in the World. Nollywood’s artist images are seen in commercial media used for events promotion and product endorsement.How much these artist get from proceeds of the usage ,sales and advertisement of their images may not be comparable to what is the practice in Hollywood and other entertainment industries.

The scourge of piracy and infringement of intellectual property rights (used here in a generic sense) of works of Nollywood should be a source of national economic concern and outrage.There is a consensus on the abundance of creative artistic talents in Nollywood. Why can’t we develop the industry to compete and generate income commensurate with what obtains in other global entertainment industries. Nollywood can be a significant economic diversifier,if its cultural and creative capacities are fundamentally developed.It will contributes significantly to the nation’s GDP.

The abundant creative talents in the peoples of Niger Delta,Arewa,Odua and Ndigbo can be tapped positively for the economic benefit of the individual and corporate society.Imagine,if the kidnapping “business men” ,realize that the entertainment industry generates more income and revenue than oil.There may be less tension in the political landscape because the economic space would be enlarged and democratized.The political space may be saved from people whose main interest is to partake in sharing of the “oil money”.These barons may be persuaded to invest their interest in entertainment business.May be it sounds academic,but the point is that there will be other lucrative legitimate avenues that our productive energies can be directed.

Our concern as a nation should be the rejuvenation of our entertainment and cultural industry. The entertainment and cultural industry,particularly the movie/film sector must seduce foreign and national private investors .The pedestrian level of Nollywood does not promote investment opportunities. The lack of effective and efficient structures and policies negates investors’ economic interest.The lack of protective policies for intellectual property right does not encourage an investor to take the risk of investing in Nollywood.

A well developed intellectual property regime can elevate intangible assets like intellectual property rights as a collateral for credit facilities.Young and potential Nollywood rights’ owners who have ideas that need to be brought to life creatively but lack the financial capacity ,can approach a financial body for project financing.The financial system must have confidence in the knowledge economy.Knowledge economy ,which is the genre of intangible assets that intellectual property rights represent can produce returns on investment.This could be achieved by a deliberate developed risk management system for intellectual properties.Technical Protection Measures, specialized computation standards by the Securities and Exchange Commission are a few ways that intellectual property rights can be valuable assets.

The digital age in which the entertainment industry operate makes infringement and stealing of intellectual property cheap and easy.An investor must be assured that her investment will be protected in the age where it is easy with a click of the keyboard billions of dollars are lost.

The government of Nigeria must step in consciously and join other nations who have adapted their intellectual property regimes to current practices.Although,it is not the government that should take a lead in investing in Nollywood.It is the private sector that must take the lead.The role of government must be limited to regulatory ,policy and infrastructural development. Provision of secured environment,encouraging tax rebates, amendment of current Intellectual Property laws.

The Copyright Act must be updated and amended to conform with current global practices.The global entertainment industry that Nollywood belongs operates in various digital platforms.The Nigerian Copyright Act in its present form is out dated and obsolete. There is no provision made to protect copyrights of Nollywood practitioners in the digital platforms.The infringement of their copyrights and other IP rights are mostly going to be carried out on these platforms.The DVDs, the internets,the smart phones and other electronic devices are where the current and next frontiers of IP protection resides.Nollywood is left behind because her works may not be protected.The digital age and intellectual property interface have been recognized by the United Nations.This led to the implementation of the WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty.Technical protection Measure have been recognized by nations that acceded to these treaties as a form of protecting the copyrights of their nationals.These nations have included this new genre of intellectual property rights in their national laws.The Digital Millennium Copyright Act is the United States response to dealing with the digital age.Infringers of copyright and circumventers of technical protection measures in copyright are held accountable.We do not have this tools in Nigeria.This is a serious set back in our effort to be innovative and creative.

Nigeria should accede to WIPO Copyright Treaty and other international instruments so as to avail her of the tools in place globally in protecting and enforcement intellectual property rights of Nollywood.It would be easy to enforce the intellectual property rights of Nollywood practitioners in other parts of the world if those rights are infringed . The reciprocity obligations of member Nations to these international treaties make it easier for the right of a non nationals to be enforced in a foreign land.

Another multiplier effect of Nollywood,would be the emergence of an innovative software industry in Nigeria.Software is the engine of the digital platforms.It is software that runs the digital platforms in which modern entertainment activities are delivered and distributed.The movies and music industries distributed and delivered in the internet,the smart phones,computer networks,DVD,CDs, and other electronic devices are based on innovative softwares.The Nigerian software creators should collaborate with Nollywood rights’ owners through efficient licensing vehicles to create software for the indigenous entertainment industry.The allied industry that would come out of this synergy will be an economic boost to the individual rights’ owners and the corporate national interest.

In the United States Article 1 Section 8 of theUnited States Constitution makes copyright and patent a guaranteed right to her citizen.Nollywood rights’ owners must be guaranteed similar protected rights in the Nigerian Constitution.The technological and innovative advancement of the United States is attributed to the constitutional protection granted to intellectual property rights. This is the time for Nollywood and intellectual property to be regarded as a national economic asset. Nigeria’s desire to compete and excel in global innovation,creativity and technology may depend on it.The new frontier of emerging economic power is in the innovations. Afterall,oil does not possess the exclusive patronage for control as a resources.Nollywood can control its resources too.

THE WAR AGAINST THE RICH

Every child in my generation and from my background in rural Nigeria,was taught to work hard study in school and strive to make a great life for himself and his family.In essence,one of the early prayers you hear poured on a new born child ,is that he/she should be rich and wealthy to bring progress into the family.The source and motivation for success for most people come from this foundational concept that though your beginning may be small your later life ought not be small but progressive and innovative.

In my background and most of humanity ,we strive to progress from one lower scale of life to a better and comfortable scale of life.The United States became famous for the fact that dreams could be realized no matter what your societal scale of beginning .The entrepreneurial spirit that the founding fathers of America desired was actually inscribed in the founding documents and the constitution.

So what is all this bashing of the rich in America.I may not be rich now but by god I desire to be rich ,very rich,that is why we work and live,perhaps.The democratic party led by President Obama, have made class warfare a political strategy.The rich are the villains,they are responsible for all the ills in America's society,they oppress the poor.The middle class must be prop up to counter the rich...this goes on and on.The fact of the matter is that the so called middle class want to move from that middle class to the next class.The competitive spirits in the economic space is what separates United States from other nations.This country was not made great by politicians creating class warfare between one class against another.America was made great by creating the space for all class to compete and strive to attain their best creativity.
It does not bode well for the United States if there is a perception that the President is anti wealth,anti success and anti business.The signals coming from the white house is not encouraging to those who want to be rich tomorrow.
The political climate does not require class warfare to make ones political base energized but doing things that will improve the moral,economic and spiritual standing of ones base.
At the end of it all,ones political base should be the United States of America.

THE ISLAM I KNOW

The furor of the ground zero mosque project has mostly exposed the ignorance and confusion on what truly Islam represents.What is Islam? Is there an inherent contradiction in Islam ,as it exist in Christianity and other religion? Let us take an example here; As a christian i ponder at most times, if Christianity promotes slavery? But with teachings,discussions, and enlightenment ,I know that Christianity does not promote slavery.However,if you read Ephesians 6:5-7, "Slaves, obey your masters with deep respect and fear.Serve them sincerely as you would serve Christ....", without understanding you would think that Christianity promotes slavery.There are also Christians out there who may justify their misguided conducts by claiming support from biblical verses like this.Such actions would be contrary to the Christianity i know and the United States constitution. How do we reconcile religious ideologies and tenets with secular legal realities of our present Geo-political structures.United States is a constitutional Republic,that practices democracy. Majority of the teachings we see in the Bible , Koran and other faith books CANNOT be practiced in the United States without a serious affront on the constitution of the United States.How do we judge Islam? Personally,I think Muslims should educate non adherents in a unique society like America on what Islam represents. In Saudi Arabia,Iran, Indonesia,Nigeria,Iraq, Taliban "Kingdom",Al Qaeda "Kingdom" and other countries/ political entity that Islam is practiced, fundamental and genuine concerns are raised by non adherents.Which is the proper Islam? Islamic scholars and teachers must come out vividly and put doubts and confusion to rest.Do we use Saudi Arabia or Iran as a case study of what Islam is? So how do we strive a balance,so that we live this American dream without fear of any culture derailing the Dream.

I came into contact with Islam,in 1991 ,after my law school in Nigeria.I was captivated and enticed by Islam.By providence i met a friend ,who is a Muslim.He took me as a blood brother,help me by introducing me to his family.This family showed me love,even to this day.I am from a christian family from the south of the country,while they come from the north,a predominantly Muslim region.When i did not go to church on Sundays,my friend would scold me.A Muslim,telling me to attend church? That is the Islam and Muslims I Know.They never discriminated against me but treated me as their blood relation.Whatever,i am today ,apart from my parents and family,these Muslims had positive effect on my success in life.I have gone ,this length ,to mirror that the problem may not be in the religions but with people, how they practice their religion.
So whether, you are for the mosque or against it at ground zero,it is how we practice our faith that will mirror and give meaning to what our faith represents.
The extent that we practice good,will go a long way to draw people to our faith.
There is need for practical commonsense approach for dialogue between Muslims and non Muslims in the United States .It is a fact that some members of the Muslim faith are committing criminal acts in the name of the religion.It is the responsibility of Muslims to openly and loudly condemn any acts of crime committed in the name of Islam. There should be more interfaith conferences organized to educate all Americans ,of what Islam represents.

Muslims should stand up and not allow their faith to be hijacked by Taliban,Al Qaeda and their likes.I still believe that the Islam i encountered in 1991 ,is still with us.

NEW FACE OF AMERICA

The issue whether same sex marriage should be allowed has rocked the country for a while now,with the recent ruling of the federal judge in California upholding same sex marriage.
It is true that marriage is a private matter and also a guaranteed constitutional right.However the bone of contention is whether the traditional definition and concept of marriage should be changed by a single judge or body of justices in the judicial branch of government.

There may not be consensus on same sex marriage nationally but states should be allowed to decide whether same sex marriage should be part of their culture . Afterall domestic relations and issues of marriage have always been left for the states of the union to decide.

If same sex marriage is recognized as a constitutional right ,are we ready to accommodate other forms of marriage? Where are we going to draw the boundaries.There are traditional religion practitioners in the United States who may also assert their constitutional right to marry more than one wife.Numerous African customs and beliefs are rooted in African customary ethics.These group of people believe and practice polygamy(marrying of more than one spouse). So are we going to discriminate against them? Is the equal protection under the law and due process provisions of the United States constitution not available to these group of people.
If the courts grant homosexual Americans the right to marry,what about the Muslim who is entitled to four wives under sharia.How about the traditional religion and African customary ethics practitioner ?are we going to discriminate against them?

The New face of United States that may emerge ,or that is emerging should all give us cause to pause and ponder.Is this the United States that the colonist had in mind or is it the United States that the founding fathers had in mind?

OBAMA'S GIFT TO REPUBLICANS:Ground Zero Mosque

What was the President really thinking?Does he think Americans do not comprehend English or that we are all disciples of political correctness.Why did he not ignore commenting during the ceremony with his Muslim brethren last Friday at the White House.
Just like the case of the white policeman and the black professor,our President seems to create an unnecessary distraction for his party.In a tough election year for the democrats,an emotional issue like the building of a mosque two blocks from ground zero in lower Manhattan should not have been his fish to fry now.After all,the white house had told us that it was a local issue for New york.

It is rather interesting that after President Obama, elaborately stated that he approved of the rights of Muslims to build a mosque in Lower Manhattan near ground zero(as if Americas are stupid not to know what the main point of disputes are),he is now walking backward and forward in a grand act of political somersault to put some spin to his misadventure.
Now republicans can go on having great political assault on the democrats,turning the issue to a national political talking point.
I wonder if the political strategist in this white house are not republicans..just thinking aloud.

The Opener

This is where i will be exhaling my political,legal,social and life views.You are welcome to disagree with me.I am grateful, i live in a land where i can freely express my views.I am grateful to be in the United States of America. A land that welcome immigrants, a land where the dreams can be fulfilled,a land of the brave , a home of and for the free.

Let us be grateful for this is the only country still standing where you can live in liberty and in pursuit of happiness.