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Saturday, May 25, 2019

Folklore, Traditional Creativity & (Mis) Appropriation


Except from Dr. Samuel Andrews’ SJD dissertation April 2018.
*(available also at) 1 OAU L.J. 217, 225-29 (2018).
[D] Renegotiating ‘AfroNdise’ Creative Landscape
            [1] Background
This Chapter coins the term ‘AfroNdise’ to describe Africa’s indigenous cultural cinematographic works.[1] ‘AfroNdise’ is derived by merging the word ‘Afro,’ a reference to African or black culture and ‘Ndise,’ an Ibibio term for film, picture and spectacle.[2] The Ibibios are an ethnic community in the South-South region of Nigeria.[3] Chapter Five uses AfroNdise and Afrollywood interchangeably.
Nollywood introduced a unique indigenous creative genre to other parts of Africa. Across Africa, Ghanaians refer to their movie industry as, Ghallywood.[4]  South Africa’s movie industry is either Joziwood, Jollywood, or Vollywood, it is categorized based on the genre and how it relates to a thematic analysis.[5] In Kenya, filmmakers refer to the contemporary genre of movies as Kennywood.[6] This Chapter descriptively refers to Africa and black cultural creative film industries as ‘AfroNdise.’
The international creative communities led by the United Nations have initiated several treaties to regulate the use and compensation systems of cultural materials.[7]  This Chapter will examine the efforts of UNESCO and WIPO, to adopt a legal regime that is globally acceptable for protecting cultural proprietary rights of indigenous people and traditional societies.[8]
The recent Marvel and Walt Disney Studio’s production of ‘Black Panther’ creates a renewed interest in the debate of the proper value or compensation that African communities deserve, for the use of their folklore, art craft, fashion designs, songs and sacred creation in a derivative cinematographic work.[9] The movie, ‘Black Panther’, made box-office record by earning more than $400 million within ten days of its release in the U.S. and $700 million overseas in two weeks.[10]
The movie depicts a fictional Central or Eastern African nation, Wakanda, with abundant reserves of a rare mineral deposit, Vibranium.[11]  Wakanda is a technologically superior country that was not colonized by any Western Nation. Vibranium, has a ubiquitous technological superiority that sets the country above its neighbors. 
T’Challa, who succeeded his father to be the leader of Wakanda, wanted to continue the kingdom’s isolationist policies that he taught kept them safe. However, Erik Killmonger, the King’s cousin questioned T’Challa’s legitimacy to the throne and had a contrary vision as to the use of Vibranium.  Killmonger sets in motion plans to claim the throne from T’Challa and control the mineral resource. He envisaged that Vibranium could be used as a tool to change the political and economic power structure of the world.
[2] ‘Wakanda’: Cultural Anachronism & Cinematographic Appropriations
Professor Arewa contends that ‘borrowing’ certain African cultural works in the context of a commercial exploitation and for profit, just as the song, “The Lion Sleeps Tonight”, may cross the line into appropriation of creative culture.[12] Expounding further on Professor Arewa’s argument, this chapter contends that on the backdrop of Western colonist exploitations of African resources, coupled with the competitive advantages enabled by advanced digital technology.[13] Western creators, traditional communities in Africa and other places should create a new intellectual property regime.[14] This can be achieved by renegotiating with traditional communities in Africa and other continents that recognize the exploitative intersection of a “borrowed” African creative culture, folklore, artwork, songs, sacred institution and native fashion designs.
The movie ‘Black Panther’ depicts and uses both fictional and non-fictional African creative contents.[15] For example, Wakanda’s elite female guard draws on the traditions of Kenya, South Africa and Namibia.[16]  Another example for purposes of Intellectual Property law intervention is Wakanda’s king, T’Challa, wearing a tunic with an embroidered collar similar to those worn by Yoruba men in Nigeria.[17] The producers of “Black Panther,” perhaps for legal and artistic reasons, created a derivative art by combining cultures of different African ethnic communities into a new form of fictional African culture or art.[18] The cultural anachronism however does little to shield the appropriation of the inherent cultures that forms the basis of the screenplay.[19]



[1] See Jyoti Misty & Jordache A. Ellapen, Nollywood’s Transportability: The Politics and Economics of Video Films as Cultural Products in Global Nollywood: The Transnational Dimensions of an African Video Film Industry 46-69 (Matthias Krings & Onookome Okome, eds., Bloomington: Indiana University Press, 2013).
[3]  See Susannah Walker, Black is Profitable: The Commodification of the Afro, 1960-1975, 1 Enterprise & Society 536-564(2000); See also, Gregory U. Rigsby, Afro-American Studies at Howard University: One Year After, 39 J. Negro Edu.  209-213 (1970); This thesis also refers to Afrondise as “Afrollywood.”
[4] See Carmela Garritano, African Movies and Global Desires: A Ghanaian History 1, 154-194 (Center for International Studies; Ohio University Press, 2013).
[5]  See Jyoti Misty & Jordache A. Ellapen, supra, note 219 at 55-60.
[6] See George Issaias, East Africa: The Start of a Booming Film Industry?  True Africa (December 15, 2015),  https://trueafrica.co/article/east-africa-the-start-of-a-booming-film-industry/; see  also Frankline Sunday, Kenya’s Film Industry is in Revival Mode, Standard Digital (October 6, 2015), https://www.standardmedia.co.ke/business/article/2000178722/kenya-s-film-industry-is-in-revival-mode.
[7] See Wendy Wendland & Jessyca V. Weelde, Digitizing Traditional Culture, WIPO Magazine (June 3, 2008), http://www.wipo.int/wipo_magazine/en/2008/03/article_0009.html ;  see also World Intellectual Property Organization, Indigenous Community Goes Digital with High Tech Support From WIPO, WIPO Media Center: Press Releases (August 5, 2009), http://www.wipo.int/pressroom/en/articles/2009/article_0030.html; see generally, Olufunmilayo Arewa, Cultural Appropriation: When ‘Borrowing’ Become Exploitation, The Conversation (June 20, 2016), https://theconversation.com/cultural-appropriation-when-borrowing-becomes-exploitation-57411; see also https://www.huffingtonpost.com/the-conversation-africa/cultural-appropriation-wh_b_10585184.html ; see e.g. §§ 5.6 [A], [B],[C] supra, at 241-251.
[8] See § 5.6 [A], [B], [C] supra at 241-251.
[9] Id.
[10] See Elahe Izadi, ‘Black Panther’ Keeps Smashing Records, Exceeding Box-Office Expectations and Making History, The Washington Post, (February 25, 2018), https://www.washingtonpost.com/news/comic-riffs/wp/2018/02/25/black-panther-keeps-smashing-records-exceeding-box-office-expectations-and-making-history/?utm_term=.44934949e52f ; see also Andrew Chow, “ Tomb Raider” Can’t Topple ‘Black Panther’ at Box Office, New York Times (March 18, 2018), https://www.nytimes.com/2018/03/18/movies/black-panther-box-office-tomb-raider-i-can-only-imagine.html (reporting that black Panther, the movie earned $605million domestically and $1,2 billion globally five straight weeks after its official release).
[11] See Elahe Izadi, supra note 228.
[12] See Arewa, supra, note 225.
[13] See Negativland, Two Relationships to a Cultural Public Domain, 66 L. & Comtemp. Problems  239-62 (2003).
[14] See Paul Kuruk, The Role of Customary Law Under Sui Generis Frameworks of Intellectual Property Rights in Traditional and Indigenous Knowledge, 17 Ind. Int’l & Comp. L. Rev. 67 (2007).
[15] See Mallory Yu, ‘Black Panther, Costume Designer Draws On ‘The Sacred Geometry of Africa,’ NPR.org (Feb. 16, 2016),  https://www.npr.org/2018/02/16/586513016/black-panther-costume-designer-draws-on-the-sacred-geometry-of-africa
[16] Id.
[17] See Zeba Blay, From Zamunda to Wakanda: How ‘Black Panther’ Reimagined African Style, Huffington Post (Feb. 16, 2018), https://www.huffingtonpost.com/entry/how-black-panther-reimagined-african-style_us_5a7730e0e4b01ce33eb3e6d5
[18] Id.
[19] See Jelani Cobb, “Black Panther” and The Invention of “Africa,” The New Yorker (February 18, 2018), https://www.newyorker.com/news/daily-comment/black-panther-and-the-invention-of-africa

Wednesday, May 22, 2019

Mr. Samuel Andrews' SJD Dissertation Defense


Suffolk University Law School, Boston, Massachusetts. USA. April 20, 2018
Mr. Samuel Andrews' SJD Dissertation Defense



https://suensemble.suffolk.edu/hapi/v1/contents/permalinks/g3F5Wse6/view?fbclid=IwAR0OgdrSwlkNDLs9L35ZQhV4VUpgyWKbvEpz4aG_EH2l_KHg6oUzMW9ygc0

Reforming Copyright Law For A Developing Africa


Reforming Copyright Law For A Developing Africa
66 J. Copyright Soc'y USA, 500 (2019) Publication forthcoming in the Journal of Copyright Society of the U.S.A.
Samuel Samiai Andrews[1]


Table of Contents  
Abstract…………………………………………………………………………………………  2
§1.0 Introduction……………………………………………………………………………… 3
§1.1Article Road Map……………………………………………………………………….. 4
§1.2 The Background…........................................................................................................... 6
§1.3 African Cultural Industries: The Films Resurgent………………………….................9
§1.4 Nollywood: The Birth of An Indigenous Creative Industry…………………….............10
    [A] Living in Bondage (1992): A New Creative Industry………………………………………..10
    [B] Piracy and Nollywood’s Emergence………………………………………………….12
    [C] Nigerian Socio-Economic Reality & Nollywood……………………………………14
§1.5 Issues Arising……………………………………………………………………………18
[A] Microsoft v. Franike Associate Ltd………………………………………………………....20
     (I) The Doctrine of National Treatment Ignored…………………………………………….21 
     [B] Nigerian Bar Association v. Oladelemi Olubakin……………………………………....23
     [C] Kidjo Angélique v. Akpovi H. Athanase ………………………………………... 24
§1.6 Nollywood Inalienable Rights in Creativity……………………………………..............27
    [A] Reflections from Nollywood Industry….………………………………………………...29 
      [1] On the Piracy Problem ………………………………………………………………….30
      [2] Policy & Creative Rights Enforcement………………………………………………... 32
      [3] Regulating Interventions………………………………………………………………. 32
 §2.1 Reconceptualizing Nigerian Copyright Law……………………………..........................33
      [A] Fair Dealing In Fair Use?.......................................................................................... 36
         [1] The Essentials of Fair Use…………………………………………………………… 36
         [2] Nigeria’s Fair Dealing Doctrine……………………………………………………... 37
         [3] Is Fair Use the Way for Africa & Nigeria?.................................................................. 39
         [4] The Soothing Balm of Fair Use……………………………………………………... 39
    [B] Technical Protection & Anti-Trafficking Rules….…………………………………….39
        [1] The U.S. Anti-Trafficking Provisions……………………………………………….40
        [2] Nigeria’s Anti-Trafficking Devices………………………………………………….42
    [C] Immunities & Safe Harbors for Creativity….………………………………………….42
        [1] The U.S. Safe Harbor Rule…………………………………………………………..42
        [2] Nigeria’s Digital Safe Harbor………………………………………………………..43
          [a] The Takedown Rules……………………………………………………………….44
          [b] Nollywood Response to Takedown Notices………………………………………..44
          [c] Moderating Takedown……………………………………………………………...46
            [d] The Nigerian Putback Process……………………….……………………………47
     [D] Enhanced Copyright In Creative Industry & Investors……………………………….49
        [1] Direct Investment & African Creative Industry……………………………………..49
        [2] Lack of Supporting Infrastructure for Content………………………………………53
        [3] A Case for Better Metrics for Afrollywood Film……………………………………54
§ 3.1 The Controversial Aspects of The Proposed Reforms…………………………56
       [A] The AntiCircumvention Controversy….……………………………………………..56
       [B] The DMCA Experience….…………………………………………….……………..57
         [1] A Case of Copyright Overreach?...............................................................................59
       [C] Nollywood Doctrine of Copyright Misuse….………………………………………..62
       [1] The NCC As Copyright Misuse Referee……………………………………………..63
       [D] Necessity for Interoperability….…………………………………………………….63
Conclusion…………………………………………………………………………………....66

                             
                                                                                                                                                             

Abstract
This article explores the intersectionality between enhanced national copyright laws and   economic growth of African creative industries. Recently, African creative industries, which include films, fashion, traditional cultural expressions, music, and literary arts, resurged into various national economic productive space. This article critically examines and analyzes the connecting thread between African creativity and economic growth. I use Nigeria as a case study to critically analyze how a strong National copyright regime may impel an indigenous creative industry, for example, ‘Afrollywood.’[2] Nollywood, the Nigerian film industry is the third largest globally in terms of production index. Hollywood is the leading film industry while Bollywood and Nollywood occupy the second and third position respectively. Most developing economies in Africa, including Nigeria suffer from legal lag in their intellectual property (IP) right regimes. The consequences of playing ‘catch-up’ in IP policies and rights enforcement stalls the developing of robust regional and international trade system and creative industrial base. Therefore, Africa interacts in a monetized creative field that is uneven. This article concludes that a starting approach to spur African creative industrial economic engine and artistic forces is reforming and enhancing its copyright laws to recognize digital era productive realities.

Keywords: Intellectual Property, Nollywood, Creative Industry, Nigerian Copyright Laws, Digital Copyright, International Trade & Development, Trademarks, Cyberspace law, Contract laws, Creative Human Capital, Technology law, Technical Protection Measures, Afrollywood, Naijacomedy.



          §1.0 Introduction
African economies traditionally relied exclusively on the extractive industries of minerals and oil deposits as their sources of revenues for economic and social development.[3] However, from the beginning of this millennium the World Intellectual Property Organization (WIPO) led the efforts to explore and highlight the relevance of intellectual property rights, particularly copyright in the growth of African knowledge economy and industries.[4]
African nations in recent years have increased its innovative capacities and focused on alternating its sources of national revenue.[5] Africa has an abundance of creative human capital that needs the deliberate and strategic deployment of enhanced legal system and public policy.[6] WIPO encourages African nations to adopt a mix of effective IP regime and policies as a strategy for productive cultural and knowledge-based economies.[7]
In 2002, New York Times coined the indigenous Nigerian film industry, Nollywood, after Hollywood, the United States entertainment hub and Bollywood, the Bombay-Indian movie industry.[8] Nollywood’s unique creative model of shooting low-quality movies within two to four weeks with a video recorder, and taking advantage of an underground piracy distribution infrastructure to market its goods was a novel concept.[9] Section One of this article further highlights the emergence of Nollywood from its pedestrian stage to global recognition.
§1.1 Article Road map
This article critically examines and analyses the significance of digital copyright laws in the growth of Africa’s emerging creative industries, using Nigeria as a case study. This article will examine the role of copyright laws in protecting, safeguarding and stimulating African creative industries as an alternative to dependency on natural-mineral resources.[10]  It explores the intersectionality of enhanced copyright regimes of the digital era and African economic growth.[11] This article acknowledges the dearth of African case law and literature on the issues of digital copyright regimes, and will engage mostly in a comparative analysis of the Nigerian and United States legal system.
 Nigeria is Africa’s largest economy and the birthplace of the third largest film industry in the world, Nollywood.[12]  Nigeria has a population of more than 180 million people and a nation with the largest number of people of black ascendancy in the world.[13] Therefore, Nigeria’s potentials as a reservoir for cultural and artistic contents are significant in global creative industries.[14] This paper evolves in three sections. Section One examines the background and necessity for digital copyright in Nigeria’s economy using two case studies to highlight the significance of copyright laws in Nigerian socio-economic experiences.
 Section One also critically analyzes the impact of copyright regime on Nigerian creative industry through the perspective of stakeholders of the creative industry. To understand the reality of Nigerian and African copyright regime and its dynamical interactions with creators. I conducted semi-structured interviews with a dozen Nigerian film industry stakeholders, which included filmmakers, government copyright regulators, Nollywood actors, culture journalist and copyright scholar.[15]
The common thread among Nollywood stakeholders I spoke with was the need to enhance Nigerian copyright law in both policy, enforcement and legal system.[16] Majority of the interviewees held the opinion that enhancing Nigerian copyright regime will incentivize the creative spark of Nollywood industry and spur investment in the industry.[17] Section Two examines Nigeria’s initiative in reforming its copyright regimes to adapt to contemporary digital economy. It further examines the intersectionality between enhanced copyright regimes and investment growth in Africa’s creative industries. 
Finally, Section Three critically analyzes the digital copyright regime of the proposed Nigerian law and makes suggestion for a fit regime for Nigeria and Africa. This article concludes by exploring the significance of African digital copyright regime. The role of intellectual property stakeholders (judges, lawyers, creators, and policymakers) in reconceptualizing an effective copyright regime to protect the African creative industries continue to evolve.
§1.2 The Background
Most of the developed nations reformed their intellectual property (IP) laws to reflect the acceded IP Treaties of the late 1990s.[18] The United States Congress for example, enacted the Digital Millennium Copyright Act (DMCA) as part of the United States laws.[19] The WIPO Copyright Treaty (WCT) heralded the recognition of technological intersections and creativity.[20] The treaty introduced a new legal Order different from the traditional copyright methods, which focuses on forbidding unauthorized reproduction of literary creative and non-literary works enabled by technology.[21] The advent of the Internet and technological innovations in the late 1980s birth a digital economy.[22] Legal scholars coined the term ‘digital copyright’ to capture the connection between the emerging economy and the methods of creating copyrighted works for new platforms.[23]
In Africa, policy makers and the political class have apathetically ignored the creative industries because of either political philosophies or abject ignorance.[24] African creative industries include fashion, film, folklore, traditional culture expressions, sculpture, music, literature, literary works, drama, animations and celebrity branding.[25] Innovators on new platforms like the Internet and software programs-driven ecosystems began to rely on digital copyright regimes to protect their creativity.[26] Digital copyright regimes like Technical Protection Measures (TPM), Digital Rights Management (DRM), and Takedown and Putback processes have become a significant part of copyright law.[27]
In Nigeria, Policy makers concentrated only on the oil economy and completely neglected the significance of the knowledge economy. [28] The Nigerian legislature ignored the encompassing reach of technology and its relationship with creativity.[29]  Issues relating to intellectual property rights in Nigeria were not given due attention until the late 2000 when Nollywood industry stakeholders gave prominence and visibility to piracy issues affecting the film industry.[30]
Nollywood loses an estimated $2 billion per year to piracy because of Nigeria’s weak copyright regime.[31]  A survey conducted by the Nigerian Copyright Commission and the Ford Foundation in 2008 indicated that pirated copies of creative works constitute 58% of copyrighted works in Nigeria.[32] The Nigerian creative industries like music and traditional cultural creators have the potentials of growing an economy as shown in the recent reports on the rebasing of the national gross domestic product (GDP) index.[33] Other African economies can grow their economies with using the same template of Nollywood.
§1.3 African Cultural Industries: Films Resurgent
African extractive industries have dominated the economic and trade ecosystems of most of its nations.[34] Significantly, African creative industries recently have become a significant source of revenue for some countries.[35] For example, at the beginning of 2014 Nigeria became Africa’s biggest economy with help from Nollywood’s revenue stream.[36] Prior to resurgence of Afrollywood, conflict over mineral deposit ownership civil war engulfed several countries.[37] For example, Nigeria, Liberia, Sierra Leone, Congo and South Africa have fought civil wars or experienced environmental degradations directly related to exploration of oil and different types of mineral deposits.[38]
Africa suffers from legal lag in its copyright jurisprudence.[39] Most countries in Africa have not reformed their copyright laws to recognize the contemporary digital era means of production and creativity.[40] African economies until the current millennium paid little or no attention to its creative human capital and industry.[41] With a population of more than 1.3 billion people, Africa with a monetized creative content and goods has the capacity to promote inter-regional and international trade in creative contents to spur its internal economies.[42]
§1.4 Nollywood: The Birth of An Indigenous Creative Industry
 [A] Living in Bondage (1992): A New Creative Industry
Living in Bondage, a video film shot in Video Home System (VHS) and produced by Kenneth Nnebue in 1992, jump-started the Nollywood industry.[43] Obi-Rapu, who directed Living in Bondage, worked at the Nigerian Television Authority as a film content resource person.[44] Living in Bondage was a movie made in indigenous Igbo Nigerian language.[45] This film depicted the belief in local folklore of apparitions, deities and instant justice from the gods.
The film was aesthetically poor but became a symbol of a creative indigenous entrepreneurship.[46] Nollywood film industry started as a profit driven commercial enterprise.[47] It primarily took advantage of the economic benefits the new source of arts brought to filmmakers. Kenneth Nnebue, the acclaimed progenitor of Nollywood industry was the motivational force for this growth.[48] Kenneth Nnebue, who started the Nollywood industry, explained that “[m]y initial interest on movies was only commercial….”[49] The commercial interests of Nollywood stakeholders influenced the creative phases of the industry from start.[50]
 Nollywood filmmakers contend that economic incentive is the principal driving factor for filmmaking, although expression of creative talent plays a motivation force.[51] The late Amaka Igwe, one of Nigeria’s female award-winning Nollywood filmmakers, suspended producing and making films because of the depressive economic incentives, which befell the industry in later years.[52] Therefore, without commercial profits Nollywood filmmakers will abandon their trade.[53]
Kenneth Nnebue’s successful entrepreneurial strides challenged other producers in Nollywood to create films in an unprecedented spree.[54]  After Living in Bondage, several other movies flooded the commercial space and a new cinematographic experience began in Nigeria.[55]  Living in Bondage, is a story about a man, Andy Okeke,[56] seeking wealth and material achievement.[57]  The principal character, Andy Okeke, joined a cult to advance his goals of wealth and power.  The cult demands that the prize for wealth be the sacrifice of his wife. He killed his wife as a sacrifice for reaching wealth. The ghost or apparitions of his wife tormented him, and he became mentally ill. Okeke’s family resorted to seek spiritual help from a church to heal him of his mental health issues.[58]
The Nigerian audience identified with these movies because it was a nuanced factual depiction of their socio-cultural experience.[59] Living in Bondage also depicted the folktale of the power of good over evil in local Nigerian folklore and anthropology.[60] Popular folk tale in Nigeria among the Yorubas, Igbos and most ethnic groups hold the belief that anyone responsible for the death of another will experience torment by the apparition of the deceased.[61]
[B] Piracy and Nollywood’s Emergence
The seamy side of the video home system (VHS) and videocassette recorder (VCR) technology was that it enabled easy duplication of films leading to widespread piracy.[62]  Nollywood loses $2 million yearly to piracy and its artists earn less income for their creative works.[63] Piracy has become Nollywood’s Achilles’ heel because digital technology enabled the rapid production of their films.[64] The illicit film replication continues in large volumes and unregulated.[65]
The straight-to-video (STV) production system became the weak link in the Nollywood distribution chain because the videotapes, DVDs or VHS cassettes had no protection against illegal duplication.[66]  A quarter century after the first Nollywood films appeared, the industry is now at a crossroad that needs enhanced copyright protection.[67] Film pirates exploited the high demand and limited access to Nollywood films with the alternatives of unauthorized copies.[68]
 In the United States, copyright laws strengthened the major movie production studios’ regulated system.[69] The movie studios mostly release the movies through approved cinema theatres, thereafter through the digital versatile disc (DVD) format, and recently through online streaming.[70] Film piracy is also a threat to creative contents and rights in the United States.[71]
The Motion Picture Association (MPA) commissioned an international strategy-consulting firm to conduct a survey, which showed that film piracy rather than decrease in the USA increased in evolving manner.[72] However, the negative impacts of this underground enterprise in Hollywood compared to Nollywood are in different economic scales.[73] The U.S. runs a more formal economy where statistics and data support regulatory regimes.[74] The film industry in the U.S. works in a system that easily allows for the tracking of underground film ventures in contrast to the case in Nigeria.[75]
Nigeria’s informal economy enabled the movie piracy because gatekeepers were unable to monitor actual film productions in the black market.[76] In the United States, the formal and highly developed film infrastructures have become the wedge between Hollywood and existential eclipse from film piracy.[77]  The majority of Nollywood pirated films run beyond the reach of the Nigerian copyright regime.[78] The unmoored black market thrived and undermined the legitimate film production sector.[79] 
[C] Nigerian Socio-Economic Reality & Nollywood
            Film production in Nigeria with celluloid format met an adverse economic environment in the early 1980s.[80] The military regime in Nigeria had introduced an economic and monetary program, the Structural Adjustment Program (SAP), which restricted the access to foreign exchange necessary for celluloid film production.[81]  Nigerian filmmakers were unable to produce films in celluloid format because they could not import film production equipment.[82]
 Nollywood films became a feasible alternative for Nigerians and it dominated the home video entertainment space.[83] The public cinema business model in Nigeria failed because movie tickets were beyond the ability of consumers to pay.[84]  Another factor that contributed to the death of public cinema was the widespread crime against people and personal properties.[85] Attending cinema theatres at Night was risky because of the high levels of insecurity.[86]  The Nigerian economic recession brought untold hardship upon the country including the creative industries.[87]  
In Nigeria, Ghana, Kenya, South Africa, Tanzania and Uganda, the leading film economies of Africa, the film industry has not attracted large foreign investment.[88] The reasons for thematic and growth deficiencies in the African creative industries includes legal regime incapacities and inherent socio-economic lag.[89]  For instance, national politics, and corruption in African continent stalls development.[90] Economics and legal literatures have linked weak legal systems and regulatory enforcement regimes to investor lackluster approach to African creative industry.[91]
An increase in Afrollywood film production capacity ordinarily will translates to huge employment of labor because of the need for talents for film projects.[92]  For example, Nollywood industry as at 2016 directly employed more than 300,000 and indirectly employs more than a million.[93] With an effective copyright regime and policy, it could grow better optimally.[94]
 Nollywood’s technical and infrastructural capacity is presently inadequate compared to the developed industries of Hollywood and Bollywood.[95] The capital investment that Nollywood would need for an increased production capacity must be diverse and not limited to Nigeria.[96] A strong national intellectual property right regime encourages a multi-lateral development initiative for an effective international trade network.[97]
African reformed and enhanced intellectual property laws will impel the monetization of creativity and increase creative human capital that exist among its people.[98] A legally protected African creative industry will create an investment and international trading opportunity with other regions of the world.[99] African creative and cultural industries since the late 2000 have bolstered national economies of countries in the continent.[100]
The 1990s saw the signing and acceding of the World Intellectual Property Organization (WIPO) Internet treaties, which was an attempt by the international intellectual property community to adapt to the changing methods of economic productivity on the Internet and digital platforms.[101] The WIPO Internet Treaties consist of the WIPO Copyright treaty (WCT), WIPO Performances and Phonograms Treaty (WPPT).[102]
Recently, the Beijing Treaty on Audiovisual Performances (The Beijing Treaty) and  The Marrakesh Treaty To Facilitate Act to Published Works For Persons Who Are Blind Visually Impaired or Otherwise Print Disabled (Marrakesh Treaty).[103] The Internet treaty also includes a humanitarian and social responsibility framework for nations in the 2013 adopted Marrakesh Treaty to ease access to published works for the blind, visually impaired or print disabled persons (Marrakesh VIP Treaty, MVP).[104]
***





[1] Dr. Samuel Samiai Andrews, SJD is an Adjunct Professor at Albany State University, Georgia. USA. He teaches Cybercriminology, Criminal Justice and Legal Environment of Business at Albany State University.  He co-lectured the SJD Colloquium and Workshop Seminar of the SJD Doctoral Program at Suffolk University Law School (2015-2018). He holds double LL.M (Intellectual Property & Policy from the University of Washington, Seattle, and LL.M in International Law & Legal Theory from the University of Uyo, Nigeria). He also holds an LL. B (Hons) from the University of Uyo, Nigeria and a BL (Barrister-at-Law) diploma from the Nigerian law School, Lagos. This article is an adaptation of my SJD dissertation, “Reconceptualizing Nigerian Copyright Law to Protect Nollywood” submitted to the Suffolk University Law School. I would like to thank Professors, Michael L. Rustad, Christopher Gibson, Elizabeth Trujillo, Patrick Shin, and Sara Dillion (all of Suffolk University Law School, Boston. USA), as well as Professors Jessica Silbey and Professor Thomas H. Koenig (Professor of Sociology, law & Policy, all Northeastern University, Boston, USA) for their help in guiding me through the development of   thoughts, which formed the principal themes of this article. © 2018. Samuel Samiai Andrews, All Rights Reserved.
[2]  See, Carmela Garritano, African Movies and Global Desires: A Ghanaian History 1, 154-194 (Center for International Studies; Ohio University Press, 2013); See also, Jyoti Misty & Jordache A. Ellapen, Nollywood’s Transportability: The Politics and Economics of Video Films as Cultural Products in Global Nollywood: The Transnational Dimensions of an African Video Film Industry 46-69 (Matthias Krings & Onookome Okome, eds., Bloomington: Indiana University Press, 2013); See e.g., George Issaias, East Africa: The Start of a Booming Film Industry? True Africa (December 15, 2015) available at  https://trueafrica.co/article/east-africa-the-start-of-a-booming-film-industry/; See also e.g., Frankline Sunday, Kenya’s Film Industry is in Revival Mode, Standard Digital (October 6, 2015) available at https://www.standardmedia.co.ke/business/article/2000178722/kenya-s-film-industry-is-in-revival-mode; Afrollywood represents the film industries of Nollywood (Nigeria), Ghallywood (Ghana), Bongowood (Uganda), Kennywood (Kenya) and Jollywood+Joziwood+Vollywood (South Africa) all form the resurged African film industries. ‘Afro’ stands for the unique indigenous African feature in this genre of movies.
[3] See, Ed Stoddard, Africa is Still Way Too Dependent on Resources, Reuters (April 26, 2013) available at https://www.reuters.com/article/us-africa-investment/africa-is-still-way-too-dependent-on-resources-idUSBRE93P0HX20130426 ; See also, Brian D. Schaefer, America’s Growing Reliance on African Energy Resources, Backgrounder, The Heritage Foundation (June 20, 2016) available at www.heritage.org/research/africa/bg1944.cfm
[4] See, Francis Gurry, Intellectual property for an emerging Africa, WIPO Magazine (October 2015) available at   http://www.wipo.int/wipo_magazine/en/2015/si/article_0001.html  
[5] See, Enyinna Nwauche, Intellectual Property and Creative Industries Policy in African Research Handbook on Intellectual Property and Creative Industries 85-90 (Abbe E.L. Brown & Charlotte Waedle, eds., Cheltenham, Glasgow: Edward Elgar Publishing Inc., 2018) (noting the initial erroneous assumptions that creative industries do not impact the GDPs of African countries).
[6] See, Difass, Intellectual Property and Human Capital, available at file:///C:/Users/sandrews5/Downloads/DIFASS%20Brochure%205,%20%20IP%20and-Human%20Capital.pdf; See also, Joel A.C. Baum & Brian S. Silverman, Picking Winners or Building Them? Alliance, Intellectual and Human Capital as Selection Criteria in Venture Financing and Performance of Biotechnology Startups, 19 J. Bus. Venture 411-436 (2004).
[7] Francis Gurry, supra, note.4.
[8] See, Norimitsu Onishi, How The Times Named ‘Nollywood,’ New York Times (February 11, 2016) available https://www.nytimes.com/2016/02/11/insider/how-the-times-named-nollywood.html; See also, Set Aside, L.A. and Bombay, New York Times (September 16, 2000) available https://www.nytimes.com/2002/09/16/world/step-aside-la-and-bombay-for-nollywood.html;  See e.g., Norimitsu Onishi, Nigeria’s Booming Film Refines African Life, New York Times (February 18, 2018) available at https://www.nytimes.com/2016/02/19/world/africa/with-a-boom-before-the-cameras-nigeria-redefines-african-life.html.
[9] Norimitsu Onishi, Nigeria’s Booming Film, supra, note 8; See, Uchenna Onuzulike, Nollywood: The Birth of Nollywood, The Nigerian Movie Industry, 22 Black Camera 25 (2007).
[10] See, Wilbert T.K. kaahwa, The Institutional Framework of the EAC in East African Community Law 43-78 (Emmanuel Ugirashebuja, et al, eds., Brill, 2017); See also, Walter A. Friedman & Geoffrey Jones, Creative Industries in History, 23 Bus. Hist. Rev. 237-244 (2011).
[11] See, Christopher Zambakari, Underdevelopment and Economic Theory of Growth: Case for Infant Industry Promotion, 8 Consilience: J. Sustain. Develop. 171-187 (2012).
[12] See, Uri Friedman, How Nigeria became Africa’s Largest Economy Overnight, The Atlantic (April 7, 2014) available at https://www.theatlantic.com/international/archive/2014/04/how-nigeria-became-africas-largest-economy-overnight/360288/;
[13] See, The Economist, Nigeria’s GDP Change: Step Change, Revised Figures Show that Nigeria is Africa’s Largest economy, (April 12, 2014) https://www.economist.com/news/finance-and-economics/21600734-revised-figures-show-nigeria-africas-largest-economy-step-change.
[14] See, United Nations Conference on Trade and Development, Culture Creative Industry, 2 Afr. Pol. & Pol’y  (2016) also available at https://www.cultureinexternalrelations.eu/cier-data/uploads/2016/08/Report21.pdf.  
[15] Transcript of conversations and semi-structured interview is available through the author of this article.
[16] Id.
[17] See, Peter Yu, Five Decades of Intellectual Property and Global Development, 8 Wipo J. 1-10 (2016).
[18] Id.
[19] Digital Millennium Copyright Act Pub. L. No. 105-304, 112 Stat. 28860 (1998); 17 U.S.C §§ 512,1201-
[20] Id.
[21] See, Agreement on Trade-Related Aspects of Intellectual Property Rights, Apr. 15, 1994 Marrakesh Agreement Establishing the World Trade Organization, Annex 1C, Legal Instrument-Results of the Uruguay Round, 1869 U.N.T.S 299 (1994).
[22] See, Tarleton Gillespie, Wired Shut: Copyright and the Shape of Digital Culture 8-9 (Cambridge: MIT Press, 2007).
[23] See, Jessica Litman, Digital Copyright 11, 166-186 (New York: Prometheus Books, 2006).
[24] See, Carlos Ropes, How Can Africa Profit from Its Creative Industries? United Nations Economic Commission for Africa Executive Secretary’s Blog (August 19, 2014) available at https://www.uneca.org/es-blog/creativity-new-money; See also, African Business Magazine, African Creative Industries: The Sleeping Giant, (January 28, 2014) available at http://africanbusinessmagazine.com/uncategorised/african-creative-industries-the-sleeping-giant/#article-author; See e.g., Omolade Oladipo, Creative Industries and the Informal Sector, Quantum Global Q3 2017: Africa Investment Review (September 14, 2017) also available at http://africanbusinessmagazine.com/uncategorised/african-creative-industries-the-sleeping-giant/#article-author.
[25] See, Tom Fleming Creative Consultancy, Scoping Creative Economy in East Africa 3, 6-27 (London: British Council) also available at https://www.britishcouncil.org/sites/default/files/scoping-creative-economy-east-africa.pdf; See also, Pradip Thomas & Francis B. Nyamnjob, Intellectual Property Challenges in Africa: Indigenous Knowledge System and the Fate of Connected Worlds in Indigenous Knowledge Systems and Intellectual Property In The Twenty-First Century: Perspective from Southern Africa 12-25 (Isaac Mazonde & Pradip Thomas, eds., Dakar, Senegal: Council for the Development of Social Science Research in Africa, 2007).
[26] See, Jessica Litman, supra, note 23.
[27] See, Brodi Kemp, Copyright’s Digital Reformulation, 5 Yale J. L. & Tech. 141 (2002).
[28] See, Mohammadu Buhari, Making Africa Rising a Reality in Nigeria, Bloomberg.com Sept 21, 2016 available at https://www.bloomberg.com/view/articles/2016-09-21/making-africa-rising-a-reality-in-nigeria. (citing the President of Nigeria’s concerns of overdependence on oil and gas revenue by Nigeria); See also, Daniel Tonwe et. al, Greed and Grievance: The Changing Contours of Environmentalism in Nigeria’s Niger Delta Region, 20 J. Hist. Soc’y Nig. 45 (2011); See e.g., Daniel Tonwe et al, Greed and Grievance: The Changing Contours of Environmentalism in Nigeria’s Niger Delta Region, 20 J. Hist. Soc’y Nig. 45 (2011).
[29] See, Adekola Anthony & Sunday Eze, Intellectual Property Rights in Nigeria: A Critical Examination of the Activities of The Nigeria Copyright Commission, 35 J. L. Pol’y & Globalization  2224-3240 (2015).
[30] Oludayo Tade, The Piracy Threat facing the Nollywood Film Industry, Newsweek (April 20, 2016) available at http://www.newsweek.com/who-and-how-pirates-threatening-nollywood-film-industry449994.
[31] Id.
[32] See, WIPO Magazine, STRAP and CLAMP: Nigeria Copyright Commission in Action, Sept. 2008, available at   http://www.wipo.int/wipo_magazine/en/2008/05/article_0009.html.
[33] See, The Economist, The Economist Explains: How Nigeria’s Economy grew by 89% Overnight, Economist.com (April 8, 2014) available at https://www.economist.com/the-economist-explains/2014/04/07/how-nigeria-economy-grew-by-89-overnight;
[34] Ed Stoddard, supra, note 3.
[35] See, Enjoli Liston, Hello Nollywood: How Nigeria became Africa’s Biggest Economy Overnight, The Guardian (UK) (April 10, 2014) available at https://www.theguardian.com/world/2014/apr/10/nigeria-africa-biggest-economy-nollywood; See also, The Economist, Nigeria: The Africa’s New Number, (April 12, 2014) available https://www.economist.com/leaders/2014/04/12/africas-new-number-one 
[36] Uri Friedman, supra, note 11.
[37] See, Stewart M. Patrick, Why Natural Resources Are a Curse on Developing Countries and How to Fix it, The Atlantic (April 30, 2012) available at https://www.theatlantic.com/international/archive/2012/04/why-natural-resources-are-a-curse-on-developing-countries-and-how-to-fix-it/256508/
[38] See, Lindiwe Dovey, Editorial: African Film and Video: Pleasure, Politics Performance, 22 J. Afr. Cult. Stud. 1-6 (2010); See also, Theresa Cahan, Secondary Industries for Tropical Africa, 14 J. Int’l Afr. Instit. 170-176 (1943).
[39] See, Thomas H. Koenig & Michael L. Rustad, Global Information Technologies : Ethics And The Law 21-36 (St. Paul, Minnesota: West Publishing, 2018) (describing legal lag as when legal institutions fail to keep up with the changing social and cultural conditions of society and quoting Justice Benjamin Cardozo posit that law must continually evolve to deal with the emergent social realities); See also, Benjamin Cardozo, The Growth  Of The  Law 19-20 (New Haven, Connecticut: Yale University Press, 1973) (emphasizing that “the inn that provides shelter for the night is not the journey’s end. The law, like the traveler must be ready for the morrow. It must have a principle of growth”).
[40] See, Peter GJ Koornhof, Intellectual Property: What Can be Learnt from South Africa’s ‘Please Call Me Case, ’ The Conversation ( August 28, 2015 ) available at https://theconversation.com/intellectual-property-what-can-be-learnt-from-south-africas-please-call-me-case-46582
[41] See, Enjoli Liston, Hello Nollywood: How Nigeria Became Africa’s Biggest Economy Overnight, The Guardian (April 10, 2014) available at https://www.theguardian.com/world/2014/apr/10/nigeria-africa-biggest-economy-nollywood.
[42] See, Kamil Idris, Intellectual Property: A Power Tool for Economic Growth, World Intellectual Property Organization 23-52, 189-236  available at ftp://ftp.wipo.int/pub/library/ebooks/wipopublications/wipo_pub_888e.pdf; See also, World Intellectual Property Organization et al, Science, Technology and Innovation and Intellectual Property Rights: The Vision for Development , United Nations System Task Team On the Post 2011Millennuim Agenda (May 2012) available at http://www.un.org/millenniumgoals/pdf/Think%20Pieces/11_ips_science_innovation_technology.pdf ; See e.g., United States Agency for International Development Briefing Paper: Intellectual Property and Developing Countries: An Overview, 1, 3-10  (Dec. 2013)  available at https://www.hsdl.org/?view&did=446296
[43] See, Brian Ogbeide, Nollywood, The Nigerian Film Industry, 16 (2012).
[44] See, Matthew Brown, At the Threshold of New Political Communities: Some Notes on the History of Nollywood’s Epic Genre, 7 The Global South 55-78 (2013).
[45] See, Hyginus Ekwuazi, Igbo Video Film, a Glimpse into the Cult of the Individual in Nigerian Video Films, 131, 133-134 (Jonathan Haynes, ed. 2000).
[46] See, See, Jeremy Malcolm, Blind Users Celebrate as Marrakesh Treaty Implementation Bill Drops, Electronic Frontier Foundation (March 15, 2018) available at https://www.eff.org/deeplinks/2018/03/blind-users-celebrate-marrakesh-treaty-implementation-bill-drops.
[47] See generally, Jonathan Haynes, Nollywood: The Creation Of Nigerian Film Genre (2016).
[48] See, Uzoma Esonwanne, Interviews with Amaka Igwe, Tunde Kelani and Kenneth Nnebue, 13 Res. Afr. Lit. 26 (2008).
[49] Id.
[50] Id.
[51] Id.
[52] See, Akin Adesokan, Amaka Igwe: Why I Stopped Making Films, Premium Times (Nigeria) (May 18, 2014) available at http://www.premiumtimesng.com/arts-entertainment/161007-stopped-making-films-amaka-igwe.html.
[53] Id.
[54] Id.
[55] Jonathan Haynes, supra, note 47 at 3-17 (describing the Nigerian film landscape, which replicated Living in Bondage style of production, with successful films like Taboo 1 (1993), Evil Passion (1993), Rattlesnake (1994), Domitilla (1997), Mortal inheritance (1996), Jezebel (1994), Nneka, the Pretty Serpent, and Igodo: Land of the Living Dead -1999)
[56] Id.
[57] Id.  at XIX, 14-44.
[58] Id.
[59] See, Jonathan Haynes & Onookome Okome, Evolving Popular Media in Nigerian Video Films 51 (2000).
[60] Hyginus Ekwuazi, supra, note 45.
[61] See, Jonathan Haynes & Onookome Okome, supra, note 59.
[62] Id.
[63] See, Ebuka Obi-Uchendu, Nollywood, Piracy and the Millennial Crisis, The Huffington Post, March 7, 2014 available at http://www.huffingtonpost.com/ebuka-obiuchendu/nollywood-piracy-and-the-millennial-crisis_b_4665209.html.  
[64] Id.
[65] Id.
[66] See, Nathaniel Bivan, Billions of Pirated DVDs, CDs Flood Nigerian Markets, Daily Trust (May 16, 2015) available at  https://www.dailytrust.com.ng/weekly/index.php/new-news/20509-billions-of-pirated-dvds-cds-flood-nigerian-markets; See also, Will Connors, Nollywood Babylon : Nigeria’s Movie Industry is Winning Global Attention But DVD Piracy May Bring it down,  The Wall Street Journal (May 22, 2009) available at https://www.wsj.com/articles/SB10001424052970203771904574177472683696390    
[67] Uchenna Onuzulike, supra, note 9.
[68] Id.
[69] See, Peter Decherney, Hollywood’s Copyright Wars: From Edison To The Internet 201 (2012).
[70] Id.
[71] See, Motion Picture Association, The Cost of Music Piracy, MPA-LEK available at  https://www.wired.com/images_blogs/threatlevel/files/MPAstudy.pdf; See also, Oludayo Tade, The Piracy Threat Facing the Nollywood Film Industry, Newsweek (April 20, 2016) available at  http://www.newsweek.com/who-and-how-pirates-threatening-nollywood-film-industry-449994.
[72] MPA-LEK, supra, note 71.
[73] See, Brett Danaher & Michael D. Smith, Digital Piracy, Film Quality and Social Welfare, Geo. Mason L. Rev. 923-938 (2017); See also, Gregory Day, Competition and Piracy, 32 Berkeley Tech. L.J. 775 (2017); See e.g., Sonia K. Katyal, Piracy vs. Piracy, 7 Yale J.L. & Tech. 222-235 (2004).
[74] MPA-LEK, supra, note 71.
[75] See, Paul McDonald, Hollywood, The MPAA, and the formation of Anti-Piracy Policy, 22 Int’l J. Cult. Pol’y 686-705 (2015) also available at https://www.tandfonline.com/doi/abs/10.1080/10286632.2016.1223635.
[76] See, Sola Fosudo, Nollywood: The Reality and Illusions of a Film Industry in Transition In Music and Theatre Arts in Africa 95-105 (Femi Shaka & Mosunmola Onubiyi-Obidike, eds., Lagos: Lagos State University PR Unit, 2012) also available at http://www.lasu.edu.ng/publications/arts/olusola_fosudo_bk_028.pdf.
[77] See, Todd Cunningham, How Hollywood is Using the Streaming Boom to Beat Back Digital Pirates, Thewrap.com (Jan. 29, 2006) available at  https://www.thewrap.com/how-hollywood-is-using-the-streaming-boom-to-beat-back-digital-pirates/; See also, David McGuire, Studios Step Up Fight Against Online Piracy, Washingtonpost.com (Dec. 14, 2004) available at  http://www.washingtonpost.com/wp-dyn/articles/A63900-2004Dec14.html?noredirect=on.
[78] See, Ramon Lobato, Creative Industries, and Informal Economies, 13 Int’l J. Cult. Stud. 337-54 (2010).
[79] See, John McCall, Nollywood Confidential, 95 Transition 98-109 (2004).
[80] Uchenna Onuzulike, supra, note 9.
[81] See, Elimma Ezeani, Economic and Development Policy-Making in Nigeria, 56 J. Afr. L.109 (2012).
[82] Jonathan Haynes, supra, note 47.
[83] See, Alessandro Jedlowski, From Nollywood to Nollyworld: Processes of Transnationalization in the Nigerian Video Film Industry in Global Nollywood, The Transnational Dimensions Of An African Video Film Industry 25, 27-31 (Matthias Krings & Onookome Okome eds., Bloomington, Indiana University Press, 2013).
[84] See generally, Onookome Okome, Cinema And Social Change In West Africa (Jos: Nigerian Film Corp., 1997).
[85] Id.
[86] Id.
[87] Jonathan Haynes, supra, note 47.
[88] See, Sean Flynn, Copyright Legal and Practical Reform for The South African Film Industry, 17 Afr. J. Info. & Comm. 39-47 (2015).
[89] See, Ned Dalby, Making Most of Africa’s Culture and Creativity: Economic Development, Democracy and Peace Building, African Argument (October 10, 2013) available at http://africanarguments.org/2013/10/10/making-the-most-of-africas-culture-and-creativity-economic-development-democracy-and-peacebuilding-by-ned-dalby/ ; See also, Ann Overbergh, Innovation and Its Obstacles in Tanzania’s Bongowood, 7 J. Ari. Cinemas 137-151(2015).
[90] Ann Overbergh, supra, note 89.
[91] See, Oluwayemisi Adebola Oyekunle, The Contribution of Creative Industries to Sustainable Urban Development of South Africa, 9 Afr. J. Sci. Tech. Innovation & Develop. 601-616 (2017).
[92] See, Aubrey Hruby, Tap Creative Industries to Boost Africa’s Economic Growth, Financial Times (March 22, 2018) available at https://www.ft.com/content/9807a468-2ddc-11e8-9b4b-bc4b9f08f381; See also, Olu Ajakaiye, et al, Understanding the Relationship between Growth and Employment in Nigeria, (May 2016) available at https://www.brookings.edu/wp-content/uploads/2016/07/growth-employment-nigeria-ajakaiye-jerome-nabena-alaba.pdf.
[93] See, Mfonobong Nsehe, Hollywood, Meet Nollywood, Forbes.com, ( April 19, 2011) available at   https://www.forbes.com/sites/mfonobongnsehe/2011/04/19/hollywood-meet-nollywood/#1eb286765d7a ; See also, Olufunmilayo B. Arewa, Nollywood and African Cinema: Cultural Diversity and the Global Entertainment Industry in Diversity In Intellectual Property: Identities, Interests, and Intersections 367, 376-377 (Irene Calboli & Srividhya, eds., New York: Cambridge University Press, 2015).      
[94] Id.
[95] See, Jake Bright, Nollywood: The New Business of African Films, This is Africa online , May 7, 2014 available at http://www.thisisafricaonline.com/News/Nollywood-The-new-business-of-African-film?ct=true
[96] See, Emma Dunkley, Film Funds Offer a Possible Route for Investors, Financial Times (October 26, 2015) available at https://www.ft.com/content/ebbbb892-6b88-11e5-8171-ba1968cf791a.
[97] See, Anup Tikku, Indian Inflow: The Interplay of Foreign Investment and Intellectual Property, 19 Third World Quarterly 87-113 (1998).
[98] See, Terry Flew, Creative Industries: A New Pathway, 42 Intermedia 11-13 (2014) also available at http://eprints.qut.edu.au/68631/1/Intermedia_CI_article_42_1_2014.pdf; See also, Ruth Towse, Creativity, Copyright and the Creative Industries Paradigm, 63 Kyklos 461-478 (2010); See e.g., Ruth Towse, Copyright and Cultural Policy for the Creative Industries in Economics, law and intellectual property 419-438 (Ove Grandstrand, eds., Boston, Massachusetts: Kluwer Academic Publishers, 2013)
[99]  See, Christian Handke, Intellectual Property in Creative Industries: The Economic Perspective in Research Handbook On Intellectual Property and Creative Industries 57-76 (Abbe E.L. Brown & Charlotte Waelde, eds., Cheltenham, UK: Edward Elgar Publishing, 2018); Aubrey Hruby, supra, note. 92.
[100] See, European Union, United in Diversity, Culture in the EU’s External Relations: A Strategy for EU-China Cultural Relations: Report of The Export Group On Culture and External Relations China (Nov.2012) available at  https://www.cultureinexternalrelations.eu/cier-data/uploads/2016/11/Expert-group-Culture-and-Ext-Rel-China-Final-Report.pdf; See also, European Union, Culture and Creative
Industries in Africa
, 2 Afr. Pol. & Pol’y (2016) also available at https://www.cultureinexternalrelations.eu/cier-data/uploads/2016/08/Report21.pdf.
[101] See, Hannibal Travis, WIPO and the American Constitution: Thoughts on a New Treaty Relating to Actors and Musicians, 16 Vand. J. Ent. & Tech. L. 45 (2013); See also, Ruth L. Okediji, The Regulation of Creativity under the WIPO Internet Treaties, 77 Fordham L. Rev. 2379 (2008).
[102] Ruth L. Okediji, supra, note 106.
[103] See, WIPO Copyright Treaty, Dec. 20, 1996, S. Treaty Doc. No. 105-17 (1997), 36 I.L.M. 65 (1997); See also, WIPO Performances and Phonograms Treaty, Dec. 20, 1996, S. Treaty Doc. No. 105-7 (1997), 36 I.L.M. 76 (1997); See e.g., WIPO, Beijing Treaty on Audiovisual Performances, WIPO Doc. WVP/DC/20 (June) 24, 2012); See also e.g., See, Jeremy Malcolm, Blind Users Celebrate as Marrakesh Treaty Implementation Bill Drops, Electronic Frontier Foundation (march 15, 2018) available at https://www.eff.org/deeplinks/2018/03/blind-users-celebrate-marrakesh-treaty-implementation-bill-drops
[104] See, Corilee Christou, Marrakesh Treaty Implementation Act Builds Momentum, Newsbreak (April 3, 2018) available at http://newsbreaks.infotoday.com/NewsBreaks/Marrakesh-Treaty-Implementation-Act-Builds-Momentum-124159.asp
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