Right of Resale Under the Nigerian Copyright Act 2022: A Lifeline for Creatives

Hello, dear readers. Trust you learnt from my last article? If you haven’t read it, this is the link UNDERSTANDING THE DICOTOMY: ATTRIBUTION AND AUTHORIZATION IN COPYRIGHT

?Today, I want to talk about something that affects creatives in the creative community—the right of resale under the Nigerian Copyright Act 2022. This provision is a significant step forward for artists, musicians, writers, and all creators in Nigeria. It offers a way to ensure that they continue to benefit from their works long after they have been sold. Come with me let’s explore how this right support creatives and why it matters so much.

Understanding the Right of Resale

The right of resale, often referred to as "droit de suite," allows creators to receive a percentage of the selling price each time their work is resold. This means that if your artwork or music gains value over time, you can still earn from it. Imagine selling a painting for ?100,000. Years later, it is resold for ?5, 000,000. Under the Nigerian Copyright Act, the artist is entitled to a percentage of that resale price. This can be a game-changer for many creatives.

Why does this right matters?

I am sure you will agree with me that many creatives in Nigeria struggle to make a living from their art. The right of resale provides a new way to generate income, helping them achieve financial stability. This is crucial, especially in Nigeria, where the creative economy is just starting to thrive but is often underappreciated. Creatives in Nigeria deserve recognition and support for their work, and this provision helps ensure that.

How the Right of Resale Works

Under Section 17 of the Nigerian Copyright Act 2022, artists can receive a percentage of the resale price whenever their work is sold again. Here are a few key points to keep in mind:

1. Who Is Eligible? This right extends from the author to his heirs and successors-in-title.
2. What does it cover? The right applies only to original works. The material object in which the work is first fixed.[1] It covers original of artistic work, manuscript of a literary work or of a musical composition.[2]
3. How long can this right be enjoyed? This right is available for as long as the artist hold copyright of the work.
4. How can it? be enforced? Enforcement is dependent on proactiveness of the artist. It’s essential to keep track of sales and resales. This may require some diligence on the artist’s part, but it is necessary to ensure creatives receive what is due to them.
5. What is the time limits to enforce right? The Act did not specify time limit. Thus, much is left to parties’ agreement.

The Role of Collectors and Galleries

Collectors and galleries are crucial in this equation. Their cooperation ensures that artists receive their proper share. Open communication and transparent agreements can foster a healthy relationship that benefits everyone involved. As creatives, it’s essential to advocate for your rights and engage in these discussions actively.

The Impact on the Creative Community

The right of resale has the potential to transform lives, especially when the country is going through challenges in its economy. Let’s examine the potential impact this right can have on the creative community.

1. Financial Stability: This right can provide a continuous stream of income. When creatives don’t have to worry about their financial future, they can focus on what you do best—creating.
2. Encouragement for New Talent: As established artists benefit from their resale rights, they can inspire new talent. A thriving artistic community is built on the success of its members, and seeing your peers succeed can motivate you to pursue your passions.
3. Cultural Preservation: When artists are financially supported, they can invest in preserving and promoting our cultural heritage. This will lead to a richer artistic landscape where traditional and contemporary forms coexist and thrive
4. Enhanced Valuation of Art: The right of resale helps elevate the status of artists and their work in the market. When collectors know that a portion of future sales will go back to the creator, it adds intrinsic value to the artwork. This recognition can lead to higher prices and increased interest in original works. As the market values art more appropriately, it fosters a culture of respect and appreciation for the creative process.
5. Strengthening Community Networks: The introduction of the right of resale encourages collaboration and solidarity among artists. When creatives share their experiences and knowledge about navigating resale rights, they cultivate a supportive community. This network can lead to joint exhibitions, collaborative projects, and shared resources, helping artists thrive collectively. By coming together, they can advocate for further changes in the industry that benefit everyone involved.

CONCLUSION

While the right of resale is a significant advancement, challenges remain. Many artists may not know about their rights or how to enforce them. The art market in Nigeria is still developing, and there may be resistance from those unaccustomed to sharing proceeds with creators. To overcome this challenge, we need to raise awareness. Workshops and educational resources like this article can empower creatives to understand and assert their rights. Knowledge is power, and the more you know, the better you can protect your interests.

This is my quota to help creatives thrive in the market. I am dedicated to helping them with my voice until the world appreciate the works our Nigerian and African creatives are doing.

If you found this information helpful, I invite you to sign up for my newsletter. Together, we can build a stronger creative community in Nigeria, where every artist's contributions are celebrated. Join me on this journey, and let’s ensure that your voice is heard and valued. Thank you for reading, and let’s continue to support one another in our creative endeavours!

[1] Guide to the Copyright and related rights treaties administered by WIPO and glossary of Copyright and related rights terms pg 300

[2] Section 17 (1) Nigerian Copyright Act, 2022.