Why Artists and Entertainers Must Prioritize Intellectual Property Rights: A Tale of "Shanty Town" and Lessons for the Creative Industry

Picture this: You’ve poured your heart, sweat, and creativity into a project—a film, a piece of music, a work of art. It’s your passion, your legacy. Yet, the moment it hits the spotlight, someone else swoops in and stakes claim over your creation, leaving you blindsided. This scenario may seem far-fetched, but it’s a painful reality for many artists who fail to take Intellectual Property (IP) rights seriously from the outset. The recent legal dispute over the hit movie Shanty Town serves as a compelling reminder of why securing your creative rights and involving legal professionals should never be an afterthought.

At the center of this storm is star actress Iniobong Edo Ekim, popularly known as Ini Edo, who co-produced Shanty Town—a Netflix sensation released in 2023. Despite the movie's success, the aftermath reveals a brewing conflict over ownership rights, underscoring the importance of protecting IP in the entertainment world. But beyond the headlines, this case holds valuable lessons for artists, filmmakers, and everyone involved in the entertainment industry.

The Shanty Town Saga: A Case of Joint Ownership?

The Shanty Town story starts like many creative collaborations: mutual passion, shared vision, and a handshake agreement. But when the project’s success opened doors for future ventures, cracks began to appear in the partnership between Ini Edo and Chinenye Nworah, the creative producer of the movie. Ini Edo, through her lawyers, wrote a letter to Netflix Inc., demanding that the streaming giant cease any agreement for a sequel solely with Nworah and Giant Creative Media Limited (GCM), the production company behind the movie. According to her legal team, Nworah and GCM attempted to sidestep her rights by applying for trademark registration of a prominent character’s name and copyright registration of Shanty Town itself—without her consent. This action raises a critical issue: joint authorship. Under Section 108 of Nigeria’s Copyright Act 2022, an audiovisual work (like Shanty Town) is defined as a series of visual images that can be displayed as a moving picture. The Act further states that the “author” of an audiovisual work is the person who made the arrangements for its creation. In this case, both Ini Edo and Nworah played pivotal roles—one as executive producer, the other as creative director. The law is clear that when two or more people collaborate on a creative project, their contributions become inseparable parts of a whole. This establishes them as joint authors, giving them co-ownership of the work’s copyright unless their contract states otherwise. For Shanty Town, the absence of a clear contract separating these rights left the door open to disputes about ownership.

Copyright Registration: A False Sense of Security?

One key factor in this dispute is that Chinenye Nworah registered her copyright for Shanty Town with the Nigerian Copyright Commission (NCC), securing a copyright certificate. On the surface, this seems like a winning move. Under Section 43 of the Copyright Act, possession of a copyright certificate creates a legal presumption that the person listed on the certificate is the author and rightful owner of the work.

However, as this case illustrates, that presumption is rebuttable. Ini Edo can present evidence proving that she, too, holds joint ownership, thereby challenging Nworah’s sole claim. In a world where many creatives mistakenly believe that filing for copyright automatically gives them sole control, this case highlights the importance of understanding that registration is just one piece of the puzzle. A well-drafted contract that clearly outlines IP ownership is equally, if not more, crucial.

The Critical Role of Contracts in Protecting Copyright; Recent Nigerian Case Laws on Copyright Infringement (Lessons from Iyere v. Bendel Feed and Flour Mill Ltd. (2023) and Omojola v. Unique Filmworks (2022) for Artists and Entertainers)

As creative professionals in the entertainment industry, it’s easy to think that once you’ve registered your copyright, you’re fully protected. However, recent cases like Iyere v. Bendel Feed and Flour Mill Ltd. (2023) and Omojola v. Unique Filmworks (2022) reveal that copyright registration is only one layer of protection. Without clear contractual agreements, even the strongest copyright claims can unravel in court, leaving creators vulnerable. In Iyere v. Bendel Feed and Flour Mill Ltd. (2023), the court ruled in favor of the claimant, who alleged that their creative work had been used without proper licensing. The ruling emphasized that even where copyright is registered, co-ownership disputes can arise if proper contracts and co-author agreements are not established beforehand. Now let's consider the case more closely. The claimant, Mr. Iyere, alleged that the defendant used his original creative work—an advertising jingle—without proper licensing. Mr. Iyere had created the jingle for a promotional campaign, which was initially agreed upon verbally. However, no formal contract was ever executed between the parties. When the jingle gained popularity and the defendant continued to use it in subsequent campaigns, Mr. Iyere sought legal redress, claiming copyright infringement and demanding compensation for the unauthorized use of his work. During the proceeding, the Claimant argued that under the Copyright Act, Mr. Iyere had the exclusive right to control the use of his creative work, including the right to license it for commercial purposes. Counsel emphasized that copyright protection subsists in the jingle, regardless of whether it had been formally licensed. The continuous use of the jingle by the defendant without a licensing agreement amounted to copyright infringement. However, the defense argued that the absence of a formal contract nullified the claimant’s rights to assert copyright infringement. They contended that the verbal agreement implied that the work was a “work for hire,” giving the defendant ownership over the jingle.

Similarly, in Omojola v. Unique Filmworks (2022), Mr. Omojola was a screenwriter who collaborated with Unique Filmworks on a feature film. The initial agreement between the parties was informal, with Mr. Omojola being promised “credit” as a co-writer, but the terms of copyright ownership were never explicitly discussed. After the film’s release, Unique Filmworks registered the copyright solely in its name, excluding Mr. Omojola from ownership rights. Omojola sued, claiming that the film’s script was a product of joint authorship and that he was entitled to co-ownership of the copyright. the court reiterated that copyright claims are not foolproof if co-ownership disputes are not adequately addressed in the initial agreements between collaborating parties. The court held in favor of the claimant, finding that the absence of a written contract did not negate the fact that the script was a work of joint authorship. The judge ruled that both parties had contributed to the creation of the film’s script in a way that made their contributions inseparable. As such, both were entitled to co-ownership of the copyright.

These cases, much like Shanty Town, serve as warnings to all artists: copyright registration alone cannot replace the need for robust legal protection and documentation.

Lessons for Artists and Entertainers: Get Lawyers Involved Early

As an artist or entertainer, your creativity is your currency. But in the world of intellectual property, leaving things to chance can be a costly mistake. The Shanty Town debacle offers some critical lessons for anyone involved in entertainment:

1. Contracts Are King: No matter how good your relationship with your collaborator, always ensure you have a detailed contract that outlines ownership rights. Who owns the copyright? Is it a joint authorship situation? These are questions that should be answered before the cameras start rolling.
2. Don’t Assume Anything: Even if you’ve worked on the project from start to finish, your contributions may not guarantee ownership unless it’s stated in black and white. Filing for copyright is essential, but it’s not the final word. Your legal agreements will ultimately determine your rights.
3. Involve a Lawyer Early: IP law is complex, and one misstep could cost you control over your creation. Engaging a lawyer from the outset can help you navigate the intricacies of IP law, draft airtight contracts, and protect your rights when things go wrong.
4. Stay Informed About Legal Precedents: Understanding how recent cases, like Iyere and Omojola, have been decided can give you insight into how the courts might view your case if you ever find yourself in a dispute.