By P.L. Osakwe
■ Introduction
Entertainment law is the area of legal practice that governs the creation, use, distribution, and commercialisation of creative works. It blends intellectual property law, contract law, corporate law, labour law, and media regulation.
In Nigeria, the entertainment industry is one of the fastest-growing in the world, driven by the global success of Afrobeat, Nollywood films, stand-up comedy, gaming, and digital content creation. Yet, behind every music video, movie premiere, or endorsement deal lies a complex web of legal rights and obligations. Without proper legal protection, creativity can be exploited, and millions lost to piracy, unfair contracts, or regulatory breaches.
This article explores the legal framework, key areas, challenges, notable case studies, and the complex issue of contract breaches in Nigeria’s entertainment industry.
1. Legal Framework for Entertainment in Nigeria
Entertainment law in Nigeria is not governed by one single Act. Rather, it is a network of laws, regulations, and industry practices.
a. Constitutional Provisions
Section 39 of the 1999 Constitution guarantees freedom of expression and the right to hold and impart ideas, a foundation for creative work.
Section 43 protects property rights, which includes intellectual property.
b. Key Statutes
1. Copyright Act, 2022: Protects literary, musical, artistic works, sound recordings, and broadcasts, with stronger penalties for infringement and recognition of digital rights.
2. Trade Marks Act: Protects brand names, stage names, and logos in the entertainment business.
3. Companies and Allied Matters Act (CAMA): Governs incorporation of record labels, production companies, and talent agencies.
4. Nigerian Broadcasting Code: Regulates content broadcast on radio, TV, and digital platforms.
5. National Film and Video Censors Board Act: Requires classification of films and videos before distribution.
6. Nigerian Communications Act: Governs telecommunications and digital content distribution over networks.
2. Key Areas of Entertainment Law Practice in Nigeria
Music Industry Contracts, Recording deals, publishing rights, licensing, and performance royalties.
Film & Television Agreements, Production, distribution, streaming rights, and actor/director contracts.
Intellectual Property Protection, Copyright, trademark, and enforcement.
Event Management & Sponsorship, Venue use, sponsorship agreements, liability issues.
Digital Media & Streaming, Monetisation contracts for YouTube, Spotify, Apple Music, influencer agreements.
3. Notable Case Studies in Nigeria’s Entertainment Industry
a. Brymo vs. Chocolate City
A highly publicised dispute over music rights and contract terms, showing the importance of clear, balanced agreements.
b. Banky W and Wizkid
Wizkid’s departure from Empire Mates Entertainment (EME) in 2014 sparked media speculation. While details remain private, the case highlighted how contract exit clauses and royalty ownership can trigger disagreements when an artist’s popularity explodes faster than expected.
c. Mercy Chinwo and EeZee Tee
Gospel singer Mercy Chinwo’s earlier issues with her former label, EeZee Conceptz, reflected the growing tensions in gospel music contracts, especially when artists feel constrained by terms they signed before gaining fame.
d. Ebuka Songs and Moses Bliss
Reports of disagreements between gospel artist Ebuka Songs and his former boss, Moses Bliss, raised questions about moral obligations versus legal obligations, especially in faith-based entertainment settings.
e. Lessons from These Cases
Most of these disputes share one common feature: contracts signed at the start of a career often become points of friction when the artist’s value in the market changes.
4. The Breach-of-Contract Dilemma: Exploitation vs. Self-Help
A recurring pattern in Nigeria’s entertainment industry is:
1. An artist signs a contract early in their career (often without legal advice).
2. The label invests in promotion, production, and distribution.
3. The artist becomes successful.
4. The artist then realises the contract terms heavily favour the label.
5. Instead of negotiating an amendment, the artist walks away or refuses to perform obligations, while appealing to public sympathy on social media.
This raises a fundamental legal question: Is breach of contract justified if the contract is exploitative?
a. The Legal Position
Under Nigerian law, a signed contract is binding unless:
It was obtained through fraud, duress, misrepresentation, or undue influence; or
It is illegal or against public policy.
An unfair contract is not automatically void, the artist must prove legal grounds to set it aside.
b. Balancing the Scales
For Artists: Seek renegotiation once your value changes. The law allows for variation of terms if both parties consent.
For Labels: Draft flexible contracts with performance reviews and revenue adjustments to retain goodwill.
For Lawyers: Insert “renegotiation clauses” or “option to review” provisions in long-term contracts.
c. Risks of Walking Away
If an artist breaches the contract without legal justification, the label may:
■ Sue for damages.
■ Seek injunctions to stop the artist from performing elsewhere.
■ Retain rights to the artist’s unreleased works.
In short, social media sympathy does not erase legal obligations.
5. The Role of Lawyers in Avoiding These Disputes
■ Entertainment lawyers should:
■ Educate clients before signing.
■ Build flexibility into agreements.
■ Mediate disputes before they escalate publicly.
Balance investment recovery for labels with fair rewards for artists.
6. Conclusion
Nigeria’s entertainment industry is thriving, but its legal battles reveal the urgent need for balanced contracts, legal awareness, and proactive dispute resolution. When artists and labels understand that contracts are living documents, capable of fair review, fewer careers will be derailed by public disputes and lawsuits.
In entertainment, as in life, the best contract is not the one that traps talent, but the one that grows with it.
