DO I NEED AN ENTERTAINMENT LAWYER ?

If your services fall within the Entertainment Industry in Nigeria especially within the


Film and Television industry in Nigeria ( Nollywood )

Comedy industry in Nigeria

Music Industry in Nigeria

Print and Electronic media in Nigeria

Music production in Nigeria

Advertising in Nigeria

Broadcasting In Nigeria

Book Publishing in Nigeria

You need the services of an entertainment lawyer in Nigeria .

If you fall under the category of Recording Artistes , OAPs, Event Hosts, Dancers, Painters , Sculptors , Programmers , Videographers , Photographers, , Sound Engineers , Music producers, Artiste and Repertoire (A/R), SongWriters, Instrumentalists , Interpreters, Authors, Fashion designers, Spoken Words Artistes, NFT creators , Content Creators and Video directors etc in Nigeria , you need an entertainment lawyer in Nigeria .

If you are also a music business executive , Record Label Owner , Publishing company owner , Artiste Manager , Show Promoter , Artiste Agent or Personal assistant , Distribution company owner etc in Nigeria , you need an entertainment lawyer in Nigeria .

Lastly , For publishing companies , Record labels , Advertising agencies , PR agencies , Show Promotion companies , Management companies , Film Production Houses , Studio House , Book Publishers among others , the services of an entertainment lawyer in Nigeria is also required .

Wizkid, Davido , Burna Boy , Tekno, Tiwa Savage , Olamide , Simi, Yemi Alade, Ramsey Nouah , AY, RMD, Genevieve Nnaji, Omolola Jolade , Tacha , Mercy Eke, Tonto Dikeh , Donjazzy , Dbanj , Wande coal , Chris Brown, Rihanna , JayZ , Kanye West and a host of other entertainers all have an Entertainment lawyer on retainer to handle and perform all functions of an entertainment lawyer stated in this article .

Companies and Brands like X3M ideas , Mavins Record , Chocolate City, Project Fame , Naija Sings , Gulder Ultimate Search , BB Naija , DMW and numerous other Entertainment entities also have the services of an Entertainment lawyer included in their budget .

WHO IS AN ENTERTAINMENT LAWYER ?


In very simple terms , An entertainment lawyer is a lawyer with expertise in Entertainment Law and Intellectual Property .

While a lot of people use the term interchangeably , it should be stated that intellectual property is just a significant part of entertainment law and should not be substituted with entertainment law . Entertainment law is broad and Intellectual property is a simply segment of it .

An entertainment lawyer should be someone that is creative and has passion for creativity. This is the edge and driving factor that will enable the entertainment lawyer deliver better results to clients as he or she can relate more with their issues and problems besieging their creative client or business .

Entertainment lawyers in Nigeria represent and protect the interests of creatives, companies , entertainment business professionals and other stakeholders in the many areas of the entertainment industry in Nigeria, such as film, television, new media, theater, branding , sports , licensing , print , publishing and music among others . They also advise these individuals and entities on legal matter and general industry Practice relating to these facets of the entertainment field.

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If you are a musician and instrumentalist that is serious with your craft and ready for a financial turnaround , then you need to have an intellectual property expert in your corner .

Do you know asides the one off payment for production , you are entitled to mechanical and performance royalties for a lifetime ?

Do you know every time the song you produced or your played an instrument on is performed , you are entitled to payment ?

Do you know you can use your creative works to secure funding from multinationals and banks ?

There are no side effects to having an entertainment lawyer in your team . It’s the best decision you will make in your career this year .

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Have a great day ahead

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Cc lalasticlala, Dominique, Seun

RESIDUALS : THE GOLDMINE FOR CREATIVES IN THE MOVIE INDUSTRY

As an actor or creative in the movie industry, you can exploit your artistic contributions to a movie or Tv show to generate a form of financial compensations called Residuals .

Many Creatives in the movie industry seem to be oblivious of this fact. In this article , we take a concise look at what residuals entail and why actors must ensure they don’t lose out on this financial benefit.

WHAT ARE RESIDUALS ?

Residuals are financial compensations that are paid to lead actors, film and television directors, and other designated creatives involved in the creation of a TV show or movie in the event such project gets a rerun, syndication, DVD release, or online streaming release.

Does that definition sound a bit complex ? Okay let’s look at it this way .

Residuals can be simply described as the money that actors or other identified persons involved in the production of a movie or TV show receive whenever the movie or TV show gets reaired on TV, sold to a streaming service like Netflix or Amazon or is re-released to movie theaters.

Residuals are to the movie industry what royalties are to the music industry.

What Qualifies A Creatives To Get Residuals and In What Circumstance (s)?

Generally, creatives involved in a cinematograph film do not get paid residuals for the first exhibition or first specified use of their work .

For instance , in the case of TV shows , residuals are not paid for the the first time the tv show episodes are aired on the original tv network that owns the broadcasting right to the show.

For a theatrical film release , the first cinema run would not give rise to residuals.

However , there are certain circumstances wherein the creative can negotiate for residuals during this first run . A contractual arrangement can be put in place stipulating that upon the recoupment of the film budget and reaching a certain profit margin at the first theatrical run of the movie, the creative will be entitled to a certain sum of money from the profit generated from such theatre run.

The major circumstances that will give rise to residuals include but is not limited to

- A re-run of a television show
- A feature film that was released in the movie theater, but is now being released on Netflix or other streaming sites
- A television Movie that is now being sold on DVD
-A subsequent use of a commercial after the initial usage
-A TV series that is now being used on the internet as a “webisode” (a.k.a. “new media”)
- A TV series that is sold into syndication.A syndicated program is a program that runs on a different television network than the one on which it was initially broadcast, or a program that was not created for a specific network.
- A network TV show that gets shown again on a cable channel, or on Hulu


Typical Scenario of How Residuals Work

Let’s assume you are a Nollywood actor and you featured in a film titled “ The Governor of Lagos Island ” wherein you played the supporting role of “ Ajagbe” . You also appeared in 20 out of the 150 scenes in the movies. For your performance in the movie , you were paid a lump sum of #500,000 ( Five hundred thousand naira only )

The film is made in 2018 and goes to the Cinema in December 2022 for its first theatrical run . The movie made 50 million Naira during this first run. You will not been entitled to any residuals yet as the initial compensation of 500,000 you received is intended to cover for the movie theatrical release and first run .


Let’s now assume a year after in 2023 , the film is made into DVD for physical sales , or gets a placement on Netflix , the utilization of the film in this regard will then entitle you to your Residuals

.And guess what ? This process continues in perpetuity . You will continue to get paid smaller and smaller amounts each time the film is shown, forever.

The Category of Creatives That Benefit From Residuals

1 Actors — Actors that mostly qualify for residuals are actors with speaking lines, sufficient screen time and more often than not , actors in lead roles . Voice Over Actors and Stunt Performers also qualify .

2. Crew Members — Subject to the agreement with the Production Company or Film Studio, certain crew members also benefit from residuals off movies or tv shows they are involved. Some of these crew members include Director ,Unit Production Manager, First Assistant Director, the Second Assistant Director and Special. effects Supervisor

3. Credited Writers — The writers of the script utilized for the movie or tv show

4. Sound Track Creators or Musicians who appear on the movies or tv shows

5. Extras — For Extras and Persons referred to as below the line (BTL) Crew Members, they do not directly receive residuals. In developed countries like America , their fees are extra fees. are paid into a pension fund. Once a BTL crew member retires, they are able to tap into a health and welfare fund .

These are crew members who work on the set directly or facilitate the production of a film (i.e., Costume Designers, Lighting Crew, Camera Crew, Prop Makers, Post-Editors, etc.)

How Soon Are Residuals Paid ?

Residuals usually start coming in three — six months. after the subsequent utilization of the work and thereafter payed quarterly .

How Are Residuals Calculated ?

This can be via contractual agreement with the Production Company. Production Companies usually leave the calculation of residuals to the actors guild or union the participating actors or crew members in the movie or tv show belong to.

Certain factors are put into consideration when calculating residuals due to an actor or crew member

- The role of beneficiary of the residuals on the project . Is the creative an actor , crew member , writer on the project. ?

- Initial Compensation paid to the creative

- Screen-time
- The type of project ( small film , limited release , target audience )
-The project runtime
- The project budget
- Contracts in place at the time of project release
- The amount of revenue the project has generated
- Territory where reruns would occur

Who Collects Residuals on Behalf of The Creatives ?

Residuals are calculated and administered by industry trade unions or guilds the creatives identify with . In the United States of America , the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) is. for actors, the Directors Guild of America for ( Directors ) , and the Writers Guild of America for. ( Writers).

In Nigeria , we have the Actors Guild of Nigeria (AGN)


Real Life Movie Residuals Success Stories

Friends.

The tv show kicked off. in 1994 and ended in 2004 . The show’s reruns went into syndication in 1998, and they’ve never left viewers. sight . The series also got a placement with Netflix in 2015 . Basically, Friends is always on, and that translates into big residuals for the cast.

According to USA Today, Friends generates $1 billion a year for the production company Warner Bros. Major cast members like. Jennifer Aniston, Courteney Cox, Lisa Kudrow, Matt LeBlanc, Matthew Perry, and Schwimmer are contractually entitled to 2 percent, which works out to about 20 million dollars in residuals for or each person per annum.

Titanic

Reece Thompson played the role of the Irish boy in the 1997 classic. movie “ Titanic”. Despite limited screen time and saying less than five sentences in the movie , he has earned over 10,000 dollars in Residuals from 1997 till date .

Bad Examples of Residuals

Nixau Toma of “ The gods must be Crazy”

Namibia’s actor, N!Xau Toma of the famous 1980 movie “ The gods must be crazy” was paid only $300 for a movie that grossed over $60 Million. He was able to negotiate a better sum for the sequel but was never factored in for further residuals off the project .

Henry Cele of King Shaka Zulu

South African actor , Henry Cele is renowned for his role as King Shaka Zulu, an internationally acclaimed tv miniseries based on the life of Zulu Warrior King , Shaka . The show earned millions in revenue but the main actor , Henry Cele died without getting anything in form of residuals from the exploitation of the production .

Residuals in Nollywood

The payment of residuals despite being discussed severally by stakeholders in Nollywood is yet to be implemented . A popular Nollywood actor , Gideon Okeke of “Tinsel” Fame once complained bitterly of the poor state of actors, who are deprived of residuals for their life long work.

Okeke in 2019 chided the top executives in the movie industry of Nigeria and accused them. of being more interested in the superficial than in the welfare of the actors.

“ What really is the union or the guild? What are they representing?” . The actor stated in his now deleted Instagram post .

In 2016, Veteran Nollywood Actor , Emeka Ike also stated that he called it quit with acting because he got tired of making money for DSTV without getting any form of. residuals .

Issues like absence of residuals and lack of a healthcare insurance constitutes a stumbling block to the progress of Nollywood and some of the major reasons why the industry remains unattractive despite the huge potentials . Actors that ordinarily should be forever comfortable based on the numbers of movies and tv shows they have appeared are now left at the mercy of the public once they fall into ill health or sickness of any sort .

Several veteran actors like Ernest Azuzu , Baba Suwe , Clem Ohameze, Ngozi Nwosu, Victor Olaitan, Prince Emeka Ani among several others have in recent times been down with one illness or the other . They had little to zero funds to get proper medical care and had to rely on public help .

While their colleagues in the music industry rake in millions in royalties , the actors wallow in penury due to lack of proper structure to fully exploit their artistic contribution to the movie industry in Nigeria .

As at 2020, The President of Actors Guild of Nigeria (AGN), Emeka Rollas stated that it is imperative all actors join a guild in order to receive residuals and that plans are under way to implement same . Not much has been heard about any such implementation since then .

The Way Forward and Recommendation

Creatives

Considering the Nigerian context , Actors and Creatives should ensure they join the necessary unions and bodies that will protect their interests . The Actors Guild of Nigeria under the leadership of Emeka Rollas oversees the actors in the movie industry, the Screenwriters Guild of Nigeria oversees and protects the interests of the screenwriters in Nigeria under the leadership of Yinka Ogun as at the time of this article and Directors Guild of Nigeria headed by Victor Okhai is the umbrella body for film and television directors in Nigeria .

There are also location based associations like the Motion Pictures Practitioners Association of Nigeria (MOPPAN) for the Northern part. and Theatre Arts and Motion Picture Practitioners of Nigeria (TAMPAN) for the Southern part of the country.


These bodies have health insurance plans that actors who register with them can benefit from . These unions would likely be the first point of call as regards the implementation of a residual plan if same materializes in the Nigerian movie industry .

Actors should also endeavor to negotiate profit participation fees for their involvement in movies and TV shows . This can be achieved by engaging a good Entertainment lawyer to handle all production contracts and negotiate clauses that will favour the creative including but not limited to profit participation clause , residuals , insurance provision , hazard allowance etc

Creatives must also ensure they improve on their craft and become selective with the productions they are involved in as the higher the quality of the movie , the more revenue and the more residuals it tends to make in the long run .

Unions and Guilds

The guilds and union must play their part by creating member policies that regulate the payment of residuals and make provisions for a base fee that members of the guild will be entitled to in form of residuals . The guild must also encourage creatives to arm themselves with key knowledge of their intellectual property rights and ways to adequately exploit them.

Government

On the government’s part , there’s need to introduce tax reliefs for producers and actors . The government also needs to assist with funding to shoot high budget project that are world class and can amass massive runs nationally & internationally .



There is also need to implement laws that will favour the movie industry and ensure development in the eco system . The copyright act must be reviewed to conform with obtainable practices in the developed climes and the scope of powers granted to regulatory bodies like the Censors board , Nigerian Broadcasting Corporation etc must reviewed to cover practices like NFTS and new media syndication.

In conclusion , we long for a time in Nigeria where the creative is fully aware of the immense right and power they possess over their art and talent and can fully exploit same for financial gains. When this happens , the progress in our movie industry will be unprecedented .


Written by Olaoluwa Idowu . Entertainment Lawyer @iamsynord on all social media platforms

WHAT IS ENTERTAINMENT LAW ?

Entertainment law has no universal definition .

The Black’s Law Dictionary defines Entertainment Law as “ The field of law dealing with the legal and business issues in the entertainment industry (such as film , music and theatre ) and involving the representation of artists and producers , the negotiation of contracts and the protection of intellectual property rights “.

Entertainment law can also be defined as the aspect of law that regulates , protects and interprets services , rights and acts inherent in the different facets of the entertainment industry .

To further buttress the above definition , Entertainment law can simply defined as all legal services that is associated with the entertainment industry i.e the entirety of legal provisions and services relevant to the entertainment industry .

As such , entertainment law covers music , comedy , film and television , broadcasts , fashion , tourism, sports , event management, photography , NFTs and many more aspects of entertainment.

The Business of Entertainment is a big business in Nigeria , Africa and the whole world at large . It is inseparable from the daily life and custom of millions of people across the Globe .


Music , Cinematograph films , Artistic Works and Literature among other fields of entertainment have made life easier and fun for people from different facets across the world , uniting them into achieving a common goal ; Being entertained.

Entertainment being a big business sure has its perks . The Flashy Cars , The Spotlight, The Paparazzi, The Showbiz and Glamour , The Business Aspect and other facets of entertainment to numerous to mention .

Entertainment Business is a Money Making Machine . I mean ; you can’t be rendering services that 90 percent of the world’s population show interest and partake in regularly and not be making cool cash .

But there’s the sad part .!!!

No matter how talented or skilled some people or entities are with the Entertainment services they provide , they will never really cash out or make financial gains from it . It is common place to see that a lot of professionals and entities in the entertainment industry are faced with numerous legal challenges, some are exploited financially and physically , some become depressed and others eventually quit or go out of business .

It is not talent they lack nor is it the skill or money , it is the lack of vital knowledge of industry norms and regulations , their intellectual property rights and pertinent entertainment law provisions that leads to a a steady decline in and eventual collapse of their career and business .

Alas , talent is never enough !!!

There is need for clear and adequate knowledge on how the entertainment industry works for creatives ,entertainment business professionals or entertainment entities that are interested in enjoying maximum rewards off their creative efforts and business investments in the entertainment industry in Nigeria .

This is where an Entertainment lawyer comes in .

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Looks great . Hope you got your split sheets and royalties on lockdown with an entertainment lawyer .

If you have gone through the work of creating a music studio or label, you need an entertainment lawyer to monitor and oversee studio commitments , deals , use of studio equipment among other things . Make sure you get one in your corner .

As an artiste , you need an entertainment lawyer to navigate your contracts and deals . Please don’t forget to always have one in your corner .

Cc lalasticlala, Dominique

In need of an entertainment lawyer to guide you in your creative career, then you are on the right thread

Okonandmary:


I came to realize that saving in dollars does not protect store of value especially when there is local inflation

I might save $500 to protect myself against inflation in a da in Gt bank, but what happens when I need that money for local consumption?, I noticed that when converted to naira, the value also decreases because of inflation



how about if I use my $500 to buy something online, with the rate of inflation in the US and other countries, I will have to spend more to get what I want.

i think the best way to protect your dollar is to make it work for you through investment, it is also similar logic for naira. Just saving money destroy it value

This make sense . A lot of sense

Oejozeff:
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Synord:
If you haven’t , you need to know NOW .

Naira to dollar rate is increasing everyday :

Saving in dollars to protect yourself against harsh economic conditions is not negotiable .

I have made over 350 dollars saving and investing on this foremost Nigerian app .

I am sure you must have heard of RISEVEST ?

Well If you haven’t , it’s not too late . Quote or mention me If interested so I can explain further

- https://risevest.com/ref/GVED407

It’s not too late to start investing now .

CryptoGuide:
Don't get it all wrong, saving in dollars will not get you out of poverty. It has never gotten anyone out.

Investing is what gets you out of poverty.

What are the investment opportunities we can explore ?

I want to buy dollars to my paypal and give the person naira . Who does that here ?

Cc lalasticlala, Seun , Dominique

Kobicove:


The purpose of saving in dollar is not necessarily to get you out of poverty, the objective is to protect the value and purchasing power of your money so it does not become eroded by depreciation of the Naira

Hmmn . You have a point ,

Cc lalasticlala, Dominique

#Financialindependence #dollars

Cc lalasticlala

A lot of people say saving in dollars is the only way to stay out of the poverty line in Nigeria .

Others insist saving in dollars isn’t enough, earning in dollars is more recommended .

This two notions is the major use case of many fintech startups in Nigeria today and the reason behind the “ Japa” wave of professionals and youths from Nigeria to western countries .

Must one really save or earn in dollars to live a comfortable life in Nigeria today . Considering the economic situation where one doesn’t even earn enough to save in naira , how does one achieve this save in dollars advise . Is it even suitable to begin with ?