Intellectual Property Lawyers Association of Nigeria Webinar - The Business of Dance

Counting down to an interesting conversation today! Have you saved it on your calendar?
Blessed to have the multitalented and innovative Barrister @nipclaw on the panel! pic.twitter.com/WNMqVIIoCI

— Intellectual Property Lawyers Association Nigeria (@IplanNg) November 26, 2020

Jane Lambert

Yesterday I spoke at a webinar entitled "The Business of Dance" which was organized by the Intellectual Property Lawyers Association of Nigeria.  My fellow panellists were Jemima Angulu of Krump Studios,  Victor Nwejinaka of Blackbones Theatre Kompany, Basorun Aderoju of Hyeres Elite Athletes and Talents and Folarin Aluko of Trumann Rockwood LP. We also had an intervention from one of the judges of the Customary Court of Nigeria.

For many years I have been trying to arrange a similar discussion in the United Kingdom but without success,  That is because intellectual property specialist lawyers and patent and trade mark attorneys do not see much demand for their services in dance.  That, in turn, is probably because companies, theatres and artists have rarely taken an interest in the protection of their intellectual assets.   

Probably the reason why companies, theatres and dance professionals have rarely shown much interest in intellectual property is that they have always got by on ticket sales, occasional donations from the public and subventions from central and local government. The pandemic has changed all that in that it has closed theatres and thereby cut off box office revenues.  Up to now, the United Kingdom and other governments have supported the performing arts generously through the pandemic but it is clear from the spending statement of our Chancellor of the Exchequer that savings will have to be made.  Public support for the performing arts has already been questioned by a few politicians arguing that the money could be better spent in other ways (see Northerners prefer football to ballet, Jake Berry MP says  11 Biv 2020 BBC).

 
In Ballet as a Brand? How to bring More Money into Dance for Companies and Dancers which I published in Terpsichore on 13 March 2014 I argued that there was a third revenue stream for dance from advertising, endorsements and sponsorship which could be generated from protecting and exploiting their intellectual assets.  That already happens in sports and in other performing arts such as opera, film or popular music.  It also happens in dance to a greater extent in other countries such as the USA  (see Michael Cooper and Roslyn Sulcas entitled "Ballet Dancers as Brands" 20 Nov 2013 New York Times).  It was clear from the contributions of Jemima Angulu and Basorun Aderoju that dance artists in Nigeria are looking at new revenue streams from modern technology.

Why is this discussion taking place in Nigeria?  The clue lies in the strapline of the notice advertising the webinar: "Unlocking the culture and content of Africa's oldest art form."  Speaker after speaker stressed the importance of dance in Nigeria.  Dance may be important to us but it is vital to Africa. The website of the Guild of Nigerian Dancers explains why in its Quick Education on  Dance in Nigeria:

"Dance is the reflection of one's inner feelings, expressed through the vocabulary of the body in communication within a given time, rhythm, space and time. Such feelings could be emotions of love, hatred, sadness and joy as the case may be. It could be contemporary movements interpreted into dance forms or styles.
Dance took its root from Mother Nature. From the movement of animals to the flying of birds to the flowing of wave movements, were translated by Man into Dance forms and styles down the generation of time. Each ethnic group was naturally influenced by its geographical locale and culture. We have the Maiden Dances, Occupational Dances Masquerade Dances, Ritualistic Dances, Social Dances, Puppetry, Folklore Dances, Traditional Dances, Rite of Passage Dances."

Those points are emphasized in some of the videos and photos on the Blackbones Theatre Kompany website.

 
Jemima Angulu, a choreographer, performer and teacher as well as Artistic Director of Krump Studios and Director of Special Duties at National Level of the Guild of Nigerian Dancers, understood the importance of intellectual property to dance.   She described how one of her choreographic works had been pirated.  She was very clear as to the guidance she expected from lawyers.  Folarin Aluko spoke about the legal protection that already exists through copyrights, performers' rights and trade marks in Nigeria. He acknowledged that enforcement could be expensive but there was a growing number of lawyers prepared to act pro bono in appropriate cases.

When it came to my turn I said that there was a large and growing demand for the works of African artists in the United Kingdom and other countries.  I mentioned the recent successful tours of the UK by Inala and Dada Masilo's Giselle. I discussed the legal protection for Nigerian performers' brands in the UK by trade mark registration.  In this country, it is possible to register trade marks for services as well as goods and it is essential to do so if a company or artist wants to market DVDs, clothing and other merchandise. I gave the example of Michaela DePrince, a bestselling author as well as a soloist in one of the world's top ballet companies whose books, t-shirts and even discarded pointe shoes are on sale at the concession stand in the Music Theatre in Amsterdam.  I assured Jemima Angelu that her choreography was already protected from unauthorized performance for her lifetime plus 70 years under the Copyright, Designs and Patents Act 1988 in the United Kingdom.  So, too, is the libretto of any narrative work, the musical score and set designs and sometimes costumes.

There was a short but lively Q & A session after the talks.  An interesting question was on originality.  Folarin Aluko pointed out that s.1 (2) (a) of the Nigerian Copyright Act 2004  provides that a work will not be eligible for copyright unless sufficient effort has been expended on the work to give it an original character.  No attempt has been made to define "original" in the context of artistic, dramatic, literary and musical works in our legislation but the Court of Justice of the European Union held in Case C-5/08, Infopaq International A/S v Danske Dagblades Forening  ECLI:EU:C:2009:465, [2009] ECR I-6569, [2009] ECDR 16, EU:C:2009:465, [2012] Bus LR 102, [2009] EUECJ C-5/08, [2010] FSR 20 that originality is to be understood as the expression of the author's intellectual creation.

Anybody wishing to discuss this article or any of the points discussed may call me on +44 (0)20 7404 5252 during office hours or send me a message through my contact form.

Further Reading

The Hon Ehusani Abel Simpa  The Role of the Customary Court in protecting Nigerian Cultural Expressions and Dance 28 Nov 2020 Eruditepark

Jane Lambert  Dance in Nigeria  27 Nov 2020 Terpsichore