Exclusivity in the 6th edition of Nigeria Broadcast Commission (NBC) Code and a glimpse of the practice in South Africa and the United Kingdom

Nkem Itanyi , Jade Kouletakis, Ayoyemi Lawal-Arowolo

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Abstract

In Nigeria, the giants in the broadcast of films and sports perceive the 6th edition of Nigeria Broadcast Commission (NBC) Code as a means for others to benefit from their hard work in the industry. The Code makes it obligatory for broadcasters to sub-license their acquired or generated creative content to other broadcasters. Even though NBC has tried to justify its actions by claiming it is to promote competition, most perceive the provision as anti-competitive and a means to cripple the industry by discouraging the haves. This article critically examines the provisions of the Code on broadcast of films and sports. In addition, the practice in South Africa and the UK is explored to determine if similar practices occur in these jurisdictions. This article suggests a collective and negotiation approach between the regulators and the stakeholders (including the haves and the have-nots) in amending the Code.
Original languageEnglish
Pages (from-to)388-396
Number of pages9
JournalEuropean Intellectual Property Review
Volume43
Issue number6
Publication statusPublished - 1 May 2021

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