IP Workshop at the KIFFT: A Round Up.

The 6th Edition of the Kenya Film Festival (KIFF) is currently underway at various venues around Nairobi as well as other cities around the country. Included as part of KIFF are a number of workshops tailored generally at the film making industry. One of these workshops held on the 24th of October 2011 was the IP Rights and Exploitation Workshop coordinated by the Nigerian firm dtalkshop through one of its platforms 'Wetin Lawyers Dey Do...Sef?' used to bridge the gap between lawyers other professionals and the film industry players. The program of the day (picture on the left) included discussions on the relationships in the film industry and the role of other professionals in the industry; structuring contracts, licensing agreements ; identifying IP rights and tackling infringement as well as exploiting the finished products in the film industry. The workshop was attended by IP industry players who acted as resource persons and included Dr Marisella Ouma Executive Director of the Kenya Copyright Board ,Mr. Emeka Mba Director General of the Nigerian National Film and Video Censors Board, Mr. Dayo Ogunemi of Cinemax, producers and film makers Mr. Bob Nyanja, Mr. Jimmy Shamoon and Mr. Yahya Chavanga, Advocate Gerry Gitonga of Azania Legal Consultants as well as your writer. The coordinator and moderator of the event was Counsel Efere Ozako the principal of Efere Ozako & Associates Nigeria. The audience engaged the discussants on the topical issues where it became clear that the Kenyan Entertainment industry including film although a potential huge resource earner for the economy (last pegged as having the capacity to bring in Kshs. 40 billion) is still yet to have formal structures installed both for the development of film and further for the exploitation of film once completed. It was highlighted that there is a Draft Film Policy 2011 that is yet to pass in parliament but which attempts to create formal structures for the film industry. Distributors are required in the market to cater to the high demand of film products. There was an indication that there would be an increase in the number of theaters available in the country that would not only carry foreign film content but would also carry local and other African film content. Emphasis was put on local film makers to produce films that would appeal to the local market first and foremost. It was acknowledged that IP plays a major role in the film industry pre production (clearances, licences, sorting out ownership of rights, ip as means of finance for project, work for hire and commissioning contracts) and post production phases (character merchandising, infringement, protection) and the attendees were made aware of the various clearances and licenses that they would require and how they would go about obtaining the same (a follow up post on this in detail will follow in due course). Film makers were encouraged to approach lawyers to enable them to frame their needs in contracts and agreements that would better protect them and enable smooth exploitation of their products. The Nigerian perspective was canvassed by the Nigerian participants who gave lively ancedotes of the situation in Nollywood and compared with the Riverwood experience. Young film makers were encouraged to practice their craft as practice made perfect. Its difficult to canvass a topic about IP and films and not have a debate about piracy. It was clearly pointed out that the advent of pirates was a phenomenon that affected both Nollywood and Riverwood. The difficulty in succesfully prosecuting pirates was highlighted. I was glad to hear that section 36 of the Copyright Act 2001 had been challenged by constitutional reference although I do not fully agree with there being a contradiction between the Bill of Rights and the section per se it does need to be restructured and the fact that this was going on was encouraging (this is a whole other blog post altogether :) ). In conclusion, the IP Workshop was a great starting point for liasions between professionals in the film industry as well as lawyers. A platform was set up for further deliberation between individuals with the networking that went on after the event as well as the prospects for a similar event next year.