Sunday 21 February 2021

Way Forward On Film Licensing in Nigeria

"Ordinarily, I'm not and won't result to commenting publicly on attempts to arrogate or abuse perceived power particularly if it stems from infantile rascality that could be traced to failed upbringing. However, this issue being fundamental and germane to the very essence of our practice and collective aspirations, I'm obliged to give informed view regardless of whose ox is gored.

NFVCB by the Act that set it up is assigned two key tools as a regulator. The key tools provided by the law for this purpose are:

(a) Licensing

(b) Registration

Licensing applies to entities seeking to distribute, exhibit and stream film for the purpose of personal gain while registration on the other hand applies to the title or product for the purpose of admission to evaluate or classification. Registration is not for individual or professional groups or associations. The Act uses registration for two broad concerns, namely: (1) film title for purposes of classification

(2) keeping a register of films for purposes of archiving.

Accordingly, no provision under the extant laws setting up the board empowers it to give operational or professional instructions to guilds/associations. However, the Board can give such operational instructions, conditions and guidelines to film distribution and exhibition associations because they are licensees of the Board. The key operational and status requirement anyone owes the Board drawing from its Act pursuant to censorship and classification is evidence of copyright clearance. 

This so because the Act expects the Board to put itself in the position where every film title, not its producers are accountable to the Board. That is exactly why the Board is called upon by the law setting it up to focus and track the ownership, status and movement of each film title. The section quoted by the document in queston talks of license. It's clear that license, according to the NFVCB Act is for distribution, exhibition and exhibition premises. 

But the memo strays away most fraudulently from the word license to register, mischievously interchanging one for the other. To the undiscerning this could pass, however, we all need to be circumspect in our dealings and romance with those seeking absolute control/power of the industry all in the guise of assisting our struggling guilds/associations to stand on their feet. Shalom."

By Mahmood Ali-Balogun 

(Notable filmmaker).

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