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Movie Ownership 101: Producer, Writer, Director, or Investor?

Movie Ownership 101: Producer, Writer, Director, or Investor?

Eriki Joan UgunushebyEriki Joan Ugunushe
1 year ago
in Entertainment
Reading Time: 3 mins read
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On January 20th, 2023, Shanty Town hit the screens, and the trailer alone had fans buzzing. A six-part crime thriller, the film not only drew attention for its gripping plot but also for bringing back the beloved Chidi Mokeme, an icon for Nollywood fans. His portrayal of Scar, a tough and fearsome character, made the show even more electrifying. With a star-studded cast that included Ini Edo, Richard Mofe-Damijo, Nse Ikpe-Etim, and Sola Sobowale, among others, it quickly became a hit.

Yet, while the cameras were off and the red carpets rolled away, trouble was brewing. By 2024, a bitter dispute emerged between Ini Edo and Chinenye Nworah over one key question: Who owns the movie? This real-life drama raises a very important issue every filmmaker, scriptwriter, director, and investor must understand: Who truly owns a film?

Let’s break it down simply.

Whether you are passionate about filmmaking or just love the art, know this: movies are also legal properties. Laws govern every inch of the creative space. If you don’t pay attention, you may create a masterpiece and still lose it. That’s why having a lawyer skilled in entertainment law, or better yet, a film lawyer, is non-negotiable.

Table of Contents

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  • Who Owns a Film?
  • The Role of the Scriptwriter
  • The Director’s Contribution
  • What About Investors?
  • The Importance of Clear Contracts
  • A Black and White Question with Many Shades

Who Owns a Film?

Typically, under copyright laws worldwide and specifically under Section 108 of the Nigeria Copyright Act, 2022 — the person who made arrangements for the creation of the audiovisual work is considered the first owner, unless otherwise stated in a contract. In plain English, the producer or production company is the default owner of the film’s copyright, unless the parties agreed differently in a written contract.

Movie Ownership 101: Producer, Writer, Director, or Investor?

The Role of the Scriptwriter

By default, scriptwriters own the copyright to the scripts they write. However, when a scriptwriter is commissioned by a production company or sells their script, they usually transfer the copyright to the producer. This is often formalized in a contract.

If a freelance writer is hired under a “contract for service,” they retain ownership of their work unless the contract expressly transfers ownership to the production company. But if they work under a “contract of service” (meaning they are employed as staff), then according to Section 28(2) of the Nigerian Copyright Act, 2022, the employer is presumed to own the copyright unless there’s an agreement that says otherwise.
Movie Ownership 101: Producer, Writer, Director, or Investor?

The Director’s Contribution

Directors play a huge role in shaping a movie’s vision, but that doesn’t automatically make them owners of the film’s copyright.

Usually, directors do not own copyright over the finished film unless the contract says so. However, directors may have moral rights, that is, the right to be acknowledged for their creative input. Moral rights are recognized under Section 14(1) of the Copyright Act, 2022.

What About Investors?

What about investors who put in money? Shouldn’t they own part of the movie too? Again, it depends on the contract.

If the investment agreement clearly states that the investor owns part of the copyright or intellectual property (IP), then they do. Otherwise, investors are usually only entitled to financial returns, not creative ownership. This is why a well-drafted contract is critical before money changes hands.

 

The Importance of Clear Contracts

At the end of the day, the key lesson is simple:

Everything in the film industry runs on contracts.The Nigerian Copyright Act, 2022 respects whatever the parties agreed in writing. If you fail to sign clear contracts, you could end up losing the rights to your own work, just like what happened with some famous real-life cases.

Before you start your film project:

  • Decide who owns the final product.
  • Decide what happens to the script.
  • Decide the rights of directors, actors, and investors.
  • Put all agreements in a written contract.
  • Get a qualified lawyer to draft and review the contracts.

A Black and White Question with Many Shades

Dear filmmaker, this matter rests squarely in your hands.

No matter how passionate or talented you are, if you neglect the legal side, you could lose everything. Get a lawyer. Get a contract. Secure your ownership. Because in the world of filmmaking, passion wins awards, but contracts win rights.

Tags: directorEntertainmentfederal characterinvestorsmovieownershipWriter
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Eriki Joan Ugunushe

Eriki Joan Ugunushe

Eriki Joan Ugunushe is a dedicated news writer and an aspiring entertainment and media lawyer. Graduated from the University of Ibadan, she combines her legal acumen with a passion for writing to craft compelling news stories.Eriki's commitment to effective communication shines through her participation in the Jobberman soft skills training, where she honed her abilities to overcome communication barriers, embrace the email culture, and provide and receive constructive feedback. She has also nurtured her creativity skills, understanding how creativity fosters critical thinking—a valuable asset in both writing and law.

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