By Akinyemi Ayinoluwa
“Movies are a heightened reality” – Steven Spielberg
“When less than everything has been said on a subject, you can still think on further. The alternative is for the audience to be presented with a final deduction, no effort on their part. What can it mean to them when they have not shared with the author the misery and joy of bringing an image into being?” – Andrei Tarkovsky, Sculpting In Time.
These quotes amplify the nature of Film. Its significance cannot be disregarded for it is far too late in the day to do so. Film has in the last decades had a uniquely powerful ubiquity within human civilization. Globally, the billions of cinema admissions creating humongous global box office grosses reinforce its importance. Aside from the cinema culture, film is consumed on numerous channels such as the internet, television, video-on-demand, video games and DVD. When you consider the direct economic impact of film, it is undeniable that its effect on the wider economy is significant. Film – as a tool for communication – has become a powerful vehicle for culture, education, leisure and propaganda.
“I am Akinyemi Ayinoluwa, I am a lawyer, I love films and I love meeting stakeholders in the film business”.
That is my elevator speech and I try to impress it on the minds of prospective clients in the film business at meetings, conferences, seminars, etc. Some say it sounds like needless adulation but I am most sincere when I utter these words. It works all the time and I have no plans of ditching it anytime soon. Some days ago, in Calabar, this speech was used like it was going out of fashion.
Last year, the media was agog with the news of the success of Chioma Ude’s week-long AFRICAN INTERNATIONAL FILM FESTIVAL. I rued my inability to attend and promised I would attend the 2014 edition. Fast forward to 2014; the publicity was top-notch and anyone not living under a rock was overdosed on information concerning the film festival slated for the 2nd week of November. This approach is hardly surprising considering that we are in a social-media-crazed time of our lives; where every Kim, Dencia and Maheeda perpetuates the break-the-media syndrome in crazy proportions.
I have got fire in my belly and I am impassioned to render a catalogue of my thoughts on African Cinema and the festival after – the events that transpired during my first attendance at an international film festival – the AFRICAN INTERNATIONAL FILM FESTIVAL held in Calabar. My account should ignite introspection in as many people who seek a new experience in the film business in Africa, such as Lawyers, Accountants, Bankers, Entrepreneurs, Investors, Critics, Actors and so on. There is room for everyone.
I acknowledge positive developments in Nigeria’s NOLLYWOOD; chief amongst which is the influx of new talent and investors, and even I need a piece of this action. I am crazy enough to think a better Nigerian film industry is possible in terms of production, remuneration for practitioners, training/development and rapid return on investment. Daily, I labour in love to script a customized road map that takes cognizance of inherent debilitating issues. I meet the ‘who-is-who’ and seek appreciable level of notoriety for what I represent. While I enjoy doing the rounds at seminar and conference circuits where gems are dispensed at almost no cost, there is no better place to experience the film community than at a film festival.
As an attorney in the film business, I admit that the film festivals are sacrosanct to having a first hand experience of the creative and business block of the industry. Thus, before I attend the likes of the Sundance Film Festival, Berlin International Film Festival, Los Angeles Film Festival, Toronto International Film Festival, American Film Market, Hong Kong FILMART and Busan International Film Festival (formerly Pusan), there is a need to start with the nearest festival to my turf. I am so glad I did that this year. The African International Film Festival afforded me the kind of experience I needed, right there in the beautiful city of Calabar, Cross River State, Nigeria.
Notwithstanding the fact that Nollywood – as a national brand – has become the prime indicator of Nigeria’s cinematic energy as a country draped in creativity and cultural vibrancy, I believe there is a huge gap between the potential it possesses and the reality its practitioners grapple with. There is a need for a unified attempt to make the most of it as an industry.
It has been widely reported that in Nigeria’s recent GDP rebasing exercise, Nollywood contributed 1.2% to the national economy. This is premised on the fact that it has exploded tremendously in the last ten years. It is now touted as the third-largest film industry in the world, generating US$590 million per year for the Nigerian economy. Yet, this vibrant and profitable industry has grown in leaps and bounds, unaided by strategic investment or systematic human capital development. Oh, how I crave more action!
To prosper the lots of its investors and practitioners there is a need to foster a more favourable ecosystem where all hands are on deck and wherein the creative ones are burdened by what they do best- creating. The task of commercializing talent offerings and Intellectual Property is the sole preserve of ambitious businessmen who understand the business of creativity. Nigeria and Africa’s film industry need dedicated financial institutions, investment bankers, accountants, lawyers, illustrators, and business people with a bias for film to attain greater heights. These experts, I believe, will help realize the endless possibilities as done in more profitable climes.
In industry terms, film festivals are launch pads. Attendees attend for the following reasons:
To broker distribution deals after the film has been screened in front of acquisition executives, talent scouts and film buyers;
to win awards;
to sit on panels at workshops or seminars with the purpose of sharing ideas and experiences while getting honest feedbacks and criticisms;
to cultivate new business relationships; and
to enjoy seminars and screenings.
There is definitely something for everyone.
Undoubtedly, I had the privilege of being the only lawyer in the room, an entertainment lawyer at that. Now to the question of what rational explanation can I give for attending this year’s AFRIFF? To my mind, it was to be an avenue that affords chance meetings for conversations with some brilliant personalities I idolise; to feel the pulse of the industry and attendant burning issues; and build new relationships with prospective clients, particularly those on the come-up. All through my stay in Calabar, I chased after these goals shamelessly. I however wish I had met other entertainment lawyers, especially those from other jurisdictions in Africa. Perhaps they are yet to see the begging opportunities in an industry founded on the concept of INTELLECTUAL PROPERTY.
All through the seminars, partying, bus tours and interviews, my elevator-speech worked wonders and everyone I had a conversation with was enthused about the prospects of working together with me. I told them what I do. I also explained the importance of incorporating business entities, preparing key documents and of legal advice and representation to businesses and individuals in the entertainment industries, including the fields of theatre, and film. Yeah, this looks like marketing. What else was I doing in Calabar if not this?
It’s a fact, home or abroad, that no single individual can navigate the plains in the film business without dealing with legal issues such as: Trademarks, Copyrights, music publishing, film finance, contracts, assignments of rights, licensing, chains-of-title, Collaborative Agreements and employment/union issues. I painstakingly explained this to the few people I spoke with and I was also gratuitously schooled by Mahmood Balogun in some respect. I will not forget the exchanges I had with actors, filmmakers, students and distributors in a hurry.
I dare say that entertainment lawyers, like other professionals have a role to play in the realm of film in Africa. They are an asset to filmmakers and the industry at large. It is time they meander into the scheme of things if the mountains won’t come to Muhammad.
NOTES AND LESSONS FROM AFRIFF
1. Calabar, the capital of Cross River State is beautiful. The green topography is stunningly imposing, and the state’s infrastructure is remarkable.
2. I have never seen so many beautiful women in one city.
3. The African Time syndrome we are plagued with is here to stay, it appears; punctuality at events in Nigeria remains elusive.
4. MRS OBIOMA LIYEL IMOKE; the first lady of Cross River State, and the founder of AFRIFF; Chioma Ude, are beautiful and graceful women; they were a delight to watch and listen to as they delivered their addresses on the opening night.
5. “THE SQUARE”, a film screened on the opening night of the festival, is a must watch for all Africans. It captures the moments leading up to the revolt in Egypt. It also captures the interplay of religion, politics, civil disobedience and social consciousness.
6. Attendees were 95% Nigerians, as though it were a Nollywood Affair. Nonetheless, films from all over Africa were submitted for screening.
7. Film marketing is critical to box office successes. It is about shaping public perception in favour of your film.
8. The five Ps in film marketing are: PRODUCT, PLACE, PRICE, PERSON AND PROMOTION.
9. The movie business is about numbers, the audience, and the people. You must sell your offering and get people to pay attention to your product. Providing a sellable experience is what guarantees a favourable return on investment.
10. Movies could be sold by planting seeds such as Stories, Commemorative events, Talents, or the Director’s stature.
11. PLACE: in marketing this is where the transactions occur, such as: Cinema, DVDs, Cable TV, Internet, Merchandising, Sponsorships and Product Placements.
12. A producer must have an estimate of how much money he can realize from his movie after considering a well orchestrated distribution plan and possible revenue projections.
13. A budget for publicity and advertising is indispensable to recouping monies expended on a production.
14. In marketing film, social media plays an important role. A promotional plan for a release must be well orchestrated. Nothing sells a movie more than positive word of mouth.
15. Mr. Uzoma Onwuchekwa, of EBONYLIFE TV, is an authority on Film Marketing in Nigeria.
16. There is a Nigerian Entertainment Industry Health Insurance Scheme (NEIHIS) that seeks to safeguard the health of Nollywood Practitioners.
17. Nollywood and African Cinema must tell stories that address social issues.
18. Film Critics are partners in progress for their objective thoughts on a production. They should be courted by directors and producers for first hand feedbacks.
19. Don Omope and Shuaibu Husseini are film critics of repute in and beyond Nollywood.
20. Talented filmmaker Todd Brown (producer Raid: Redemption and Raid 2), opined that to effectively go international with your movie, the producer must have a local story that will resonate with a global audience.
21. Kene Mkparu of FilmHouse has done a lot for distribution in Nigeria by proliferating cinemas. Sale of Physical DVDs and CDs is still a mystery. The menace of Piracy continues to deal a death blow on film investments in Nigeria.
22. Distributors need to be more transparent in their dealings with content owners.
23. There is still a dearth of data in the Nigerian film industry. How do you present verifiable numbers to investors?
24. A panellist called for more Lawyers in Nollywood after some notable filmmakers shared their woes on non-performance of contracts and infringements of their rights. I, at that moment grabbed the microphone and shared a few of my thoughts.
25. Distributors and content owners must acknowledge the chain of title and perform according to the dictates of signed documents.
26. Online platforms like YouTube also provide distribution and marketing. One must tread carefully in incorporating this platform.
27. Film Finance is a recurrent phenomenon in the film business. You must set up a proper business entity and understand financial statements. You must have finance professionals working with you to help you explore funding options. Akin Oyebode, Head, SME Banking at Stanbic IBTC Bank, was on hand to render comments too. I figured pitching for funds is an art a filmmaker must understand and master.
28. Kunle Afolayan, the maverick producer of Nigerian Box office hit OCTOBER 1st, shone like a million stars at the festival. His film,”October 1” carted home awards and got thunderous plaudits after its screening and at the awards ceremony.
29. Ojuju, a low budget movie, by filmmaker CJ OBASI won an award for best Nigerian Feature. A perfect underdog-becoming-a-champion story.
30. Tunde Babalola, writer of October 1, while receiving his award for best screenplay opined that a film starts with the script provided by the writer. Students at the workshop he taught roared in agreement.
31.Cabals run the industry. There is a constant cold competition between generations of Actors and Directors.
32. There is Nollywood and the New Nollywood. Think Alaba market, marketers in Asaba, Delta State. Think Tinsel, Gidi Up and other productions of the same quality.
33. Kunle Afolayan is bent on recouping his investment in his film in record time. He seizes every opportunity to assert that there must be financial rewards for work done.
34. IBK (the singer), THE MAGICIANS, and XOLILE TSHABALALA (AFRIFF ambassador) made the closing night beautiful for all with amazing performances and speech.
35. I cannot forget the scriptwriter and director of the movie “GONE TOO FAR”. They are amazing. I became teary-eyed when they received their awards. I salute these ladies; the director Destiny Ekaragha and writer Bola Agbaje.
36. I loved “FINDING FELA”, a documentary on Africa’s biggest music export, FELA ANIKULAPO KUTI.
37. Ten lucky students won scholarships to study various aspects of filmmaking in the United States of America.
38. Tunde Kelani, the veteran filmmaker is enigmatic. He has no airs about him; a journalist’s delight. Also, Mahmood Ali-Balogun, another veteran filmmaker, loves to share knowledge. He takes the pain to advise colleagues. I remain indebted to him for his admonition.
39. The industry has a short memory; we forget the pioneers easily. Fickle.
40. I returned to Lagos, Nigeria, with loads of business cards, developed first-name basis relationships with my new contacts and scheduled appointments to meet with them in the near future.
I hope this long read meant something to you.
Akinyemi is a Partner at HighTower Solicitors and Advocates, a law firm
situate in Marina, Lagos State, Nigeria.
He tweets @akinyemilaw