Copyrights Law in Nigeria

Here’s a clear overview of Copyright Law in Nigeria:

Copyright Law in Nigeria

Nigeria has a comprehensive legal framework to protect copyright, based on both national law and international treaties.

Legal Framework

Primary Legislation:

Copyright Act, Cap C28, Laws of the Federation of Nigeria, 2004 (as amended).

This is the main law governing copyright and related rights in Nigeria.

International Treaties Nigeria is Party To:

Berne Convention for the Protection of Literary and Artistic Works.

TRIPS Agreement.

WIPO Copyright Treaty (WCT).

WIPO Performances and Phonograms Treaty (WPPT).

Rome Convention.

Works Protected

Original works of authorship including:

Literary works (books, articles, computer software).

Musical works and lyrics.

Artistic works (paintings, drawings, sculptures).

Cinematographic films and audiovisual works.

Dramatic works.

Sound recordings.

Broadcasts and cable programs.

Rights Granted

Economic Rights:

Reproduction.

Distribution.

Public performance and communication.

Adaptation and translation.

Rental and lending rights.

Moral Rights:

Right of attribution (to be identified as author).

Right to integrity (to prevent distortion or mutilation).

Right to withdraw work under certain conditions.

Duration of Protection

Life of the author plus 70 years after death.

For cinematographic works, sound recordings, broadcasts, and works of joint authorship, different durations apply but generally no less than 50 years from publication or creation.

Limitations and Exceptions

Fair dealing exceptions for:

Research and private study.

Criticism or review.

Reporting current events.

Education and teaching.

Exceptions should not conflict with normal exploitation or unreasonably prejudice the author’s interests.

Enforcement

The Copyright Society of Nigeria (COSON) plays a significant role in collective management and enforcement.

Civil remedies include injunctions, damages, and account of profits.

Criminal penalties include fines and imprisonment for willful infringement.

The Nigerian courts have jurisdiction over copyright disputes.

Administration and Registration

Copyright protection is automatic upon creation—no formal registration is required.

However, voluntary registration can be done with the Copyright Office under the Nigerian Copyright Commission (NCC) for evidentiary purposes.

Additional Points

Nigeria’s law addresses digital copyright issues, including protection against circumvention of technological protection measures.

The Nigerian Copyright Commission actively promotes awareness and enforcement of copyright laws.

Collective management organizations help artists and creators monetize their rights effectively.

 

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