This piece summarises the Nigerian Law of Copyright, with a particular focus on literary and musical works.
According to the Copyright Act of Nigeria, the following shall be eligible for copyright-
(a) literary works; (which includes, irrespective of literary quality, novels, stories and poetical works; plays, stage directions, film scenarios and broadcasting scripts; choreographic works, computer programmes; text-books, treatises, histories, biographies, essays and articles; letters, reports and memoranda; lectures addresses and sermons; and other similar works)
(b) musical works; (which means means any composition, irrespective of musical quality and includes works composed for musical accompaniment.)
(c) artistic works;
(d) cinematograph works;
(e) sound recording; (which means the first fixation of a sequence of sound capable of being perceived aurally and of being reproduced, but does not include a soundtrack associated with a cinematographic film.)
A literary, musical, or artistic work shall not be eligible for copyright unless-
(a) sufficient effort has been expended on making the work to give it an original character;
(b) the work has been fixed in any definite medium of expression now known or later to be developed, from which it can be perceived, reproduced or otherwise communicated either directly or with the aid of any machine or device (e.g. on paper, stone, on a computer hard-drive, on a blog-hosting server).
Copyright in a work shall be exclusive right to control the doing in Nigeria of any of the following acts (for literary or musical works):
(i) reproduce the work any material form;
(ii) publish the work;
(iii) perform the work in public;
(iv) produce, reproduce, perform or publish any translation of the work;
(v) make any cinematograph film or a record in respect of the work;
(vi) distribute to the public, for commercial purposes, copies of the work, by way of rental, lease, hire, loan or similar arrangement;
(vii) broadcast or communicate the work to the public by a loud speaker or any other similar device;
(viii) make an adaptation of the work;
(ix) do in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-paragraphs (I) to (vii) of this paragraph;
Copyright in a sound recording shall be exclusive right to control in Nigeria-
(a) the direct or indirect reproduction, broadcasting or communication to the public of the whole or a substantial part of the recording either in its original form or in any form recognisably derived from the original;
(b) the distribution to the public for commercial purposes of copies of the work by way of rental, lease, hire, loan or similar arrangement.
WHO OWNS THE COPYRIGHT?
- Usually, the author or composer of the work;
- If Person X commissions Person Y to author the work (Y not being X’s employee or apprentice), or if Y makes it in the course of his employment, copyright belongs to Y, unless the contract between X and Y states otherwise.
- If the work is made in the course of employment in an organisation that issues newspapers, magazines or other periodicals, copyright belongs to the company, unless contract says otherwise.
WHO IS THE AUTHOR OF A MUSICAL WORK?
Musical Work usually comprises the Musical Composition and Sound Recording.
Musical Composition consists of the music as written, as well as any accompanying words (lyrics). The sound recording, on the other hand, results from the fixation of a series of musical, spoken, or other sounds into a tangible medium that can be played back.
The author of the composition is the writer and/or the lyricist. Author of the sound recording is the composer(s) or the sound engineer, or both. However, it’s possible for the contract between the composer and the sound engineer to state who owns the copyright.
WHAT IS COPYRIGHT INFRINGMENT?
Copyright is infringed by any person who without the licence or authorisation of the owner of the copyright-
(a) does, or cause any other person to do an act, the doing of which is controlled by copyright;
(b) imports into Nigeria, otherwise than for his private or domestic use, any article in respect of which copyright is infringed under paragraph (a) of this subsection;
(c) exhibits in public any article in respect of which copyright is infringed under paragraph (a) of this subsection;
(d) distributes by way of trade, offer for sale, hire or otherwise or for any purpose prejudicial to the owner of the copyright, any article in respect of which copyright is infringed under paragraph (a)of this subsection;
(e) makes or has in his possession, plates, master tapes, machines, equipment or contrivances used for the purpose of making infringed copies of the work;
(f) permits a place of public entertainment or of business to be used for a performance in the public of the work, where the performance constitutes an infringed of the copyright in the work, unless the person permitting the place to be used is not aware, and had no reasonable ground for suspecting that the performance would be an infringement of the copyright;
(g) performs or cause to be performed for the purposes of trade or business or as supporting facility to a trade or business or as supporting facility to a trade or business, any work in which copyright subsists.
JUDICIAL RELIEF/REMEDIES FOR INFRINGEMENT
- Damages – money, punitvely
- Injunction – an order of the court
- Account – hand over all the income from unlicensed sales/reproduction
- Others (as court deems fit).
DURATION OF COPYRIGHT
|Type of Work||Author||Date of Expiration of Copyright|
|Literary, musical or artistic works other than photographs||Known Human Author||70 years after the end of the year in which the author dies.|
|Known Joint Authors||70 years after the end of the year in which the author dies; ‘death of the author’ taken to refer to the author who last dies.|
|Anonymous or Pseudonymous Author||70 years after the end of the year in which the work was first published.|
|Government or Body Corporate||70 years after the end of the year in which the work was first published.|
|Cinematographic Films & Photographs||50 years after the end of the year in which the work was first published.|
|Sound recordings||50 years after the end of the year in which the recording was first published.|
|Broadcasts||50 years after the end of the year in which the broadcast first took place.|
- Plagiarism is Copyright Infringement AND Poor Form (jooq.org)
- The COSON Summit on Digital Licensing (texthelaw.wordpress.com)
- NSA Using Copyright Claims To Crush Free Speech? (tatoott1009.com)
- Understanding Copyright Basics (brookshammond.wordpress.com)