This guide will be of great help in my practice as head of the group legal department. It would appear that the general public, creators and courts are not quite conversant. Nigeria prepares to revamp its copyright system for the. Copyright law and photocopying practice in nigeria by glory. Professor of law the catholic university of america 0001 versacomp 4. This section contains free ebooks and guides on law books, some of the resources in this section can be viewed online and some of them can be downloaded. In this article, we briefly discussed intellectual property laws in nigeria. One area in which the country can explore huge investment opportunities is her intellectual property rights development and protection.
Visit any bank branch and present your payment to the teller overthecounter and say you want to pay nigerian copyright commission via the remita platform. Generally you do not always need permission to copy or use material. The scope and standard of originality and fixation in nigerian and south african law article pdf available june 2018 with 720 reads how we measure reads. Neither ngex nor any of its independent providers is liable for any informational errors, incompleteness, or delays, or for any actions taken in reliance on information contained herein. The courts of record in nigeria are those courts that are established by the nigerian constitution for federal capital territory, state and federation. Key objectives of the reform are to reposition nigerias creative industries for greater growth. Intellectual property ip watch reported late last month that nigeria was in the process of reforming its laws for the digital age, including the adoption of its own notice and takedown internet service provider isp safe harbor scheme. Similarly, law allows a literary critic to quote passages of a novel in. Nigeria and the current legislation into the nigerian legal system. Ctc legal media the copyright lawyer 1 ringback tunes, and the unlawful transmission of the affected works. Nigerias intellectual property law should be aligned with international best practices. The copyright act chapter c28 laws of the federation of nigeria 2004 copyright act, does not define the word works. Copyright registration in nigeria copyright protection.
In section 34 the validity of an affidavit affirming that exists in any work is sanctified. A vitiating element of contract is the technical term for the things which make a contract void or voidable. Companies and allied matters act arrangement of sections part a companies part i corporate affairs commission section 1. This right, however, does not bestow on the owner an absolute monopoly to control access to ed information. The provisions of this act shall take effect subject to the provisions of the penal code northern states federal provisions act. Recent developments in intellectual property law in nigeria 2 1. The statutory mandate of the commission as an administrative agency was extended to cover enforcement and regulatory functions. Apr 17, 2018 a sufficient effort has been expended on making the work to give it an original character. An act to make provisions for the definition, protection, transfer, infringement of and.
Literary, musical or artistic works other than photographs. Whilst in some countries protection is automatic as soon as the work is saved in material form, registering for in nigeria is extremely important in order for the holder to have the all important proof of. Jan 28, 2012 8 responses to fair dealing under the nigerian copyright law mr shina atanda says. The protection of is an obligation of nations in order to promote and encourage innovation and creativity the law gives the owner of ed work the exclusive right to control the reproduction of ed works.
Home nigerian copyright eregistration system ncers. Nature of in broadcast 1 subject to this section, in a broadcast shall be the exclusive right to control the doing in nigeria of any of the following acts, that is. Intellectual property ip is a generic term that describes creations of the intellect in relation to which the law ascribes exclusive right of appropriation to the designated owners. Uduak oduok empowering the african artist and africas rapidly evolving entertainment industry through brilliant music business and entertainment law commentary and analysis, industry news, and exclusive interviews. In nigeria, the balancing features of is said to be under used 81 though the features are quite extensive. The defence of fair dealing in nigerian copyright law. Pdf copyright regulations under the nigerian copyright act. Nigeria, copyright security devices regulations 1999.
Abstract protecting software using intellectual property law provisions in nigeria is becoming more challenging. This is no doubt causing untold hardship to the citizenry of the country, particularly as it relates to the entertainment industry. As in most common law jurisdictions, protection in nigeria does not extend to ideas, facts, processes, laws of nature and mathematical formulas. The federal government of nigeria fgn has implemented an electronic collection system to automate payments to nigerian copyright commission ncc. The states have their own courts that enforce state laws, while the federal government has its own courts that enforce federal laws. Intellectual property laws in nigeria trademarks, copyrights. Section 35 of the act provides for presumptions as to the existence of a in a work, the ownership of the by the plaintiff and such other matter.
Introduction the primary function of under the law is to protect from annexation the fruits of a persons work. Jul 02, 2012 africa music law africa music law aml is a pioneering music business and entertainment law blog and podcast show by fashion and entertainment lawyer ms. Pdf on aug 1, 2010, nwamaka iguh and others published conflicts of laws in nigeria find, read and cite all the research you need on researchgate. Under the nigeria criminal law, sedition is define under section 50 1 of the criminal code applicable. Copyright nigerian law intellectual property watch inc. Since the countrys amalgamation in january of 1914, nigeria s legal framework generally, law included, was made up of the common law of england, doctrines of equity and natural justice, as well as statutes of general application, that were in force in the united kingdom on the 1 january 1900. The intellectual property law is developing in nigeria though we recognize it is not where it ought to be. Section 35 of the act provides for presumptions as to the existence of a in a work. Moore is strongly recommended, thus fair dealing is regarded as a safety valve between these two seemingly conflicting interest of. Is a comprehensive term and it embraces all those practices, whether by word, clust or writing are calculated to disturb the tranquility of the state and lead against person to endeavor to subvert the government and the laws of the ethic.
According to the world intellectual property organization wipo, intellectual property refers to creations of the mind. Since the countrys amalgamation in january of 1914, nigerias legal framework generally, law included, was made up of the common law of england, doctrines of equity and natural justice, as well as statutes of general application, that were in force in the united kingdom on the 1 january 1900. Pdf the scope and standard of originality and fixation. Yh collection of laws for electronic access nigeria ng005en copyright security devices, regulations, 07091999 page 23 accreditation of producers 3. Intellectual property is simply the creation of the human mind. Copyright collective nigeria rights management in nigeria.
Nigeria copyright and software protection longe, 0. Copyright law and photocopying practice in nigeria unl digital. Chapter c28 laws of the federal republic of nigeria 2004 lawyard. Login nigerian copyright eregistration system ncers. Copyright in works of government, state authorities and international bodies. Evolution and future trends of in nigeria journal of open. Some basic facts about copyright in nigeria nigerian law. It has been revised and extended over the years due to pressure from developed countries, industries and fulfillment of international obligations. Franck tassan, group general counsel carrefour, paris, france. It is important for rightholders such as producers to have a good understanding of existing law to enable them effectively apply and. The constitution of the federal republic of nigeria 1999 with annotations lagos. All information is provided as is and for informational purposes only.
The objective of the paper is to examine law and photocopying practice in nigeria. Recent developments in intellectual property laws in nigeria. Understanding administrative law fourth edition by william f. For further updates, information and queries on law, trade mark, patent and design filings in nigeria and across north africa, please contact email protected see also. Fair dealing under the nigerian copyright law nnamdi. Pdf the scope and standard of originality and fixation in. Administrative appeals tribunal act 1975 australia. This is consequent to the criteria provided by the law in order to qualify for, patent and trade secret protection. A is an exclusive right given to the originator of creative work to reproduce the work for a limited period.
Pdf on jan 1, 20, olugbenga ajani olatunji and others published copyright regulations under the nigerian copyright act. Nov 23, 2014 a owner will always have the right to exercise a right of ownership over a work, and to challenge the infringement of, where that work has been reproduced, broadcast, or performed by a person without prior permission having been obtained either by way of an assignment, licence or any other kind of legal transfer of the. An overview of copyright protection in nigeria part 1. A brief introduction to intellectual property law he trademarks act of the federal republic of nigeria the act was enacted in 1965i. An overview of copyright protection in nigeria part 1 intellectual. The commission head office is located at the federal secretariat phase 1, annex 2, ground floor, shehu shagari way, central business district, abuja, nigeria. Copyright act nigeria nigerian law intellectual property. A owner will always have the right to exercise a right of ownership over a work, and to challenge the infringement of, where that work has been reproduced, broadcast, or performed by a person without prior permission having been obtained either by way of an assignment, licence or any other kind of legal transfer of the. Section 36 provides for restriction on the importation of any published literary, artistic, musical or sound recording. Although nigeria has what may be considered good intellectual property laws and has launched many commendable programmes, enforcement of existing laws remains a major problem.
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