Copyright law of the united states and related laws. Chapter 1 introduction the concept of intellectual. Copyright registration in nigeria copyright protection. Fair dealing under the nigerian copyright law nnamdi. Firstly, it should be noted that, unlike trademarks, patents and industrial designs there is no centralised system of protection. Research fellow, nigerian institute of advanced legal studies nials, lagos. This right, however, does not bestow on the owner an absolute monopoly to control access to ed information. Ghanaian law into conformity with the ghanaian constitution, to help strengthen protection of s and related rights in ghana and to bring ghana into compliance with its. It can, at times, appear to be at best, unjust, and at worst, simply insupportable. Trade mark laws and regulations nigeria covers common issues in trade mark laws and regulations including legislation, application, refusal, opposition and registration in 48 jurisdictions. Draft rules updating nigerias law regime are expected to be submitted to parliament in 2016, after the public. A is an exclusive right given to the originator of creative work to reproduce the work for a limited period. Nigerian copyright reform and implications for access to. Protection of intellectual property rights in computer.
Registered trademarks in nigeria are governed by the trademarks act, chapter t laws of the federation of nigeria 2004 the trademarks act, while unregistered trademarks are governed by received english common law. Copyright laws and regulations covering issues in nigeria of copyright subsistence, ownership, exploitation, owners rights, copyright. John holds a law degree from the university of benin, nigeria and triple postgraduate law degrees including a master of laws degree in intellectual property law from the benjamin n. Copyright law and photocopying practice in nigeria by glory. 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. Pdf women in nigeria face many challenges and discriminatory practices under some extant laws and customs. In other words, section 107 sets forth nonexclusive purposes and nonexclusive factors for fair use. This is the reason violation of laws still persists. Jan 28, 2012 8 responses to fair dealing under the nigerian copyright law mr shina atanda says. But yet, is a legal system designed to protect creations in their material forms. An act to make provisions for the definition, protection, transfer, infringement of and remedy and penalty thereof of the in literary works, musical works. The institutional roles of libraries and librarians who are the custodians of most intellectual. The accessible books consortium abc aims to increase the number of books worldwide in accessible formats such as braille, audio and large print and to make them available to people who are blind, have low vision or are otherwise print disabled.
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. One is to give statutory expression to the moral and. Copyright collective nigeria rights management in nigeria. 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. Local government administration amendment law 2016. Evolution and future trends of in nigeria journal of open. An act to make provisions for the definition, protection, transfer, infringement of and remedy and penalty thereof of the in literary works, musical works, artistic works, cinematograph films, sound recordings, broadcast, and other ancillary matters. Patentable inventions 1 subject to this section, an invention is patentable a if it is new, results from inventive activity and is capable of industrial applica tion. Nigeria prepares to revamp its copyright system for the. The law made provisions for the protection of intellectual works, criteria for eligibility, originality, fixation and duration of works as. 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.
Section 107 then lists four factors that are to be included in the determination of whether the use made of a work in any particular case is a fair use. There is no system or requirement for the registration of in nigeria. Lagos state 2015 laws the laws of lagos state 2015 loading products. Trade marks 2020 laws and regulations nigeria iclg. Evolution and future trends of copyright in nigeria journal. Copyright lawyers, law firms in nigeria for every city. Strengthening intellectual property rights and protection in nigeria sometime in april this year, the intellectual property law association of nigeria iplan elected new executive officers to oversee its affairs. Written in the authors characteristic lucid style, this book will also appeal to authors, policy makers and the general reader who has need for knowledge. Infringement under the law is not condoned but when the act or omission is carried on under some special circumstances of fair dealing, it is not regarded as infringement under the law. As used in this subsection, the term anyone includes any state, any instrumen.
The federal government of nigeria fgn has implemented an electronic collection system to automate payments to nigerian copyright commission ncc. Three broadcasting facilities engaged in pirating the broadcast signals of several right owners including star. Section 36 provides for restriction on the importation of any published literary, artistic, musical or sound recording. Login nigerian copyright eregistration system ncers. All information is provided as is and for informational purposes only. By virtue of membership of certain international treaties and conventions, works of nigerian citizens enjoy protection in territories of member countries of such treaties to which nigeria is a party, including the berne convention. This site uses cookies to help give you the best experience on our website. Section 36 provides for restriction on the importation of any. Youth, creativity, and copyright in the digital age. In nigeria, the laws are not effectively administered. Penelope andrews at new york law schoolnew york law school, olufunmilayo arewa at temple university james e. This manifests in terms of plagiarism, photocopying and piracy. Notably, this came at a time when advocacy for the reform of. Beasley school of law, james thuo gathii at loyola university chicago school of law, jonathan klaaren at university of the witwatersrand, johannesburg, makau w.
Recent developments in intellectual property law in nigeria 5 the appeal as lacking in merit and affirmed the decision of the lower court. Nov 21, 2019 to print this article, all you need is to be registered or login on. Afegbua, law librarian, university of abuja, abuja1 introduction i will start by thanking the nigerian judicial institute for inviting me to make this presentation at the. Cookies enable us to collect information that helps us personalise your experience and improve the functionality and performance of. 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.
Recent developments in intellectual property laws in nigeria. If there is any doubt as to whether a specific use or practice violates laws, the local church should seek the written advice of a lawyer or specific written. South africas law is on a knifeedge this article is provided for informational purposes only and not for the purpose of providing legal advice. In a country such as nigeria, the importance of the law of can hardly be overemphasized. The laws of the federation of nigeria were revised and consolidated pursuant to the revised edition laws of the federation of nigeria decree 1990. Intellectual property laws in nigeria trademarks, copyrights. Copyright nigerian law intellectual property watch inc. Countries have laws to protect intellectual property for two main reasons.
It is important for rightholders such as producers to have a good understanding of existing law to enable them effectively apply and. This is a country where book, film and music piracy still reign supreme with attendant losses of income to authors, publishers, film makers, musicians and many other owners. He lectures in the masters of intellectual property mip programme, africa university, mutare, zimbabwe. The level of information contained within the guide is clear and appropriate legislation references allow for the user to make an easier indepth analysis where appropriate. The challenges of the nigerian copyright commission ncc in the fight against copyright piracy in nigeria mary imelda obianuju nwogu1 lecturer, faculty of law, nnamdi azikiwe university, p m b 5025, awka, anambra state, nigeria. Ghanaian law of copyright download ebook pdf, epub.
Music in africa provides a platform for musicians and contributors to embed music and videos solely for promotional purposes. Concise and easy to read crossborder guides for anyone requiring an understanding of the nuances within various jurisdictions. Lecture 09 notes copyright and intellectual property. It is therefore the most reliable compendium on nigerian law. Some basic facts about copyright in nigeria nigerian law. 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. 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. 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. However, section 14 of the act states that publishers, printers, producers or manufacturers of ed material must keep a register of all works produced by them showing. Copyright law and photocopying practice in nigeria unl digital. As in most common law jurisdictions, protection in nigeria does not extend to ideas, facts, processes, laws of nature and mathematical formulas. For purposes of this chapter other than section 506, any reference to shall be deemed to include the rights conferred by section 106aa.
This is why a distinction has to be drawn early enough between form and. Introduction the primary function of under the law is to protect from annexation the fruits of a persons work. 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. As an attorney with an international focus, i find myself referring to and relying upon the iclg publications more frequently than any other professional or scholarly publication. If any track or video embedded on this platform violates any s please inform us immediately and we will take it down. Download ghanaian law of or read online books in pdf, epub, tuebl, and mobi format. This act introduced for the first time the concept of the author of a work being the owner of its, and laid out fixed terms of protection. This site is like a library, use search box in the widget to get ebook that you want. 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 protection and promotion of womens rights in nigeria. Kainan partners is a full service commercial law firm in abuja nigeria, established in 2014,the firm has steadily grown and positioned itself as one of the leading law firms in nigeria our services include debt recovery, company secterial services, commercial litigation, immigration, labour law.
The history of starts with early privileges and monopolies granted to printers of books. 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. Librarians and copyright protection in nigeria 2 final. The worlds first law was the statute of anne, enacted in england in 1710. Effective laws to combat these problems are very important. Home nigerian copyright eregistration system ncers. It is often difficult to believe that the should be respected. The british statute of anne 1710, full title an act for the encouragement of learning, by vesting the copies of printed books in the authors or purchasers of such copies, during the times therein mentioned, was the first statute. Pdf on jan 1, 20, olugbenga ajani olatunji and others published copyright regulations under the nigerian copyright act. Click download or read online button to get ghanaian law of book now. Law of the federation of nigeria nigerialaw home page. Fair usethe right to transform and critique cultural artifacts, or at least a defense to infringement claims for having done sois an unusually complex and vague legal doctrine. This page contains listing of free law books online textbooks and tutorials they are downnloadable or for viewing online in the html pdf zip chm or rar file formats. Pdf copyright regulations under the nigerian copyright act.
Librarians and copyright protection in nigeria by barrister isa s. Previously, we discussed the framework for protection in nigeria. The united states can demonstrate that our framework provides strong and effective protection. The roles of librarians in copyright protection in nigeria. The laws in force as of the 31st day of january 1990 that is to say, the several enactments and subsidiary legislation were subsequently published in 471 chapter bound in 24 volumes. Your work must be officially ed to deter plagarism, and to prove you are the original creatorauthor in the event that someone accuses you of copying their work, or when somebody copies your work. The guide has proved to be an excellent resource for an inhouse legal team covering multiple jurisdictions. This paper examines the development of in nigeria by looking at the different legal regimes that have existed within nigerias system. The platform is a good one but how i wish it is very effective.
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