Pdf the scope and standard of originality and fixation. The copyright act chapter c28 laws of the federation of nigeria 2004 copyright act, does not define the word works. It has been revised and extended over the years due to pressure from developed countries, industries and fulfillment of international obligations. Pdf copyright regulations under the nigerian copyright act. Under the nigeria criminal law, sedition is define under section 50 1 of the criminal code applicable. According to the world intellectual property organization wipo, intellectual property refers to creations of the mind. This is no doubt causing untold hardship to the citizenry of the country, particularly as it relates to the entertainment industry. Section 35 of the act provides for presumptions as to the existence of a in a work. Section 36 provides for restriction on the importation of any published literary, artistic, musical or sound recording.
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. Jan 28, 2012 8 responses to fair dealing under the nigerian copyright law mr shina atanda says. The commission head office is located at the federal secretariat phase 1, annex 2, ground floor, shehu shagari way, central business district, abuja, nigeria. 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. Understanding administrative law fourth edition by william f. 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. 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. Apr 17, 2018 a sufficient effort has been expended on making the work to give it an original character. 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. 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. 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. Login nigerian copyright eregistration system ncers.
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. Copyright registration in nigeria copyright protection. This is consequent to the criteria provided by the law in order to qualify for, patent and trade secret protection. This guide will be of great help in my practice as head of the group legal department. Franck tassan, group general counsel carrefour, paris, france. The objective of the paper is to examine law and photocopying practice in nigeria. 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.
Chapter c28 laws of the federal republic of nigeria 2004 lawyard. The intellectual property law is developing in nigeria though we recognize it is not where it ought to be. 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. In section 34 the validity of an affidavit affirming that exists in any work is sanctified. The federal government of nigeria fgn has implemented an electronic collection system to automate payments to nigerian copyright commission ncc. Nigeria copyright and software protection longe, 0.
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. Introduction the primary function of under the law is to protect from annexation the fruits of a persons work. The defence of fair dealing in nigerian copyright law. 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. This right, however, does not bestow on the owner an absolute monopoly to control access to ed information. Copyright law and photocopying practice in nigeria unl digital. An act to make provisions for the definition, protection, transfer, infringement of and. Similarly, law allows a literary critic to quote passages of a novel in. In nigeria, the balancing features of is said to be under used 81 though the features are quite extensive. Evolution and future trends of in nigeria journal of open.
Copyright law and photocopying practice in nigeria by glory. Companies and allied matters act arrangement of sections part a companies part i corporate affairs commission section 1. Intellectual property laws in nigeria trademarks, copyrights. Literary, musical or artistic works other than photographs. Copyright in works of government, state authorities and international bodies.
A vitiating element of contract is the technical term for the things which make a contract void or voidable. 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. Recent developments in intellectual property law in nigeria 2 1. In this article, we briefly discussed intellectual property laws in nigeria. Moore is strongly recommended, thus fair dealing is regarded as a safety valve between these two seemingly conflicting interest of. Recent developments in intellectual property laws in nigeria. A is an exclusive right given to the originator of creative work to reproduce the work for a limited period. A brief introduction to intellectual property law he trademarks act of the federal republic of nigeria the act was enacted in 1965i. Professor of law the catholic university of america 0001 versacomp 4. Copyright collective nigeria rights management in nigeria. Nigeria and the current legislation into the nigerian legal system. One area in which the country can explore huge investment opportunities is her intellectual property rights development and protection. As in most common law jurisdictions, protection in nigeria does not extend to ideas, facts, processes, laws of nature and mathematical formulas.
Generally you do not always need permission to copy or use material. Abstract protecting software using intellectual property law provisions in nigeria is becoming more challenging. 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. The statutory mandate of the commission as an administrative agency was extended to cover enforcement and regulatory functions. Intellectual property is simply the creation of the human mind. The constitution of the federal republic of nigeria 1999 with annotations lagos. Copyright nigerian law intellectual property watch inc.
It would appear that the general public, creators and courts are not quite conversant. 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. Key objectives of the reform are to reposition nigerias creative industries for greater growth. Nigeria prepares to revamp its copyright system for the. An overview of copyright protection in nigeria part 1. It is important for rightholders such as producers to have a good understanding of existing law to enable them effectively apply and. The provisions of this act shall take effect subject to the provisions of the penal code northern states federal provisions act. Administrative appeals tribunal act 1975 australia. All information is provided as is and for informational purposes only. 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. The states have their own courts that enforce state laws, while the federal government has its own courts that enforce federal laws.
The courts of record in nigeria are those courts that are established by the nigerian constitution for federal capital territory, state and federation. Home nigerian copyright eregistration system ncers. Pdf the scope and standard of originality and fixation in. 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. Ctc legal media the copyright lawyer 1 ringback tunes, and the unlawful transmission of the affected works. Pdf on jan 1, 20, olugbenga ajani olatunji and others published copyright regulations under the nigerian copyright act. Nigeria, copyright security devices regulations 1999. Copyright act nigeria nigerian law intellectual property. Under the act, the owner of a trademark generally has the. Fair dealing under the nigerian copyright law nnamdi. Yh collection of laws for electronic access nigeria ng005en copyright security devices, regulations, 07091999 page 23 accreditation of producers 3. 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. 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.
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