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03 Jan

IP 1.5 NATURE OF COPYRIGHT

THE NATURE OF COPYRIGHT.

Copyright relates to the whole or substantial part of the work.

The nature could be divided into Economic and Moral rights.

Economic rights: Refer to the rights conferred on the author to exploit his work to the exclusion of others. Usually commercial in nature.

Moral Rights: Are the inalienable and imprescriptible rights granted to the author of the work. Commonly referred to as droit moral. Right to claim authorship and prevent distortion or mutilation of his/her work.

Please note that the acts specified in the second schedule (of the Act) is outside the purview of the protection accorded.d

Section 6, 7 and 8 of the Copyright Act provides for the economic rights.

Copyright gives to the owner the exclusive right to do, authorize or control the doing of any of the following acts in Nigeria.

  1. In the case of a literary or musical work;
  • Reproduce
  • Publish
  • Perform
  • Translate or make an adaptation of the work
  • Distribute for commercial purposes
  • Communicate the work to the public.
  • Do any of the above listed acts to the adapted or translated version of the work.
  1. In the case of an artistic work:
  • Reproduce
  • Publish
  • Include in a cinematograph film
  • Adapt
  • Reproduce or publish the adapted work.
  • In architectural works, Section 6(3) provides that it shall include the right to control the erection of the building which reproduces the whole or substantial part of the work.
  1. In the case of a cinematograph film:
  • Make a copy
  • Communicate it to the public
  • Include the work in any cinematograph film and utilizing its sound tracks.
  • Make a copy and communicate to the public, the adapted version of the work.
  • Distribute to the public for commercial purposes.

Literary, musical and artistic workc is in Section 6 a, b and c respectively.

Section 7 of the Copyright Act provides for the nature in sound recording.

They include the exclusive right to control in Nigeria:

  • The reproduction
  • Broadcasting and communication to the public
  • Distribution for commercial purposes.

Section 8 of the Copyright Act provides for the nature in a broadcast

To control the doing in Nigeria:

  • Recording and re-broadcasting
  • Communication to the public
  • Distribution for commercial purposes

(2)  Control the taking of still photographs from a television broadcast.

 

For the purpose of understanding this topic, a central theme that runs through the above listed provision(s) is: “distribution for commercial purposes”. This buttresses the Economic Theory. In a lay language do not reap the fruit of another man’s labour.

 

Isochukwu

Quite eccentric really

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