10 Jul

COPYRIGHT PROTECTION: HOW AUTHORS HAVE DEALT WITH THE INADEQUACY OF THE LAWS

In all my research, I discovered that technology advances faster than the legislations. This encapsulates in a situation where the government (through legislation) is constantly struggling to catch up with technological and environmental development. This results in a constant but imperfect amendment of the laws. Loopholes arise in new dimensions which the drafters could never […]

19 Jun

NATURE AND SCOPE OF COPYRIGHT PROTECTION (PART TWO)

2.3.1 ELIGIBLE WORKS: Section 1 is the relevant provision here. Eligible works include[1]:  Literary, Musical, Artistic, Cinematograph, Sound recording and Broadcast. The eligibility is conferred irrespective of their quality. Note also that this list is not exhaustive. 2.3.2 THE REQUIREMENT OF SUFFICIENT EFFORT AND FIXATION. Section 1(2) of the Copyright Act provides that: “A literary, […]

19 Jun

NATURE AND SCOPE OF COPYRIGHT PROTECTION (PART 1)

2.3       THE NATURE AND SCOPE OF COPYRIGHT PROTECTION. The world thrives on ideas and works of creative individuals. Works resulting therefrom are protected under the broad head of Intellectual Property Law[1]. Intellectual Property has been defined by the World Intellectual Property Organisation (WIPO) as “creations of the mind: inventions, literary and artistic works, and […]

19 Jun

A BRIEF HISTORY OF COPYRIGHT LAW

2.2 HISTORY OF COPYRIGHT. Copyright predates the Statute of Anne. Scholars trace it to the declaration of King Diarmund while passing judgment in respect of a dispute between one Mr Finnanin and Mr Columcille. In the case, Finnanin accused Mr Columcille for copying his bible without permission. The King Diarmund then noted: “to every cow […]

26 Jan

IP 1.2 COPYRIGHT-ELIGIBLE WORKS

ELIGIBLE WORK(S) Meaning works that are worthy of protection. Section 1 (1) of the Nigerian Copyright Act 1988 provides that works irrespective of their quality include: a. Literary. b. Musical. c. Artistic work. d. Cinematograph. e. Sound recording. f. Broadcast. The use of the word “include” in Section 51 of the Act and the phrase; […]

03 Jan

IP 1.1. GENERAL INTRODUCTION

GENERAL INTRODUCTION Intellectual property law is the body of laws which protect the outcome of intellectual activity. May be industrial, scientific, artistic, literary, and so on. The world thrives on ideas and works of creative individuals. The law of intellectual property protects: Copyright Trademarks: Identify the source of a particular good. The link between the […]

03 Jan

COPYRIGHT 1.3 ACQUISITION OF COPYRIGHT

COPYRIGHT OWNERSHIP. Section 2, 3, 4 and 5 of the act Conferment of copyright. Copyright is not automatic per se in Nigeria. The previous discussions have enlisted eligibility for copyright. As such, a work may be eligible for copyright protection but may not have been conferred with copyright. Form the provisions of the Section 2,3,4 […]

03 Jan

IP 1.4 TRANSFER OF COPYRIGHT

TRANSFER. Section 11 OF THE COPYRIGHT ACT. Section 11(1) provides that copyright can be transmissible by: Assignment Testamentary disposition Operation of the law as moveable property. Please note that: Transfer is different from sale of the material in which the work is fixed. Cooper V. Stephens: Where the defendants claimed that the sale of the […]

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 […]

03 Jan

IP 1.6 COPYRIGHT-MORAL RIGHT

MORAL RIGHT. Droit moral. Right to claim authorship. Owned by the author for being the author. Collectively called right of paternity and integrity. Initially, an author was not accorded protection once his ownership rights have been transferred to another. When the Berne Convention was revised, Article 6 Bis provided that at least, during the author’s […]

03 Jan

IP 1.7 COPYRIGHT-PERFORMERS RIGHT

PERFORMER’S RIGHT. Also referred to as neighbouring rights. Initially, performers were not accorded protection because their works had not been fixed in a definite medium. Bootlegging was the order of the day. Bootlegging is the secretive act of recording a live performance. However Part II (Section 26) of the 1988 Act accords protection to performers. […]