COPYRIGHT ACT

COPYRIGHT ACT

ARRANGEMENT OF SECTIONS PART I

Copyright

SECTION

1. Works eligible for copyright.

2. Copyright by virtue of nationality or domicile.

3. Copyright by reference to country of origin.

4. Copyright in works of Government, State authorities and
International bodies.

5. Copyright by reference to international agreements.

6. General nature of copyright.

7. Nature of copyright in sound recording.

8. Nature of copyright in broadcast.

9. Broadcasting of works incorporated in cinematograph film.

10. First ownership of copyright.

11. Assignment and Licence.

12. Right to claim authorship.

13. Right to share in proceeds of sale.

14. Duty of printer, etc., to keep register.

15. Infringement of copyright.

16. Action for infringement.

17. Limitation to the right of action.

18. Conversion rights.

19. Infringement actionable as breach of statutory duty.

20. Criminal Liability.

21. Anti-piracy measures.

 

22. Offence by bodies corporate.

23. Penalties for making false entries.

24. Civil and Criminal actions may be simultaneous.

25. Order for inspection and seizure.

PART II

Neighbouring Rights

26. Performer’s right.

27. Duration of performer’s right.

28. Infringement of performer’s right.

29. Infringement of a performer’s right actionable.

30. Criminal Liability in respect of infringement of performer’s right.

31. Protection of expressions of folklore.

32. Infringement of folklore.

33. Criminal Liability in respect of infringement of folklore

PART III

Administration of copyright

34. Establishment of the Nigerian Copyright Commission.

35. Establishment, Membership and Functions of the Governing Board.

36. Appointment of the Director-General and other staff of the
Commission.

37. Copyright Licensing Panel.

38. Copyright Inspectors.

39. Collecting Society.

40. Levy on copyright material.

PART IV

Miscellaneous

41. Reciprocal extension of protection.

42. Admission of affidavit evidence.

 

43. Presumptions.

44. Restriction of importation of printed copies.

45. Regulations.

46. Jurisdiction.

47. Limitation of suit against the Commission, etc.

48. Service of documents.

49. Restriction on execution against the property of the Commission.

50. Power of the Minister to give directives.

51. Interpretation.

52. Repeals and Transitional, etc., Provisions.

53. Short title.

SCHEDULES FIRST SCHEDULE

Terms of Copyright SECOND SCHEDULE

Exceptions from Copyright Control THIRD SCHEDULE

Special exceptions in respect of a sound recording of a musical work
FOURTH SCHEDULE

Compulsory Licences for translation and reproduction of certain works
FIFTH SCHEDULE

Transitional and Savings Provisions

 

COPYRIGHT

ACT

An Act to make provisions for the definition, protection, transfer,
infringement of and remedy and penalty thereof of the copyright in
literary works, musical works, artistic works, cinematograph films,
sound recordings, broadcast and other ancillary matters.

 

[1988 No.47.]

[19th December,

1988]

[Commencement.] PART I

Copyright

1. Works eligible for copyright

 

(1) Subject to this section, the following shall be eligible for
copyright-

(a) literary works;

(b) musical works;

(c) artistic works;

(d) cinematograph films;

(e) sound recordings; and

(f) broadcasts.

(2) A literary, musical or artistic work shall not be eligible for
copyright unless-

(a) sufficient effort has been expended on making the work to give it
an original character;

(b) the work has been fixed in any definite medium of expression now
known or later to be developed, from which it can be perceived,
reproduced or otherwise communicated either directly or with the aid of
any machine or device.

(3) An artistic work shall not be eligible for copyright, if at the
time when the work is made, it is intended by the author to be used as
a model or pattern to be multiplied by any industrial process.

(4) A work shall not be ineligible for copyright by reason only that
the making of the work or the doing of any act in relation to the work
involved an infringement of copyright in some other work.

2. Copyright by virtue of nationality or domicile

 

(1) Copyright shall be conferred by this section on every work eligible
for copyright of which the author or, in the case of a work of joint
authorship, any of the authors is at the time when the work is made, a
qualified person, that is to say-

(i) an individual who is a citizen of, or is domiciled in Nigeria; or

(ii) a body corporate incorporated by or under the laws of Nigeria.

(2) The term of copyright conferred by this section shall be calculated
according to the table set out in the First Schedule to this Act.

[First Schedule.]

(3) In the case of anonymous or pseudonymous literary, musical or
artistic works, the copyright therein shall subsist until the end of
the expiration of seventy years from the end of the year in which the
work was first published:

 

Provided that, when the author becomes known, the term of copyright
shall be calculated in accordance with paragraph 1 of the First
Schedule to this Act.

(4) In the case of a work of joint authorship, a reference in the First
Schedule to this Act to the death of the author shall be taken to refer
to the author who dies last, whether or not he is a qualified person
within subsection (1) of this section.

3. Copyright by reference to country of origin

 

(1) Copyright shall be conferred by this section on every work, other
than a broadcast, which is eligible for copyright and which-

(a) being a literary, musical or artistic work or a cinematograph film,
is first published in Nigeria; or

(b) being a sound recording, is made in Nigeria,

and which has not been the subject of copyright conferred by section 2
of this Act.

(2) Copyright conferred on a work by this section shall have the same
duration as is provided by section 2 of this Act in relation to the
same type of work.

4. in works of Government, State authorities and International bodies

 

(1) Copyright shall be conferred by this section on every work which is
eligible for copyright and is made by or under the direction or control
of the Government, a State authority or a prescribed International
body.

(2) The term of copyright conferred by this section shall be calculated
in accordance with the table set out in the First Schedule to this Act.

[First Schedule.]

5. Copyright by reference to international agreements

 

(1) Copyright shall be conferred by this section on every work if-

(a) on the date of its first publication at least one of the authors
is-

(i) a citizen of or domiciled in; or

(ii) a body corporate established by or under the laws of,

a country that is a party to an obligation in a treaty or other
international agreement to which

Nigeria is a party;

(b) the work is first published-

(i) in a country which is a party to an obligation in a treaty or other
international agreement to which Nigeria is party;

(ii) by the United Nations or any of its specialised agencies; or

(iii) by the Organisation of African Unity; or

(iv) by the Economic Community of West African States.

[1999 No. 42.]

 

(2) Where the question arises as to whether a country is a party to an
obligation in a treaty or other international agreement to which
Nigeria is also a party, a certificate from the Commission to that
effect shall be conclusive proof of that fact.

6. General nature of copyright

 

(1) Subject to the exceptions specified in the Second Schedule to this
Act, copyright in a work shall be the exclusive right to control the
doing in Nigeria of any of the following acts, that is-

[Second Schedule.]

(a) in the case of a literary or musical work, to do and authorise the
doing of any of the following acts-

(i) reproduce the work in any material form;

(ii) publish the work;

(iii) perform the work in public;

(iv) produce, reproduce, perform or publish any translation of the
work;

(v) make any cinematograph film or a record in respect of the work;

(vi) distribute to the public, for commercial purposes, copies of the
work, by way of rental, lease, hire, loan or similar arrangement;

(vii) broadcast or communicate the work to the public by a loudspeaker
or any other similar device;

(viii) make any adaptation of the work;

(ix) do in relation to a translation or an adaptation of the work, any
of the acts specified in relation to the work in sub-paragraphs (i) to
(vii) of this paragraph;

(b) in the case of an artistic work, to do or authorise the doing of
any of the following acts, that is-

(i) reproduce the work in any material form;

(ii) publish the work;

(iii) include the work in any cinematograph film;

(iv) make any adaptation of the work;

(v) do, in relation to an adaptation of the work, any of the acts
specified in relation to the work in sub- paragraphs (i) to (iii) of
this paragraph;

(c) in the case of cinematograph film, to do or authorise the doing of
any of the following acts, that is-

(i) make a copy of the film;

(ii) cause the film, in so far as it consists of visual images, to be
seen in public and, in so far as it consists of sounds, to be heard in
public;

(iii) make any record embodying the recording in any part of the
soundtrack associated with the film by utilising such soundtrack;

(iv) distribute to the public, for commercial purposes, copies of the
work, by way of rental, lease, hire, loan or similar arrangement.

 

(2) The doing of any of the acts referred to in subsection (1) of this
section shall be in respect of the whole or a substantial part of the
work either in its original form or in any form recognisably derived
from the original.

(3) Copyright in a work of architecture shall also include the
exclusive right to control the erection of any building which
reproduces the whole or a substantial part of the work either in its
original form or any form recognisably derived from the original, but
not the right to control the reconstruction in the same style as the
original of a building to which the copyright relates.

(4) The provisions of the Third Schedule to this Act shall apply to
musical works.

[1992 No. 98. Third Schedule.]

7. Nature of copyright in sound recording

 

(1) Copyright in a sound recording shall be the exclusive right to
control in Nigeria-

(a) the direct or indirect reproduction, broadcasting or communication
to the public of the whole or a substantial part of the recording
either in its original form or in any form recognisably derived from
the original;

(b) the distribution to the public, for commercial purposes, of copies
of the work by way of rental, lease, hire, loan or similar arrangement.

(2) The exceptions specified in paragraphs (a), (h), (k), (I) and (p)
of the Second Schedule to this Act shall apply to the copyright in
sound recording in like manner as they apply to copyright in literary,
musical or artistic work or a cinematograph film.

8. Nature of copyright in broadcast

 

(1) Subject to this section, copyright in a broadcast shall be the
exclusive right to control the doing in Nigeria of any of the following
acts, that is-

(a) the recording and the re-broadcasting of the whole or a substantial
part of the broadcast;

(b) the communication to the public of the whole or a substantial part
of a television broadcast, either in its original form or in any form
recognisably derived from the original; and

(c) the distribution to the public, for commercial purposes, of copies
of the work, by way of rental, lease, hire, loan or similar
arrangement.

(2) The copyright in a television broadcast shall include the right to
control the taking of still photographs from the broadcast.

(3) The exceptions specified in paragraphs (a), (h), (k), (n) and (o)
of the Second Schedule to this Act shall apply to the copyright in a
broadcast, in like manner as they apply to copyright in literary,
musical or artistic work or a cinematograph film.

[1992 No. 98. Second Schedule.]

9. Broadcasting of works incorporated in cinematograph film

 

(1) Where the owner of the copyright in any literary, musical or
artistic work authorises a person to incorporate the work in a
cinematograph film and a broadcasting authority broadcasts the film,
the owner of the copyright shall, in the absence of any express
agreement to the contrary between the owner and that person, be deemed
to have authorised the broadcast.

(2) Notwithstanding subsection (1) of this section, where a
broadcasting authority broadcasts a cinematograph film in which a
musical work is incorporated, the owner of the right to broadcast the
musical work shall, subject to this Act, be entitled to receive fair
compensation from the broadcasting authority.

 

(3) In the absence of an agreement on or relating to the compensation
payable under subsection (2) of this section, the amount of
compensation shall be determined by the court.

10. First ownership of copyright

 

(1) Copyright conferred by sections 2 and 3 of this Act, shall vest
initially in the author. (2) Notwithstanding subsection (6) of section
11 of this Act where a work-

(a) is commissioned by a person who is not the author’s employer under
a contract of service or apprenticeship; or

(b) not having been so commissioned, is made in the course of the
author’s employment,

the copyright shall belong in the first instance to the author, unless
otherwise stipulated in writing

under the contract.

(3) Where a literary, artistic or musical work is made by the author in
the course of his employment by the proprietor of a newspaper, magazine
or similar periodical under a contract of service or apprenticeship as
is so made for the purpose of publication in a newspaper, magazine or
similar periodical, the said proprietor shall, in the absence of any
agreement to the contrary, be the first owner of copyright in the work
in so far as the copyright relates to the publication of the work in
any newspaper, magazine or similar periodical; or to the reproduction
of the work for the purpose of its being so published; but in all other
respects, the author shall be the first owner of the copyright in the
work.

(4) In the case of a cinematograph film or sound recording the author
shall be obliged to conclude, prior to the making of the work,
contracts in writing with all those whose works are to be used in the
making of the work.

(5) Copyright conferred by section 4 of this Act shall vest initially
in the Government on behalf of the Federal Republic of Nigeria, in the
State authority on behalf of the State in question, or in the
international body in question, as the case may be, and not in the
author.

11. Assignment and Licence

 

(1) Subject to the provisions of this section, copyright shall be
transmissible by assignment, by testamentary disposition or by
operation of law, as movable property.

(2) An assignment or testamentary disposition of copyright may be
limited so as to apply to only some of the acts which the owner of the
copyright has the exclusive right to control, or to a part only of the
period of the copyright, or to a specified country or other
geographical area.

[1999 No. 42.]

(3) No assignment of copyright and no exclusive licence to do an act,
the doing of which is controlled by copyright, shall have effect unless
it is in writing.

(4) A non-exclusive licence to do an act, the doing of which is
controlled by copyright, may be written or oral, or may be inferred
from conduct.

(5) An assignment or licence granted by one copyright owner shall have
effect as if granted by his co-owner also, and, subject to any contract
between them, fees received by the grantors shall be divided equitably
between all the co-owners.

(6) For the purposes of this subsection, persons shall be deemed to be
co-owners-

(a) if they share a joint interest in the whole or any part of a
copyright; or

(b) if they have interest in the various copyrights in a composite
production, that is to say, a production consisting of two or more
works.

 

(7) An assignment, licence or testamentary disposition may be
effectively granted or made in respect of a future work or an existing
work in which copyright does not yet subsist; and the prospective
copyright in any such work shall be transmissible by operation of law
as movable property.

(8) A testamentary disposition of material on which a work is first
written or otherwise recorded shall, in the absence of any contrary
indication, be presumed to include any copyright or prospective
copyright in the work which is vested in the deceased.

12. Right to claim authorship

 

The author of a work in which copyright subsists has the right-

[1992 No. 98. 1999 No. 42.]

(a) to claim authorship of his work, in particular that his authorship
be indicated in connection with any of the acts referred to in section
6 of this Act except when the work is included incidentally or
accidentally when reporting current events by means of broadcasting;

(b) to object and to seek relief in connection with any distortion,
mutilation or other modification of and any other derogatory action in
relation to his work, where such action would be or is prejudicial to
his honour or reputation.

(2) The rights referred to in subsection (1) of this section, are
perpetual, inalienable and imprescriptible.

(3) For the purpose of this section, “author” includes
his heirs and successors in title.

13. Right to share in proceeds of sale

 

(1) Notwithstanding any assignment or sale of the original work, the
authors of graphic works, three- dimensional works and manuscripts
shall have an inalienable right to a share in the proceeds of any sale
of that work or manuscript by public auction or through a dealer
whatever the method used by the latter to carry out the operation.

(2) The right conferred by this section shall apply to originals of
such work.

(3) The conditions for the exercise of the right conferred by this
section shall be determined by regulations to be made by the Nigerian
Copyright Commission established under section 34 of this Act.

[1992 No. 98. 1999 No. 42.]

(4) The foregoing provisions of this section, shall not apply to
architectural works or applied art.

(5) In this section, “author” includes heirs and successors in title.

14. Duty of printer, etc., to keep register

 

Publishers, printers, producers or manufacturers of works in which
copyright subsists shall keep a register of all works produced by them
showing the following, that is-

(a) the name of the author;

(b) the title;

(c) year of production; and

(d) the quantity of the work produced.

15. Infringement of copyright

 

(1) Copyright is infringed by any person who without the licence or
authorisation of the owner of the copyright-

 

(a) does, or causes any other person to do an act, the doing of which
is controlled by copyright;

(b) imports or causes to be imported into Nigeria any copy of a work
which, if it had been made in Nigeria, would be an infringing copy
under this section of this Act;

[1992 No. 98.]

(c) exhibits in public any article in respect of which copyright is
infringed under paragraph (a) of this subsection;

(d) distributes by way of trade, offers for sale, hire or otherwise or
for any purpose prejudicial to the owner of the copyright, any article
in respect of which copyright is infringed under paragraph

(a) of this subsection;

(e) makes or has in his possession plates, master tapes, machines,
equipment or contrivances used for the purpose of making infringed
copies of the work;

(f) permits a place of public entertainment or of business to be used
for a performance in the public of the work, where the performance
constitutes an infringement of the copyright in the work, unless the
person permitting the place to be so used was not aware, and had no
reasonable ground for suspecting that the performance would be an
infringement of the copyright;

(g) performs or causes to be performed, for the purposes of trade or
business or as supporting facility to a trade or business, any work in
which copyright subsists.

(2) Notwithstanding subsection (1) of this section, or any other
provision of this Act, where any work in which copyright subsists, or a
reproduction of any such works, is comprised in-

(a) the archives stored in the National Archives established under the
National Archives Act; or

[Cap. N6.]

(b) the public records of a State, being records for the storage or
custody of which provision is made by

law,

the copyright in the work is not infringed by the making or the
supplying to any person of any reproduction of the work in pursuance of
that Act or law.

16. Action for infringement

 

(1) Subject to this Act, infringement of copyright shall be actionable
at the suit of the owner, assignee or an exclusive licensee of the
copyright, as the case may be, in the Federal High Court exercising
jurisdiction in the place where the infringement occurred; and in any
action for such an infringement, all such relief by way of damages,
injunction, accounts or otherwise shall be available to the plaintiff
as is available in any corresponding proceedings in respect of
infringement of other proprietary rights.

(2) Where an action for infringement of copyright brought by the
copyright owner or an exclusive licensee relates to an infringement in
respect of which they have concurrent rights of action, the copyright
owner or the exclusive licensee may not, without the leave of court,
proceed with the action unless the other is either joined as a
plaintiff or added as a defendant.

(3) Where, in an action for infringement of copyright, it is proved or
admitted that an infringement was committed but that at the time of the
infringement the defendant was not aware and had no reasonable grounds
for suspecting that copyright subsisted in the work to which the action
relates, the plaintiff shall not be entitled under this section to any
damages against the defendant in respect of the infringement, but shall
be entitled to an account of profits in respect of the infringement,
whether or not any other relief is granted under this section.

(4) Where, in an action under this section, an infringement of
copyright is proved or admitted, and the court in which the action is
brought, having regard (apart from all other material considerations)
to-

(a) the flagrancy of the infringement; and

 

(b) any benefit shown to have accrued to the defendant by reason of the
infringement,

is satisfied that effective relief would not otherwise be available to
the plaintiff, the court, in assessing damages for the infringement,
shall have power to award such additional damages by virtue of this
subsection as the court may consider appropriate in the circumstances.

(5) No injunction shall be issued in proceedings for infringement of
copyright which requires a completed or partly completed building to be
demolished or prevents the completion of a partly completed building.

(6) In this section, “action” includes a counterclaim, and references
to the plaintiff and to the defendant in an action shall be construed
accordingly.

17. Limitation to the right of action

 

Notwithstanding the provisions of this Act or any other law, no action
for the infringement of copyright or any right under this Act shall be
commenced or maintained by any person-

(a) carrying on the business of negotiating and granting of licences;

(b) collecting and distributing royalties in respect of copyright works
or representing more than fifty owners of copyright in any category of
works protected by this Act,

unless it is approved under section 39 of this Act to operate as a
collecting society or is otherwise issued with a certificate of
exemption by the Commission.

[1999 No. 42.]

18. Conversion rights

 

All infringing copies of any work in which copyright subsists, or of
any substantial part thereof, and all plates, master tapes, machines,
equipment or contrivances used, or intended to be used for the
production of such infringing copies, shall be deemed to be the
property of the owner, assignee or exclusive licensee, as the case may
be, of the copyright, who accordingly may take proceedings for the
recovery of the possession thereof or in respect of the conversion
thereof.

19. Infringement actionable as breach of statutory duty

 

(1) An infringement of the rights conferred by sections 10 and 12 of
this Act is actionable as a breach of statutory duty owed to the person
entitled to the right.

[1992 No.98.]

(2) In proceedings for infringement of the rights conferred by the said
sections 10 and 12 of this Act, the person whose rights have been
infringed shall be entitled to an award of damages, injunction and any
other remedies as the court may deem fit to award in the circumstances.

20. Criminal Liability

 

(1) Any person who-

(a) makes or causes to be made for sale, hire, or for the purposes of
trade or business any infringing copy of a work in which copyright
subsists; or

(b) imports or causes to be imported into Nigeria a copy of any work
which if it had been made in Nigeria would be an infringing copy; or

[1992 No. 98. 1999 No.42.]

(c) makes, causes to be made, or has in his possession, any plate,
master tape, machine,

 

equipment or contrivance for the purposes of making any infringing copy
of any such work,

is, unless he proves to the satisfaction of the court that he did not
know and had no reason to believe that any such copy was an infringing
copy of any such work, or that such plate, master tape, machine,
equipment or contrivance was not for the purpose of making infringing
copies of any such work, guilty of an offence under this Act and liable
on conviction to a fine of an amount not exceeding

N

1,000 for every copy dealt with in contravention of this section or to
a term of imprisonment not exceeding five years, or to both such fine
and imprisonment.

[1992 No.98. 1999 No. 42.]

(2) Any person who-

(a) sells or lets for hire or for the purposes of trade or business,
exposes or offers for sale or hires any infringing copy of any work in
which copyright subsists; or

[1992 No.98.]

(b) distributes for the purposes of trade or business any infringing
copy of any such work; or

(c) has in his possession, other than for his private or domestic use,
any infringing copy of any such

work; or

(d) has in his possession, sells, lets for hire or distribution for the
purposes of trade or business, or exposes or offers for sale or hire
any copy of a work which, if it had been made in Nigeria, would be an
infringing copy,

[1992 No.98.]

is, unless he proves to the satisfaction of the court that he did not
know and had no reason to believe that any such copy was an infringing
copy of any such work, guilty of an offence under this Act and liable
on conviction to a fine ofN100 for every copy dealt with in
contravention of this section, or to a term of imprisonment not
exceeding two years or, in the case of an individual, to both such fine
and imprisonment.

(3) Any person who, without the consent of the owner, distributes, in
public for commercial purposes, copies of a work in which copyright
subsists by virtue of sections 6 (1) (a) (vi), 6 (1) (c) (iv), 7 (1)
(b) or 8 (1) (c) of this Act, by way of rental, lease, hire, loan or
similar arrangement, is guilty of an offence under this Act, and liable
upon conviction to a fine ofN100 for every copy dealt with or
imprisonment for six months or to both such fine and imprisonment.

[1992 No.98.]

(4) The court before which any proceedings are taken for any offence
under subsections (1), (2) and (3) of this section, whether the alleged
offender is convicted or not, may order all copies of the works, plates
master tapes, machines, equipment and contrivances in the possession of
the alleged offender, which appear to be infringing copies of the
works, to be destroyed or delivered up to the owner of the copyright or
otherwise dealt with as the court may think fit.

(5) Where an article has been seized by a police officer or an
authorised officer in connection with a suspected offence under this
Act, a court may on the application of the Attorney-General of the
Federation or owner of the copyright in connection with which such
offence is suspected to have been committed, order that the article be
destroyed or delivered up to the owner of the copyright or otherwise
dealt with as the court may think fit, notwithstanding that no person
has been charged with the suspected offence.

21. Anti-piracy measures

 

(1) The Commission shall have power, with the consent of the Minister,
to prescribe any design, label, mark, impression or any other
anti-piracy device for use on, in or in connection with any work in
which copyright subsists.

[1999 No.42.]

(2) Any person who-

 

(a) sells, rents, hires; or

(b) offers for sale, rent or hire,

any work in contravention of the prescription made pursuant to
subsection (1) of this section, commits an offence and is liable on
conviction to a fine not exceeding

N

100,000or imprisonment for a term not exceeding 12 months or to both
such fine and imprisonment.

[1999 No.42.]

(3) Any person who without the permission of the Commission-

(a) imports into Nigeria; or

(b) has in his possession,

any anti-piracy device prescribed under this section or any machine,
instrument or other contrivance intended for use in the production of
the anti-piracy device, is guilty of an offence and is liable on
conviction to a fine not exceeding

N

500,000 or imprisonment for a term not exceeding five years, or to both
such fine and imprisonment.

[1999 No.42.]

(4) A person who without the permission of the Commission-

(a) is in possession of; or

(b) reproduces; or

(c) counterfeits,

any anti-piracy device prescribed under this section, is guilty of an
offence and is liable on conviction to a fine not exceeding

N

50,000 or imprisonment to a term not exceeding five years, or to both
such fine and imprisonment.

[1999 No. 42.]

(5) The Commission shall have power, with the consent of the Minister,
to make regulations specifying the conditions necessary to give effect
to the purpose of this section.

[1999 No. 42.]

22. Offence by bodies corporate

 

(1) Where an offence under this Act has been committed by a body
corporate, the body corporate and every person who at the time the
offence was committed was in charge of, or was responsible to the body
corporate for the conduct of the business of the body corporate shall
be deemed to be guilty of such offence and liable to be proceeded
against and punished accordingly:

Provided that, nothing contained in this subsection shall render any
person liable to any punishment, if he proves that the offence was
committed without his knowledge or that he exercised all due diligence
to prevent the commission of such offence.

(2) Notwithstanding anything contained in subsection (1) of this
section, where an offence under this Act has been committed by a body
corporate and it is proved that the offence was committed with the
consent or connivance of any director, manager, secretary or other
officer of the body corporate, such director, manager, secretary or
other officer shall also be deemed to be guilty of that offence and
shall be liable to be proceeded against and punished accordingly.

(3) For the purposes of this section-

“body corporate
” includes a firm or other association of persons; and

 

“director
” in relation to a firm includes a partner in the firm.

23. Penalties for making false entries

 

Any person who-

(a) fails to keep a register required under section 14 of this Act; or

(b) makes or causes to be made a false entry in such register; or

(c) produces or tenders, or causes to be produced or tendered as
evidence any such entry or writing, knowing the same to be false,

is guilty of an offence under this section and liable on conviction to
a fine not exceeding

N

10,000.

24. Civil and Criminal actions may be simultaneous

 

Notwithstanding the provisions of any law to the contrary, it shall be
permissible for both criminal and civil actions to be taken
simultaneously in respect of the same infringement under this Act.

25. Order for inspection and seizure

 

(1) In any action for infringement of any right under this Act, where
an ex parte application is made to the court supported by affidavit,
that there is reasonable cause for suspecting that there is in any
house or premises any infringing copy or any plate, film or contrivance
used or intended to be used for making infringing copies or capable of
being used for the purposes of making copies or any other article, book
or document by means of or in relation to which any infringement under
this Act has been committed, the court may issue an order upon such
terms as it deems just, authorising the applicant to enter the house or
premises at any reasonable time by day or night accompanied by a police
officer not below the rank of an Assistant Superintendent of Police,
and-

(a) seize, detain and preserve any such infringing copy or contrivance;
and

(b) inspect all or any documents in the custody or under the control of
the defendant relating to the

action.

(2) Any person who knowingly gives false information under this section
of this Act, is guilty of an offence and liable on conviction to a fine
of

N

1,000.

PART II

Neighbouring Rights

(1) A performer shall have the exclusive right to control, in relation
to his performance, the following acts-

(a) performing;

(b) recording;

(c) broadcasting live;

(d) reproducing in any material form; and

(e) adaptation of the performance.

(2) In this section, “performance” includes-

 

(a) a dramatic performance (which includes dance and mime);

(b) a musical performance; and

(c) a reading or recitation of literary act or any similar presentation
which is or so far as it is, a live performance given by one or more
individuals.

27. Duration of performer’s right

 

The right conferred by section 26 of this Act shall subsist in relation
to the performance until the end of the period of fifty years from the
end of the year in which the performance first took place.

28. Infringement of performer’s right

 

A performer’s right is infringed by a person who, without the
performer’s consent or authorisation in writing, does any of the
following, that is-

1. makes a recording of the whole or substantial part of a live
performance:

Provided that, where the consent sought is to make a recording of the
work for research, private or domestic use, such consent shall not be
unreasonably refused;

(b) broadcasts live, or includes live in a cable programme, the whole
or a substantial part of the live performance;

(c) performs in public the whole or a substantial part of the
performance;

(d) shows or plays in public the whole or a substantial part of the
performance for commercial purposes;

(e) broadcasts, or includes in a cable programme, a substantial part of
the performance by means of recording which is, and which that person
knows or has reason to believe was made, without the performer’s
consent;

(f) imports into the country otherwise than for his private or domestic
use, a recording of a performer’s work which is an infringing
recording; or

(g) in the course of trade or business, sells or lets for hire, offers,
distributes or displays for sale or hire, a recording of a performer’s
work which is an infringing recording.

29. Infringement of a performer’s right actionable

 

(1) An infringement of a right protected under section 26 of this Act
shall be actionable by the person entitled to the right as a breach of
statutory duty and the performer shall be entitled to damages,
injunction, account for profit or conversion.

(2) Where a person has in his possession, custody or control, in the
course of trade or business or otherwise than for a private or domestic
use, an unauthorised recording of a performance, a person having the
performer’s right or recording rights in relation to the performance
under this section shall be entitled to an order of the court that the
recording be forfeited and delivered up to him.

30. Criminal Liability in respect of infringement of performer’s right

 

(1) Notwithstanding the provisions of section 28 of this Act, a person
who does any of the acts set out in the said section 28 shall, unless
he proves to the satisfaction of the court that he did not know that
his conduct was an infringement of the performer’s right, be liable on
conviction-

(a) in the case of an individual, to a fine not exceeding

N

10,000;

(b) in the case of a body corporate, to a fine of


N


50,000;

 

(c) in all other cases, to a fine of N100 for each copy dealt with in
contravention or to imprisonment for twelve months or to both such fine
and imprisonment.

(2) A court before which an offence under this section is tried shall
order that the recording or any other part thereof be delivered to the
performer.

31. Protection of expressions of folklore

 

(1) Expressions of folklore are protected against-

(a) reproduction;

(b) communication to the public by performance, broadcasting,
distribution by cable or other means;

(c) adaptations, translations and other transformations,

when such expressions are made either for commercial purposes or
outside their traditional or customary context.

(2) The right conferred in subsection (1) of this section shall not
include the right to control-

(a) the doing of any of the acts by way of fair dealing for private and
domestic use, subject to the condition that, if the use is public, it
shall be accompanied by an

acknowledgement of the title of the work and its source;

(b) the utilisation for purposes of education;

(c) utilisation by way of illustration in an original work of an
author: Provided that, the extent of such utilisation is compatible
with fair practice;

(d) the borrowing of expressions of folklore for creating an original
work of an author: Provided that, the extent of such utilisation is
compatible with fair practice;

(e) the incidental utilisation of expressions of folklore.

(3) In all printed publications and in connection with any
communications to the public, of any identifiable expression of
folklore, its source shall be indicated in an appropriable manner, and
in conformity with fair practice, by mentioning the community or place
from where the expression utilised has been derived.

(4) The right to authorise acts referred to in subsection (1) of this
section shall vest in the Nigerian Copyright Commission.

(5) For the purpose of this section, “folklore” means
a group-oriented and tradition-based creation of groups or individuals
reflecting the expectation of the community as an adequate expression
of its cultural and social identity, its standards and values as
transmitted orally, by imitation or by other means including-

(a) folklore, folk poetry, and folk riddles;

(b) folk songs and instrumental folk music;

(c) folk dances and folk plays;

(d) productions of folk arts in particular, drawings, paintings,
carvings, sculptures, pottery, terracotta, mosaic, woodwork, metalware,
jewelry, handicrafts, costumes, and indigenous textiles.

32. Infringement of folklore

 

Any person who, without the consent of the Nigerian Copyright
Commission, uses an expression of folklore in a manner not permitted by
section 31 of this Act, shall be in breach of statutory duty and be
liable to the Commission in damages, injunctions and any other remedies
as the court may deem fit to award in the circumstances.

33. Criminal Liability in respect of infringement of folklore

 

(1) A person who-

(a) does any of the acts set out in section 31 of this Act without the
consent or authorisation of the Commission; or

(b) does not comply with the requirement in subsection (4) of section
31 of this Act; or

(c) wilfully misrepresents the source of an expression of folklore; or

(d) wilfully distorts an expression of folklore in a manner prejudicial
to the honour, dignity or cultural interests of the community in which
it originates;

(e) is guilty of an offence under this Act.

[1999 No. 42.]

(2) A person convicted of an offence under subsection (1) of this
section is liable on conviction-

(a) in the case of an individual, to a fine not exceeding

N

100,000 or to imprisonment for a term of 12 months or to both such fine
and imprisonment; and

(b) in the case of a body corporate, to a fine of

N

500,000

[1999 No.42.]

(3) A court before which an offence under this section is tried may
order that the infringing or offending article be delivered to the
Commission.

[1999 No.42.] PART III

Administration of Copyright

34. Establishment of the Nigerian Copyright Commission

 

(1) There is hereby established a body to be known as the Nigerian
Copyright Commission (in this Act referred to as “the Commission”).

[1999 No.42.]

(2) The Commission shall be a body corporate with perpetual succession
and a common seal and may sue and be sued in its corporate name.

(3) The Commission shall-

(a) be responsible for all matters affecting copyright in Nigeria as
provided for in this Act;

(b) monitor and supervise Nigeria’s position in relation to
international conventions and advise Government thereon;

 

(c) advise and regulate conditions for the conclusion of bilateral and
multilateral agreements between Nigeria and any other country;

(d) enlighten and inform the public on matters relating to copyright;

(e) maintain an effective data bank on authors and their works;

(f) be responsible for such other matters as relate to copyright in
Nigeria as the Minister may, from time to time, direct.

35. Establishment, Membership and Functions of the Governing Board

 

(1) The Commission shall have a Governing Board (in this Act referred
to as “the Board”) which shall consists of the following members-

(a) a Chairman to be a person knowledgeable in copyright matters, to be
appointed by the President on the recommendation of the Minister;

(b) the Director-General of the Commission;

(c) one representative of the Federal Ministry Justice;

(d) one representative of the Federal Ministry of Education;

(e) a representative of the Nigeria Police Force, not below the rank of
a Commissioner of

Police;

(f) one representative of the Nigerian Customs Service, not below the
rank of a Comptroller of Customs;

(g) six other persons to be appointed by the Minister who shall
represent as far as possible the authors in the following areas-

(i) literary works;

(ii) artistic works;

(iii) musical works;

(iv) cinematograph films;

(v) sound recordings; and

(vi) broadcasts.

[1999 No.42.]

(2) The representative of the Ministries shall be officers not below
the rank of a Director.

(3) The Board shall adopt rules governing its procedure and method of
operation.

36. Appointment of the Director-General and other staff of the
Commission

 

(1) There shall be for the Commission, a Director-General who shall be
the Chief Executive and shall be appointed by the President on the
recommendation of the Minister.

[1999 No.42.]

 

(2) The Director-General shall be responsible for the day-to-day
administration of the Commission.

[1999 No.42.]

(3) Without prejudice to the generality of subsection (1) of this
section, the Commission shall have power-

(a) to appoint such other staff as it may determine;

(b) to pay its staff such remuneration and allowances as it may, from
time to time,

determine;

(c) as regards any staff in whose case it decides so to do, to pay to
or in respect of such staff such pensions and gratuities as are payable
to persons of equivalent grade in the public service of the Federation.

(4) It is hereby declared that service in the Commission shall be
approved service for the purposes of the Pensions Act, and accordingly,
officers and other persons employed in the Council shall be entitled to
pensions, gratuities and other retirement benefits as are prescribed
thereunder, so however that nothing in this section shall prevent the
appointment of a person to any office on terms which preclude the grant
of a pension and gratuity or any other retirement benefit in respect of
that office.

For the purpose of the application of the provisions of the Pensions
Act, any powers exercisable thereunder by a Minister or other authority
(not being a power to make regulations under section 23 thereof) are
hereby vested in and exercisable by the Commission.

37. Copyright Licensing Panel

 

(1) The Commission shall have the power to grant compulsory licences in
accordance with the provisions of this

Act.

[1992 No.98.]

(2) In exercise of its power under subsection (1) of this section, the
Commission shall in any case in which an application is made to it
constitute a Copyright Licensing Panel (in this section referred to as
“the Panel”).

(3) The Panel shall consist of five persons, at least three of whom
shall be members of the Governing Board of the Commission, and one of
whom shall be designated as the Chairman.

(4) A person shall not be appointed as a member of the Panel if he has
any interest in any matter which is required to be determined by the
Panel.

(5) The Commission may make regulations providing for the procedure of
the Panel under the Fourth Schedule to this Act and providing generally
for the execution of the functions of the Panel.

[Fourth Schedule.]

(6) Any person aggrieved by a decision of the Panel shall have a right
of appeal to the Federal High Court.

38. Copyright Inspectors

 

(1) The Commission may appoint copyright inspectors as it may deem fit.

[1994 No.42.]

(2) A copyright inspector shall for the purposes of this Act have power
to-

 

(a) enter, inspect and examine at any reasonable time any building or
premises which he reasonably suspects is being used for any activity
which is an infringement of copyright under this Act;

(b) arrest any person who he reasonably believes to have committed an
offence under this Act;

(c) make such examination and inquiry as may be necessary to ascertain
whether the provisions of this Act are complied with;

(d) require the production of the register required to be kept under
section 14 of this Act and to inspect, examine or copy it;

(e) require any person who he finds in such building or premises to
give such information as it is in his power to give in relation to any
purpose specified in this Act;

(f) carry out such examination, test or analysis within or outside the
premises as is required to give effect to any provision of this Act and
to make instant photographs where such examination, test, analysis or
photograph is carried out within the premises, and such examination,
test, analysis or photograph shall be required to be endorsed by the
occupier of the premises or his agent but a refusal by an occupier to
endorse any document containing the result of an examination, test,
analysis or photograph shall not invalidate the result or finding of
the examination, test, analysis or photograph; and

(g) exercise such other powers as the Commission may delegate to it to
give effect to the provisions of this Act.

(3) A Copyright Inspector may prosecute, conduct or defend before a
court any charge, information, complaint or other proceedings arising
under this Act.

(4) Any person who obstructs a copyright inspector in the performance
of his duties is guilty of an offence and liable on conviction to a
fine not exceeding

N

500 or to imprisonment for a term not exceeding three months or to both
such fine and imprisonment.

(5) A Copyright Inspector shall have all the powers, rights and
privileges of a police officer as defined under the Police Act and
under any other relevant enactment pertaining to the investigation,
prosecution of defence of a civil or criminal matter under this Act.

[1999 No.42.]

39. Collecting Society

 

(1) A Collecting Society (in this section referred to as “a society”) may be formed in respect of anyone or
more rights of copyrights owners for the benefit of such owners, and
the society may apply to the Commission for approval to operate as a
collecting society for the purpose of this Act.

[1992 No.98.]

(2) The Commission may approve a society if it is satisfied that-

(a) it is incorporated as a company limited by guarantee;

(b) its objects are to carry out the general duty of negotiating and
granting copyright licenses and collecting royalties on behalf of
copyright owners and distributing same to them;

(c) it represents a substantial number of owners of copyright in any
category of works protected by this Act; in this paragraph of this
subsection, “owners of copyright” includes owners of
performers’ rights;

(d) it complies with the terms and conditions prescribed by regulations
made by the Commission under this section.

(3) The Commission shall not approve another society in respect of any
class of copyright owners, if it is satisfied that an existing approved
society adequately protects the interest of that class of copyright
owners.

 

(4) It shall be unlawful for any group of persons to purport to perform
the duties of a society without the approval of the Commission as
required under this section of this Act.

(5) Any person who contravenes the provisions of subsection (4) of this
section, is guilty of an offence and liable on conviction to a fine of

N

1,000 on the first conviction and for any other subsequent conviction
to a fine of

N

2,000 or to imprisonment for a term not exceeding six months or to both
such fine and imprisonment.

(6) Where the contravention is by a body corporate, it shall be guilty
of an offence and liable on conviction to a fine of

N

10,000 on the first conviction and

N

2,000 for each day on which the offence continues.

(7) The Commission shall have power to make regulations specifying the
conditions necessary to give effect to the purposes of this section of
this Act.

(8) For the purposes of this section-

“collecting society
” means an association of copyright owners which has as its principal
objectives the negotiating and granting of licenses, collecting and
distributing of royalties in respect of copyright works;

“group of persons
” includes a body corporate.

(9) The Commission may, where it finds it expedient, assist in
establishing a collecting society for any class of copyright owners.

40. Levy on copyright material

 

(1) There shall be paid a levy on any material used or capable of being
used to infringe copyright in a work. [1992 No.98.]

(2) The levy payable under subsection (1) of this section shall be as
may be determined by the Minister, from time to time, by order
published in the Gazette and different levies may be imposed on
different categories of material.

(3) The levy shall be paid into the Fund of the Commission and the
Commission shall have power to disburse the funds amongst approved
societies in accordance with the regulations made by the Commission.

(4) The Minister shall have power to exempt any class of materials from
the repayment of any levy.

(5) In this section, “material” includes any object,
equipment, machine, contrivances or any other device used or capable of
being used to infringe copyright in a work.

PART IV

Miscellaneous

41. Reciprocal extension of protection

 

Where any country is a party to a treaty or other international
agreement to which Nigeria is also a party and the Minister is
satisfied that the country in question provides for protection of
copyright in works which are protected under this Act, the Minister may
by order in the Federal Gazette extend the application of this Act in
respect of any or all of the works referred to in subsection (1) of
section 1 of this Act to-

(a) individuals who are citizens of or domiciled in that country;

(b) bodies corporate established by or under the law of that country;

(c) works, other than sound recordings and broadcasts, first published
in that country; and

(d) broadcast and sound recordings made in that country.

 

42. Admission of affidavit evidence

 

(1) An affidavit made before a Commissioner for Oaths, Notary Public or
other person competent to administer an oath in terms of the law of the
country where the oath is made which-

(a) purports to have been made by or on behalf of the owner of the
copyright in a work; and

(b) states that-

(i) at the time specified therein, copyright subsists in the work;

(ii) the person named therein is the owner of the copyright in the
work;

(iii) a copy of the work exhibited to the affidavit is a true copy of
the work;

(iv) the author of the work is a citizen of or domiciled in a country
named in the affidavit;

(v) the author of the work is a body corporate established;

(vi) incorporated by or under the laws of the country named in the
affidavit;

(vii) the work was first made or published in the country named in the
affidavit; or

(viii) the certificate attached to the affidavit is a true copy of the
certificate or registration of that incorporation,

shall be admitted as evidence of the facts stated therein without
further proof in any proceedings under this Act.

(2) The court before which an affidavit is produced under subsection
(1) of this section shall presume, until the contrary is proved, that
the statements made therein are true.

43. Presumptions

 

In any action for an infringement of copyright in a work, the following
shall be presumed, in the absence of any evidence to the contrary-

(a) that copyright subsists in a work which is the subject matter of an
alleged infringement;

(b) that the plaintiff is the owner of copyright in the work;

(c) that the name appearing on a work purporting to be the name of the
author, is the name of such author;

(d) that the name appearing on a work purporting to be that of the
publisher or producer of a work is the name of such publisher or
producer;

(e) where the author is dead, that the work is an original work;

(f) that it was published or produced at the place and on the date
appearing on the work.

44. Restriction on importation of printed copies

 

(1) The owner of the copyright in any published literary, artistic or
musical work or sound recording may give notice in writing to the
Nigerian Customs Service-

(a) that he is the owner of the copyright in the work; and

 

(b) that he requests the Nigerian Customs Service during the period
specified in the notice, to treat as prohibited goods, copies of the
work to which this section applies:

Provided that, the period specified in a notice under this subsection
shall not exceed five years and shall not extend beyond the end of the
period for which the copyright is to subsist.

(2) This section applies, in the case of a work, to any printed copy
made outside Nigeria which, if it had been made in Nigeria, would be an
infringing copy of the work.

(3) Where a notice has been given under this section in respect of a
work and has not been withdrawn, the importation into Nigeria, at a
time before the end of the period specified in the notice, of any copy
of the work to which this section applies shall, subject to the
following provisions of this section, be prohibited:

Provided that, this subsection shall not apply to the importation of
any article by a person for his private and domestic use.

(4) Where a notice is given under subsection (1) of this section in
respect of any work, neither the Nigerian Customs Service nor any
member, officer, servant or agent of the Nigerian Customs Service shall
be liable to the owner of the work or to any other person for any act
or omission by the Nigerian Customs Service or its servants or agents
in relation to the notice:

Provided that, where the owner has suffered loss as a result of any
such act or omission and a fee has been paid or is payable to the
Nigerian Customs Service in respect of the notice, an amount equal to
the loss or to the amount of the fee for one year, whichever is less,
shall be repaid by the Nigerian Customs Service to the owner or, if the
fee has not been paid, shall be waived.

(5) The Minister of Internal Affairs may make regulations prescribing
the form in which notices are to be given under this section, and
requiring a person giving such a notice, either at the time of giving
the notice or at the time when the goods in question are imported, or
at both of those times, to furnish the Nigerian Customs Service with
such evidence, and to comply with such other conditions (if any), as
may be specified in the regulations; and any such regulations may
include such incidental and supplementary provisions as the Minister of
Internal Affairs considers expedient for the purposes of this section.

(6) Without prejudice to the generality of subsection (5) of this
section, regulations made under that subsection may include provision
for requiring a person who has given a notice purporting to be a notice
under this section to pay such fees in respect of the notice as may be
prescribed by the regulations.

(7) For the purposes of the Customs and Excise Management Act, any fees
paid in pursuance of any regulations made under this section shall be
treated as money collected on account of the Nigerian Customs Service.

[Cap. C45.]

(8) Notwithstanding anything in the Customs and Excise Management Act,
a person shall not be liable to any penalty under that Act (other than
forfeiture of the goods) by reason that any goods are treated as
prohibited goods by virtue of this section.

[Cap. C45.]

(9) This section shall have effect as if it formed part of the Customs
and Excise Management Act.

45. Regulations

 

(1) Where no other provision is made in that behalf, the Minister may
make regulations prescribing anything required to be prescribed for the
purposes of this Act.

(2) Regulations may be made-

(a) in the case of works, the copyright in which is vested in the
Government, by the Minister with the prior consent of the President;
and

 

(b) in the case of works, the copyright in which is vested in a State
authority, by the State authority or a person designated by the State
authority,

prescribing the public officer or other authority by whom licences may
be granted for the reproduction of the works in question and a scale of
fees to be charged in respect of any such licence.

(3) Regulations made under subsection (2) of this section shall be
additional to and not in derogation of any enactment or other law
regulating the custody of the National Archives of Nigeria or the
public records of a State, and shall be without prejudice to the
operation of subsection (2) of section 12 of this Act.

(4) The Commission shall, with the consent of the Minister, have power
to make regulations specifying the conditions necessary for the
operation of a business involving the production, public exhibition,
hiring or rental of any work in which copyright subsists under this
Act.

[1999 No. 42.]

46. Jurisdiction

 

The Federal High Court shall have exclusive jurisdiction for the trial
of offences or disputes under this Act.

47.Limitation on suit against the Commission, etc.

 

(1) Notwithstanding anything in any other enactment, no suit against
the Commission, a member or any staff of the Commission, for an act
done-

[1999 No.42.]

(a) in pursuance or execution of his duties under this Act or any other
enactment or law; or

(b) in respect of any alleged neglect or default in the execution of
this Act or any other enactment,

shall lie or be instituted in any court unless, the suit is commenced
within twelve months next after the act, neglect or default complained
of or where the damage or injury continues within twelve months next
after the damage or injury cases.

(2) No suit shall be commenced against the Commission or any member of
staff of the Commission before the expiration of a period of three
months after written notice of intention to commence the suit is served
upon the Commission by the intending plaintiff or his agent.

(3) The notice referred to in subsection (2) of this section shall
clearly state the cause of action, the particulars of the claim, the
name and place of abode of the intending plaintiff and the relief which
he claims.

48. Service of documents

 

A notice, summons, or other document required or authorised to be
served upon the Commission under the provisions of this Act or any
other enactment or law, may be served by delivering the same to the
Director-General of the Commission or by sending it by registered post
addressed to the Director-General at the office of the Commission.

[1999 No.42.]

49. Restriction on execution against the property of the Commission

 

(1) In any action or suit against the Commission, no execution or
attachment or process in the nature thereof shall be issued against the
Commission.

[1999 No.42.]

 

(2) Any sum of money which is by judgment of a court awarded against
the Commission shall, subject to any direction given by the court where
notice of appeal has been given by the Commission in respect of the
judgment, be paid by the Commission from its general fund.

50. Power of the Minister to give directives

 

The Minister may give to the Commission directives of a general or
special character with respect to any of the functions of the
Commission under this Act and it shall be the duty of the Commission to
comply with such directives.

51. Interpretation

 

(1) In this Act, unless the context otherwise requires-

“adaptation
” means the modification of pre-existing work from one genre of work to
another and consists in altering work within the same genre to make it
suitable for different conditions of exploitation, and may also involve
altering the composition of the work;

“artistic wor
k” includes, irrespective of artistic quality, any of the following
works or works similar thereto-

(a) paintings, drawings, etchings, lithographs, woodcuts, engravings
and prints;

(b) maps, plans and diagrams;

(c) works of sculpture;

(d) photographs not comprised in a cinematograph film;

(e) works of architecture in the form of buildings models; and

(f) works of artistic craftsmanship and also (subject to subsection (3)
of section 1 of this Act) pictorial woven tissues and articles of
applied handicraft and industrial art;

“author
” in the case of cinematograph film, means the person by whom the
arrangements for the making of the film were made, unless the parties
to the making of the film provide otherwise by contract between
themselves;

“author
” in the case of literary, artistic or musical works, means the creator
of the work;

“author
” in the case of a photographic work, means the person who took the
photograph;

“author
” in the case of a broadcast transmitted from within any country, means
the person by whom the arrangements for the making or the transmission
from within that country were undertaken;

“author
” in the case of a sound recording, means the person by whom the
arrangements for the making of the sound recording were made, except
that in the case of a sound recording of a musical work, “author” means the artist in whose name the recording
was made, unless in either case the parties to the making of the sound
recording, provide otherwise by contract;

[1992 No.98.]

“broadcast
” means sound or television broadcast by wireless telegraph or wire or
both, or by satellite or cable programmes and includes re-broadcast;

“broadcasting authority
” means any authority established under any law in Nigeria or elsewhere
providing broadcasting services for public reception;

“building
” includes any structure;

“cable programmes
” means visual images, sounds or other information sent by means of a
telecommunication system otherwise than by wireless telegraph for
reception-

 

[1992 No.98.]

(a) at two or more places (whether for simultaneous reception or at
different times) in response to request by different users; or

(b) for presentation to members of the public;

“choreographic work”
means a composition of movements for dancing or any other patterned
succession of gestures mostly created to accompanying music;

“cinematograph film”
includes the first fixation of a sequence of visual images capable of
being shown as a moving picture and of being the subject of
reproduction, and includes the recording of a sound track associated
with the cinematograph film;

“communication to the public
” includes, in addition to any live performance or delivery, any mode
of visual or acoustic presentation, but does not include a broadcast or
re-broadcast;

“computer programme
” means a set of statements or instructions to be used directly or
indirectly in a computer in order to bring about a certain result;

“copy
” means a reproduction in written form, in the form of a recording or
cinematograph film, or in any other material form, so however that an
object shall not be taken to be a copy of an architectural work unless
the object is a building or model;

“copyright
” means copyright under this Act;

“court”
means the Federal High Court;

“exclusive licence
” means a licence signed by or on behalf of a copyright owner,
authorising the licencee to the exclusion of all other persons
(including the person granting the licence), to exercise any right
which would otherwise be exercisable exclusively by the copyright
owner;

“licence
” means a lawfully granted licence permitting the doing of an act
controlled by this Act; “literary work” includes,
irrespective of literary quality, any of the following works or works

similar thereto-

(a) novels, stories and poetical works;

(b) plays, stage directions, film scenarios and broadcasting scripts;

(c) choreographic works;

(d) computer programmes;

(e) text-books, treatises, histories, biographies, essays and articles;

(f) encyclopaedias, dictionaries, directories and anthologies;

(g) letters, reports and memoranda;

(h) lectures, addresses and sermons;

(i) law reports, excluding decisions of courts;

(j) written tables or compilations;

 

“Minister
” means the Minister charged with responsibility for culture;

“musical work
” means any musical composition, irrespective of musical quality and
includes works composed for musical accompaniment;

[1992 No.98.]

“re-broadcast
” means a simultaneous or subsequent broadcast by one broadcasting
authority of the broadcast of another broadcasting authority;

“reproduction
” means the making of one or more copies of a literary, musical or
artistic work, cinematograph film or sound recording;

“sound recording
” means the first fixation of a sequence of sound capable of being
perceived aurally and of being reproduced, but does not include a
soundtrack associated with a cinematograph film;

“State authority
” in relation to a State, means the Governor or other governmental
authority of a State;

“work
” includes translations, adaptation, new versions or arrangements of
pre-existing works, and anthologies or collection of works which, by
reason of the selection and arrangement of their content, present an
original character;

“work of joint authorship
” means a work produced by the collaboration of two or more authors in
which the contribution of each author is inseparable from the
contribution of the other author or authors;

“year” means-

 

(a) in section 44 of this Act, a period of twelve months; and

(b) elsewhere in this Act, a calendar year, that is to say, a period of
twelve months beginning on 1 January and ending on 31 December.

(2) The following provisions shall apply with respect to publication,
that is to say-

(a) a work shall be deemed to have been published if copies of it have
been made available in a manner sufficient to render the work
accessible to the public;

(b) where in the first instance, a part only of a work is published,
that part shall be treated for the purposes of this Act as a separate
work;

(c) a publication in any country shall not be treated as being other
than the first publication by reason only of an earlier publication
elsewhere if the two publications took place within a period of not
more than 30 days.

52. Repeals and Transitional, etc., Provisions (1) The Copyright Act
1970 is hereby repealed.

 

[1970 No. 61.]

(2) Sections 491, 492 and 493 of the First Schedule to the Criminal
Code Act are hereby repealed.

[Cap. C38.]

(3) The Transitional and Savings Provisions in the Fifth Schedule to
this Act shall have effect notwithstanding subsection (1) of this
section or any other provisions of this Act.

[Fifth Schedule.]

53. Short title

 

This Act may be cited as the Copyright Act.

 

SCHEDULES FIRST SCHEDULE

[Section 2.] Terms of Copyright

Type of work

1. Literary, musical or artistic seventy years after the end of the
year in which works other than photograph the author dies; after the
end of the year in which the work was first published.

2. Cinematograph films and photographs Fifty years after the end of the
year in which the work was first published.

3.Sound recordings Fifty years after the end of the year in which the
recording was first published.

4. Broadcasts Fifty years after the end of the year in which the

broadcast first took place.

 

SECOND SCHEDULE

[Section 6 (1).] Exceptions from copyright control

The right conferred in respect of a work by section 6 of this Act does
not include the right to control-

(a) the doing of any of the acts mentioned in the said section 6 by way
of fair dealing for purposes of research, private use, criticism or
review or the reporting of current events, subject to the condition
that, if the use is public, it shall be accompanied by an
acknowledgement of the title of the work and its authorship except
where the work is incidentally included in a broadcast;

(b) the doing of any of the aforesaid acts by way of parody, pastiche,
or caricature;

(c) the inclusion in a film or a broadcast of an artistic work situated
in a place where it can be viewed by the public;

(d) the reproduction and distribution of copies of any artistic work
permanently situated in a place where it can be viewed by the public;

(e) the incidental inclusion of an artistic work in a film or
broadcast;

(f) the inclusion in a collection of literary or musical work which
includes not more than two excerpts from the work, if the collection
bears a statement that it is designed for educational use and includes
an acknowledgement of the title and authorship of the work;

 

(g) the broadcasting of a work if the broadcast is approved by the
broadcasting authority as an educational broadcast;

(h) any use made of a work in an approved educational institution for
the educational purposes of that institution, subject to the condition
that, if a reproduction is made for any such purpose it shall be
destroyed before the end of the prescribed period, or if there is no
prescribed period, before the end of the period of 12 months after it
was made;

(i) subject to the Third Schedule to this Act, the making of a sound
recording of a literary or musical work, and the reproduction of such a
sound recording by the maker or under licence from him, where the
copies thereof are intended for retail sale in Nigeria and the work has
already been previously recorded under licence from the owner of the
relevant part of the copyright, whether in Nigeria or abroad, subject
to such conditions and to the payment of such compensation as may be
prescribed;

(j) the reading or recitation in public or in a broadcast by any person
of any reasonable extract from a published literary work if accompanied
by a sufficient acknowledgment:

Provided that such reading or recitation is not for commercial
purposes;

(k) any use made of a work by or under the direction or control of the
Government, or by such public libraries, non- commercial documentation
centers and scientific or other institutions as may be prescribed,
where the use is in the public interest, no revenue is derived
therefrom and no admission fee is charged for the communication, if
any, to the public of the work so used;

(I) the reproduction of a work by or under the direction or control of
a broadcasting authority where the reproduction or any copies thereof
are intended exclusively for a lawful broadcast and are destroyed
before the end of the period of six months immediately following the
making of the reproduction or such longer period as may be agreed
between the broadcasting authority and the owner of the relevant part
of the copyright in the work, so however that any reproduction of a
work made under this paragraph-

(i) may, if it is of an exceptional documentary character, be preserved
in the archives of the broadcasting authority (which shall for the
purpose of this paragraph be deemed to be part of the National
Archives) established under the National Archives Act;

[Cap. N6.]

(ii) subject to this Act, shall not be used for broadcasting or for any
other purpose without the consent of the owner of the relevant part of
the copyright in the work;

(m) the broadcasting of a work already lawfully made accessible to the
public and subject (without prejudice to the other provisions of this
Schedule) to the condition that the owner of the broadcasting right in
the work shall receive a fair compensation determined, in the absence
of agreement, by the court;

(n) news of the day publicly broadcast or publicly communicated by any
other means;

(o) the communication to the public of a work, in a place where no
admission fee is charged in respect of the communication, by any club
whose aim is not profit making;

(p) any use made of a work for the purpose of judicial proceeding or of
any report of any such proceeding;

(q) the making of not more than three copies of a book (including a
pamphlet, sheet music, map, chart or plan) by or under the direction of
the person in charge of a public library for the use of the library if
such a book is not available for sale in Nigeria;

[1999 No.42.]

(r) the reproduction for the purpose of research or private study of an
unpublished literary or musical work kept in a library, museum or other
institutions to which the public has access;

(s) reproduction of published work in braille for the exclusive use of
the blind, and sound recordings made by institutions or other
establishments approved by the Government for the promotion of the
welfare of other disabled persons for the exclusive use of such blind
or disabled person.

 

 

THIRD SCHEDULE

[Section 6(4).]


Special exceptions in respect of a sound recording of a musical
work

 

1.
The copyright in a musical work is not infringed by a person (in this
Schedule referred to as “the record producer”) who makes a recording of
the work or of an adaptation thereof in Nigeria, if-

[1992 No. 98.]

(a) records of the work, or as the case may be, of a similar adaptation
of the work, have previously been made in, or imported into Nigeria for
the purposes or retail sale, and were so made or imported by, or with
the licence of, the owner of the copyright in the work;

[1992 No. 98.]

(b) before making the recording, the record producer gave to the owner
of the copyright the prescribed notice of his intention to make it;

(c) the record producer intends to sell the record by retail, or to
supply if for the purpose of its being sold by retail by another
person, or intends to use it for making other records which are to be
sold or supplied; and

(d) in the case of a record which is sold by retail, the record
producer pays the owner of the copyright in the prescribed manner and
at the prescribed time, a royalty of an amount ascertained in
accordance with the provisions of this Schedule.

2.
Subject to the following provisions of this Schedule, the royalty
mentioned in sub-paragraph (d) of paragraph 1 of this Schedule shall be
of an amount equal to a percentage of the ordinary retail selling price
of the record calculated in the prescribed manner.

3.
If, at any time after the end of the period of one year beginning with
the coming into operation of a prescribed rate of royalty it appears to
the Commission that the ordinary rate of royalty, or the minimum amount
thereof, as prescribed has ceased to be equitable, either generally or
in relation to any class of records, the Commission may hold a public
inquiry, in the prescribed manner, and if, in consequence of such an
inquiry, the Commission is satisfied of the need to do so, he may make
an order prescribing such different rate or amount, either generally or
in relation to anyone or more classes of records, as he may consider
just:

Provided that, where no order comprising a class of records (either a
general order or an order relating specifically to that class, or to
that class together with one or more other classes of records), has
been made under this paragraph, no further order comprising that class
of records shall be made thereunder less than five years after the date
on which the previous order comprising that class (or, if more than
one, the last previous order comprising that class) was made
thereunder.

[1992 No.98.]

4.
In the case of a record which comprises (with or without other
material, and either in their original form or in the form of
adaptations) two or more musical works in which copyright subsist, if
the owners of the copyright in the works are different persons, the
royalty shall be apportioned among them in such manner as they may
agree or as, in default of agreement, may be determined by arbitration.

5.
Where a record comprises (with or without other material) a performance
or a musical work, or of an adaptation of musical work, in which works
are sung, or are spoken incidentally to or in association with the
music, and either no copyright subsists in that work or, if such
copyright subsists, the conditions specified in paragraph 1 of this
Schedule are fulfilled in relation to that copyright, then if-

[1992 No.42.]

(a) the works consist or form part of a literary or dramatic work in
which copyright subsist; and

 

(b) such previous records as are referred to in sub-paragraph (a) of
paragraph 1 of this Schedule were made or imported by, or with the
licence of the owner of the copyright in that literary of dramatic
work; and

(c) the conditions specified in sub-paragraphs (b) and (d) of paragraph
1 of this Schedule are fulfilled in relation to the owner of that
copyright, the making of the record shall constitute an infringement of
the copyright in the literary or dramatic work:

Provided that, this paragraph shall not be construed as requiring more
than one royalty to be paid in respect of a record; and if copyright
subsists both in the musical work and in the literary or dramatic work,
and their owners are different persons, the royalty shall be
apportioned among them (or among them and any other person entitled to
a share thereof in accordance with the last preceding sub-paragraph) as
they may agree or as, in default of agreement, may be determined by
arbitration.

6.
For the purpose of this Schedule, an adaptation of a work shall be
taken to be similar to an adaptation thereof contained in previous
records if the two adaptations do not substantially differ in their
treatment of the work, either in respect of style or (apart from any
difference in number) in respect of the performances required for
performing them.

7.
Where, for the purposes of sub-paragraph (a) of paragraph 1 of this
Schedule, the record producer requires to know whether such previous
records as are mentioned in that sub-paragraph were made or imported as
therein mentioned, the record producers may make the prescribed
inquiries; and if the owner of the copyright fails to reply to those
inquiries within the prescribed period, the previous record shall be
taken to have been made or imported, as the case may be, with the
licence of the owner of the copyright.

8.
The provisions of paragraph 7 of this Schedule shall apply in relation
to records of part of a work or adaptation as they apply in relation to
records of the whole of it:

Provided that paragraph 1 of this Schedule-

(a) shall not apply to a record of the whole of a work or adaptation
unless the previous records referred to in sub- paragraph (a) of that
paragraph were records of the whole of the work or of a similar
adaptation; and

(b) shall not apply to a record of part of a work or adaptation unless
those previous records were records of, or comprising, that part of the
work of a similar adaptation.

9.
Nothing in this Schedule shall be construed as authorising the
importation of records which could not lawfully be imported apart from
this Schedule; and accordingly, for the purposes of any provision of
this Act relating to imported articles, where the question arises
whether the making of a record outside Nigeria would have constituted
an infringement of copyright if the record had been made in Nigeria,
that question shall be determined as if paragraph 1 of this Schedule
had not been enacted.

10.
In this Schedule, “prescribed” means prescribed by
regulations made under this Schedule by the Minister and any such
regulations made for the purposes of sub-paragraph (d) of paragraph 1
of this Schedule may provide that the taking of such steps as the
Minister considers most convenient for ensuring the receipt of the
royalties (by the owner of the copyright) shall be treated as
constituting payment of the royalties in accordance with that
paragraph.

FOURTH SCHEDULE

Compulsory licence for translation and reproduction of certain works

1. Interpretation

 

In this Schedule-

“qualified person” means-

 

(a) a citizen of Nigeria or an individual domiciled in Nigeria; or

(b) a body corporate incorporated under any written law in Nigeria;

 

“research
” shall not include industrial research, or research carried out by
bodies corporate (not being bodies corporate owned or controlled by the
Government), companies, associations or bodies of persons carrying on
any business;

“purposes of teaching, research or scholarship” includes-

(a) purposes of instruction activity at all levels in educational
institutions; and

(b) purposes of all types of organised educational activity.

2. Licence to produce and publish translations

 

(1) Any qualified person may apply to the Commission for a licence to
produce and publish a translation of a literary or dramatic work which
has been published in analogous forms of reproduction for the purposes
of teaching, scholarship or research.

(2) An application under this paragraph shall be made in such form as
may be prescribed and shall state the proposed retail price of a copy
of the translation of the work.

[1992 No.98.]

(3) Every applicant for a licence under this paragraph shall, along
with his application, deposit with the Commission such fee as may be
prescribed.

(4) Where an application is made to the Commission under this paragraph
it may, after holding such inquiry as may be prescribed, grant to the
applicant a licence, not being an exclusive licence, to produce and
publish a translation of the work in the language mentioned in the
application subject to the condition-

[1999 No.42.]

(a) that the applicant shall pay to the owner of the copyright in the
work royalties in respect of copies of the translation of the work sold
to the public, calculated at such rate as the Commission may, in the
circumstances of each case, determine in the prescribed manner, except
that the royalties shall be consistent with the standards normally
operating in the case of licences freely negotiated between persons in
Nigeria and owners of translation rights in the country of the owner of
the right of translation; and

(b) that the licence shall not extend to the export of copies of the
translation of the work outside Nigeria and every copy of such
translation shall contain a notice in the language of such translation
that the copy is available for distribution only in Nigeria.

(5) Sub-paragraph (4) of this paragraph shall not apply to the export
by the Government or any authority under the Government of copies of
such translation in a language other than English to any country if-

(a) such copies are sent to citizens of Nigeria residing outside
Nigeria or to any association of such citizens outside Nigeria; or

(b) such copies are meant to be used for purposes of teaching,
scholarship or research and not for any commercial purpose,

and in either case, the government of the country to which the copies
are exported has agreed to the receipt or distribution, or both, of the
copies exported to that country.

(6) No licence shall be granted by the Commission under this paragraph
until the expiration of whichever of the following periods is
applicable-

(a) one year from the date of first publication of the work where the
application is for a licence for translation into any language spoken
in Nigeria other than English;

(b) three years from the date of first publication of the work where
the application is for a licence for translation into English.

 

(7) No licence shall be granted by the Commission unless-

(a) the Commission is satisfied that no translation of the work into
the language in question has been published in printed or analogous
forms of reproduction, by or with the authorisation of the owner of the
right of translation, or that all previous editions in that language
are out of print;

(b) the applicant has proved to the satisfaction of the Commission that
he had requested and had been denied authorisation by the owner of the
copyright to produce and publish such translation, or that he was,
after due diligence on his part, unable to find such owner;

(c) where the applicant was, after due diligence on his part, unable to
find the owner of the copyright, he had sent a copy of his request for
such authorisation by registered air-mail post to the publisher whose
name appears from the work, not less than two months before the
application for the licence;

(d) the applicant had at the time he submitted an application under
this paragraph informed any national or international information
centre designated for this purpose by the government of the country in
which the publisher of the work to be translated is believed to have
his principal place of business;

(e) the Commission is satisfied that the applicant is competent to
produce and publish a correct translation of the work and possesses the
means to pay to the owner of the copyright the royalties payable to him
under this Act;

(f) a period of six months in the case of an application for a licence
for translation into English or nine months in the case of an
application for a licence for translation into any language spoken in
Nigeria other than sub-paragraph (7)

(b) of this paragraph or where a copy of the request has been sent
under sub-paragraph (7) (c) of the said paragraph, from the date of
sending of such copy, and the translation of the work in the language
mentioned in the application has not been published by the owner of the
copyright in the work or any person authorised by him within the said
period of six months or nine months, as the case may be;

(g) the name of the author and the title of the particular edition of
the work proposed to be translated are printed on all the copies of the
translation;

(h) if the work is composed mainly of illustrations, the provisions of
section 3 of this Act are complied with;

(i) the author has not withdrawn from circulation copies of the work;
and

(j) an opportunity of being heard is given, wherever practicable, to
the owner of the copyright in the work.

3. Licence to reproduce and publish works for certain purposes

 

(1) Where, after the expiration of the relevant period from the date of
the first publication of an edition of a literary or artistic work-

(a) the copies of such edition are not made available in Nigeria; or

(b) such copies have not been put on sale in Nigeria for a period of
six months,

by the owner of the right of reproduction or by any person authorised
by him in that behalf to the general public, or in connection with
systematic instructional activities at a price reasonably related to
that normally charged in Nigeria for comparable works, any qualified
person may apply to the Commission for a licence to reproduce and
publish such work in printed or analogous forms of reproduction at the
price at which such edition is sold or at a lower price for the
purposes of systematic instructional activities.

(2) Every such application shall be made in such forms as may be
prescribed and shall state the proposed retail price of a copy of the
work to be produced.

(3) Every applicant for a licence under this paragraph shall, along
with his application, deposit with the Commission such fee as may be
prescribed.

(4) Where an application is made to the Commission under this paragraph
it may, after holding such inquiry as may be prescribed, grant to the
applicant a licence, not being an exclusive license, to produce and
publish a reproduction of the work mentioned in the application subject
to the conditions that-

 

(a) the applicant shall pay to the owner of the copyright in the work
royalties in respect of copies of the reproduction of the work sold to
the public, calculated at such rate as the Commission may, in the
circumstances of each case, determine in the prescribed manner, except
that the royalties shall be consistent with the standards normally
operating in the case of licences freely negotiated between persons in
Nigeria and owners of reproduction rights in the country of the owner
of the reproduction right;

(b) a licence granted under this paragraph shall not extend to the
export of copies of the reproduction of the work outside Nigeria and
every copy of such reproduction shall contain a notice that the copy is
available for distribution only in Nigeria.

(5) No licence shall be granted to an applicant under this paragraph
unless-

(a) the applicant has proved to the satisfaction of the Commission that
he had requested and been denied authorisation by the owner of the
copyright in the work to reproduce and publish such work or that he
was, after due diligence on his part, unable to find such owner;

(b) where the applicant was unable to find the owner of the copyright,
a copy of his request for such authorisation by registered air-mail
post to the publisher whose name appears on the work not less than
three months before the application for the licence;

(c) the applicant had informed any national or international centre
designated for this purpose by the government of the country in which
the publisher of the work to be reproduced is believed to have his
principal place of business;

[1999 No.42.]

(d) the Commission is satisfied that the applicant is competent to
reproduce and publish an accurate reproduction of the work and
possesses the means to pay to the owner of the copyright the royalties
payable to him under this paragraph;

(e) the applicant undertakes to reproduce and publish the work at such
price as may be fixed by the Commission, being a price reasonably
related to the price normally charged in Nigeria for works of the same
standard on the same or similar subjects;

(f) a period of six months in the case of an application for the
reproduction and publication of any work of natural science, physical
science, mathematics or technology, or a period of three months in the
case of an application for the reproduction and publication of any
other work, has lapsed from the date of making the request under
sub-paragraph

(5) (a) of this paragraph, or where a copy of the request has been sent
under sub-paragraph (5) (b) of the said paragraph, from the date of
sending of a copy, and a reproduction of the work has not been
published by the owner of the copyright in the work or any person
authorised by him within the said period of six months, as the case may
be;

(g) the name of the author and the title of the particular edition of
the work proposed to be reproduced are printed on all the copies of the
reproduction;

(h) the author has not withdrawn circulation copies of the work; and

(i) an opportunity of being heard given, wherever practicable, to the
owner of the copyright in the work.

(6) No licence to reproduce and publish the translation of a work shall
be granted under this paragraph unless such translation has been
published by the owner of the right of translation in a language spoken
in Nigeria.

(7) The provisions of this paragraph shall also apply to the
reproduction and publication, or translation into a language spoken in
Nigeria, of any text incorporated in audio-visual fixations prepared
and published solely for the purpose of systematic instructional
activities.

(8) For the purposes of this paragraph-

“relevant period”,
in relation to any work, means a period of-

(a) seven years from the date of the first publication of that work,
where the application is for the reproduction and publication of any
work of, or relating to fiction, poetry, drama, music or art;

 

(b) three years from the date of the first publication of that work,
where the application is for the reproduction and publication of any
work of, or relating to natural science, physical science, mathematics
or technology.

4. Licence for domestic broadcasting organisation

 

(1) Any broadcasting organisation in Nigeria or any qualified person
who is the holder of a licence for a television or broadcasting station
may apply to the Commission for a licence to produce and publish the
translation of-

(a) a work referred to in paragraph 2 of this Schedule and published in
printed or analogous forms of reproduction; or

(b) any text incorporated in audio-visual fixations prepared and
published solely for the purpose of systematic instructional
activities, or broadcasting such translation for the purpose of
teaching or for the dissemination of the results of specialised,
technical or scientific research to the experts in any particular
field.

 

FIFTH SCHEDULE

[Section 52 (3).] Transitional and savings provisions

1.
Subject to this Schedule, this Act applies in relation to works made
before the commencement of this Act as it applies in relation to works
made after the commencement of this Act.

2.
(1) Subject to this paragraph, proceedings under section 28 of this Act
for infringement of copyright may be taken notwithstanding that the
alleged infringement occurred before the commencement of this Act.

(2) Where an act done before the commencement of this Act was then an
infringement of copyright but is not an infringement of copyright under
this Act, proceedings in respect of the act may be taken as if this Act
had not been made.

3.
(1) Subject to sub-paragraph (2) of this paragraph, contracts for the
licensing of any act in respect of copyright which were effective
immediately before the commencement of this Act, shall continue in
force as if they related to the corresponding copyright under this Act.

(2) A notice given under section 15 of the repealed Copyright Act and
not withdrawn before the commencement of this Act, shall continue in
force as if it had been given under section 44 of this Act.

(3) Any subsidiary legislation made under the repealed Act which was in
force immediately before the commencement of this Act, shall remain in
force, subject to any necessary modifications, as if it had been made
under this Act, and may be added to, amended, revoked or varied
accordingly.

 

COPYRIGHT ACT

SUBSIDIARY LEGISLATION

 

 

List of Subsidiary Legislation

1. Appointment of Copyright Inspectors Notice.

APPOINTMENT OF COPYRIGHT INSPECTORS NOTICE

 

[S.1. 12 of 1997.]

under section 38 (1) NIGERIAN COPYRIGHT COMMISSION

[1st January, 1997]

[Commencement. ]

1. Appointment of Copyright Inspectors

 

For the purpose of section 38 of the Copyright Act, all persons appointed
to the service of the Commission as officers engaged in the duty of
monitoring, reporting, or enforcement of the provisions of the Copyright
Act shall be designated as Copyright Inspectors.

[Cap. C28

2 .Powers of Inspector

 

A Copyright Inspector designated as stated in section 1 herein shall have
all the powers conferred by section 38 of the Copyright Act or any other
provisions of the Law.

[Cap. C28.]

3. Short title

 

This notice may be cited as the Appointment of Copyright Inspectors Notice.