The Rights of a Copyright Owner in Nigeria

The Rights of a Copyright Owner in Nigeria

June 24, 2024

Copyright is a form of intellectual property that gives legal ownership to the author or creator of any tangible work. The protection under copyright only extends to literary works, artistic works, musical works, sound recordings, audio-visual works and broadcasts.

One of the major objectives of copyright protection under the Copyright Act 2022 is to protect the rights of authors, by ensuring that they receive just reward and recognition for their intellectual efforts, and protecting their creative works from exploitation by others.

 

In Nigeria, although copyright is conferred on an eligible work at the point of creation, the Nigerian Copyright Commission (NCC) operates a notification portal called the Nigerian Copyright e-Registration System (NCeRS). On the portal, creators notify the NCC of the creation or existence of their works to enable the Commission maintain its records, and to provide evidence of the possible date of creation and other facts that may be necessary, should a dispute arise in respect of the work.

 

Exclusive Rights of a Copyright Owner

Copyright grants exclusive ownership and control over the original work, and a copyright owner has the right to restrict unlicensed persons from reproducing, performing, or publishing the work in any form, making or including the work in any cinematography, making copies or adaptations of the work, and distributing the work to the public for commercial purposes.

 

These are the exclusive rights reserved for a copyright owner, and any person seeking to carry out any of these acts in respect of a work protected under Copyright laws must first seek the consent of the copyright owner. The ownership of a copyright may however be transferred to a third party, such as heirs or successors, through an assignment, testamentary deposition, or by operation of law, who then becomes the “owner” of the copyright.

 

Copyright protection does not however restrict the use of copyrighted work for research, private use, parody, criticism or review of current events, provided the work and authorship is acknowledged.

 

Duration of Copyright Protection

The author of a work does not own his Copyright indefinitely. The author of a literary, artistic or musical work enjoys copyright throughout his lifetime and for 70 years after his death. In the case of films, sound recordings and other works, the owner enjoys Copyright for 50 years from the time the work was first published. When the term of protection expires, the work goes to the public domain and third parties are allowed free use.

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The information in this blog post (“post”) is provided for general informational purposes only, no information contained in this post should be construed as legal advice, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through this post without seeking the appropriate legal or professional advice from the particular facts and circumstances at issue from a lawyer. This post is protected by intellectual property law and regulations. It may however be shared using appropriate sharing tools provided that our authorship is always acknowledged and this Disclaimer Notice attached

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Frequently Asked

  • When are Annual Returns due for filing?

    A company’s first Annual Returns are due for filing after 18 months of its inception, subsequently it should be filed annually as the name implies. The filing dates could differ for each company depending on their financial year end but must be filed not later than 42 days after its Annual General Meeting.

    The Annual Returns for Business Names is due not later than the 30th of June each year except in the year the business was registered.

  • What’s the difference between a business name and an LLC?
    • A business name is a sole proprietorship, usually owned and managed by one individual only. Legally, the sole proprietor and his business are one. It simply means an individual trading with an alias. The sole proprietor is personally liable for all business related obligations.

    • A limited liability company on the other hand is a separate business entity from the individuals that hold its shares and act as directors. Legally, it’s a separate business entity and a person on its own who can transact business, own property separate from its owners and can sue or be sued. 

  • What is an execution clause in a contract?

    This is the section in which the parties sign the contract or agreement.

  • What are the penalties for not registering my products with the SON?
      1. Seizure of goods by the Inspectorate and Compliance Directorate
      2. Payment of a fine.
      3. Prosecution

     

  • Is it legal to transfer the personal data you obtained legally to another person?

    No, its not legal. This is because the law prohibits anyone from transferring the data of a third party to another person without consent from the third party to do same even if the data was rightfully obtained in the first instance.

  • Who benefits from copyright protection?

    The creator of a copyright work, usually referred to as the “author” of the work owns the copyright in the work in the first instance. However, the author is at liberty to transfer his rights to a third party. In such a case, the person who has obtained the right by transfer or other legal means becomes the owner of the copyright.

  • When can I start renewal of the registration of my product(s) with NAFDAC?

    You can start renewal 6 months to the date of expiry.

  • Why do i need a Shareholders Agreement?

    You need a Shareholders Agreement to protect your investment in a company.  The shareholders Agreement establishes a fair relationship between all shareholders and sets out how the company is run.

  • Why do I need a trademark?

    You need to register your trademark because if you don’t register it, someone else can! It helps identify you as the source and indicates a consistent level of quality of your products and services. Securing a registered trademark protects your brand, and provides you with tools to prevent someone else from using similar signs and riding off the back of your business.

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