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.

Team 618 Bees

 

 

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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  • 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.
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    To register a business in Nigeria; you would need to conduct a name search of the business. You can achieve this using your CAC-CRP account.
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    This is the section in which the parties sign the contract or agreement.
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    SON Product Registration scheme is mandatory for all SON’s regulated products as mandated by SON Act 56 of 1971, 20 of 1984, 18 of 1990 as amended.

    This is irrespective of the registration done by NAFDAC
  • Can I use the data collected legally for one purpose for another purpose?

    No, you can’t use the data collected for one purpose for a different purpose.
  • Must I register my work with the Nigerian Copyright Commission?

    No, you must not register your work under the Nigerian law but you have the option to do so. This is because as soon as the original work becomes fixed and tangible it automatically becomes copyrightable.
  • What are the product categories available when registering with NAFDAC?

    The product categories include: Food, Cosmetics, Drug, Medical Device, Agro-Chemicals & Pesticide, Veterinary Products, Vaccines & Biologicals, Herbal and Nutraceuticals and Water
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    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.
  • Will my trademark registration in Nigeria protect me worldwide?

    No, all intellectual property (IP) rights which includes trademarks are territorial, which means you are protected in the countries in which you register them.
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