Copyright is simply a set of exclusive rights granted by law to an author or creator of an original work, including the right to copy, distribute or, license, and reproduce the work throughout his lifetime and thereafter for a term of years. This right (i.e. copyright) can be exercised solely by its holder or under the authority of the copyright owner. The Copyright Act LFN 2004 seeks to protect the works of authors of literary work or technology software, artistic works, songwriters, music publishers, cinematograph films producers, photographers etc.
The regulatory agency that supervises copyright registration in Nigeria is the Nigerian Copyright Commission (“NCC”). This article highlights, in a question-and-answer format, the works which aree eligible for copyright protection, the recognized rights of a registered copyright owner, the requirements, cost and procedures for registration in Nigeria.
What is the principal governing law for copyright in Nigeria?
The principal law that governs copyrights in Nigeria is the Copyrights Act (Cap. 28 Laws of the Federation of Nigeria 2004).
What kinds of work are eligible for copyright registration?
In accordance with the provisions of section 1(1) of the Act, the following are the kinds of work that are eligible for copyright registration in Nigeria:
(1) Literary works including technology application software;
(2) Musical works;
(3) Artistic works;
(4) Cinematograph work including digital or online contents;
(5) Sound recording; and
(6) Broadcast.
Kindly note that a literary, musical, or artistic work shall not be eligible for copyright registration unless-
(a) sufficient effort has been expended on making the work to give it an original character; or
(b) the work has been fixed in any 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.
Furthermore, for a work to be eligible for protection it must be sufficiently original, and must be in a form which is expressed e.g., writing, a painting, a musical recording, etc.
What are the ineligible works for copyright registration?
As provided in section 1(3) and (4) of the Act, the following works are not eligible for registration:
(a) 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;
(b) A work shall not be eligible 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 works.
Who owns the right in a copyright?
Generally speaking, and in accordance with section 10 of the Act, copyright shall vest initially in the author or creator of a work. However, there are exceptions to this rule especially where a work is commissioned by a person who is not the author’s employer under a contract of service or apprenticeship, or where the work is created in the course of the author’s employment.
Also, where two (2) or more authors prepare a work with the intent to combine their contributions into interdependent parts, the work is considered joint work and the authors are regarded as joint copyright owners. That is to say the authors share joint interest in the whole or any part of a copyright if they have interests in the various copyrights in a composite production. See Section 11(6) of the Act.
Kindly note that where a work is made by an 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 proprietor or employer shall in the absence of any agreement to the contrary, be the first owner of copyright in the work. The foregoing has consistently restated by the Nigerian courts in plethora of decided cases.
What are the rights that are available to copyright owners in Nigeria?
The following are the rights of a copyright owner in Nigeria:
(a) The right to sell or distribute copies to the public;
(b) The right to make copies of a protected work;
(c) Right to perform or display work in public;
(d) Right to assign or licence work.
(e) Right to prevent or exclude others from the use of a copyrighted work: The Court may also, in appropriate circumstances, grant injunctive orders restraining an offender from further infringement on the rights of the creator.
What is the procedure for Copyright registration in Nigeria?
Application for copyright registration is made to the NCC in the prescribed form, with accompanying documents which includes:
(a) A completed registration form;
(b) Two copies of the work; and
(c) Evidence of payment of prescribed fees.
What is the Lifespan of Copyright in Nigeria?
The rights enjoyed by the copyright owner are not exhaustive, rather it is for a term of years. The author of a literary, artistic or musical work enjoys copyright through his lifetime and for 70 years after his death. However, in the case of films, sound recordings, performance, etc., the owner enjoys copyright for 50 years from the time the work was first published after which, third parties are allowed a free use of it.
What form of use amounts to copyright infringement in Nigeria?
Section 15 of the Act provides that copyright is infringed by any person who without the licence or authorization of the owner of the copyright does the following acts:
(i) Does or causes any other person to do an act, the doing of which is controlled by the copyright;
(ii) Import or causes to be imported into Nigeria any copy of a work which it had been made in Nigeria would be an infringing copy;
(iii) Exhibit in public any article in respect of which copyright is infringed;
(iv) Distributes by way of trade, offers for sale, hire, or otherwise for the purpose prejudicial to the owner of the copyright any article in respect of which copyright is infringed;
(v) Makes or has in his possession plates, master tapes, machines, equipment, or contrivances used for making infringed copies of the work;
(vi) Permits a place of public entertainment or business to be used for a performance in public of work, where the performance constitutes an infringement of the copyright in the work, unless the person permitting the place to be used is not aware, and had no reasonable ground for suspecting the performance would be an infringement of the copyright;
(vii) Performs or causes to be performed for trade or business or as supporting facility to a trade or business, any work in which copyright subsists.
What is the appropriate court to initiate legal proceedings for copyright infringement in Nigeria?
The competent court with jurisdiction in matters relating to infringement of copyright in Nigeria is the Federal High Court which is available in almost all the major States and the Federal Capital Territory (FCT) of Nigeria. Any unfavourable decision of the Federal High Court can be subjected to review by appealing to the Court of Appeal (which has division in some States and the FCT Abuja), and, thereafter, to the Supreme Court, Abuja.
What is the timeline for copyright registration in Nigeria?
The timeline for copyright registration in Nigeria is around ten (10) working days.
What is the estimated cost for copyright registration in Nigeria?
| Particulars | Cost |
| Registration with the Nigerian Copyright Commission. | N80,000 |
| Miscellaneous | Available on request |
| Professional Fee | Available on request |
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About KORIAT & CO.
We are a commercial law firm with head office in Lagos, Nigeria. We assist clients from different nationalities in company registration and processing of business licence in Nigeria, Ghana, Kenya and Rwanda. We also provide company secretarial services and general legal support for registered businesses.
The above article is not legal advice and does not automatically make our readers our clients unless they specifically instruct us to act or represent them in any way.
Please contact Koriat & Co. through admin@koriatlaw.com or 09067842241 (also WhatsApp) if you require additional information about or assistance in registering or getting a fintech licence in either payment or lending sectors.
