On 17th December 2022, the Federal Government of Nigeria signed into law the new copyright bill, which is set to provide a significant boost to intellectual property rights in the country. The bill is aimed at addressing some of the challenges faced by content creators and right owners in Nigeria, and it contains several provisions that will provide greater protection to intellectual property in Nigeria. In this article, we will take a closer look at some of the key provisions of the new copyright bill and their potential impact on intellectual property in Nigeria.
Key provisions of the new Nigeria copyright bill
1. Explicit Protection of Online Content
One of the most significant provisions of the new copyright bill is the explicit protection of online content. With the increasing use of the internet and social media platforms in Nigeria, it has become crucial to provide greater protection to online content.
The new bill now provides clear guidelines on the use and distribution of copyrighted works online, and it imposes penalties for the unauthorized use of such works. This provision is especially important for content creators in Nigeria, who have long struggled with the issue of online piracy.
With the new bill in place, content creators can now have greater confidence that their works will be protected online, and that they will be able to receive fair compensation for their efforts.
2. Online piracy
The new copyright bill also contains provisions that address the issue of online piracy, which has been a major challenge for content creators in Nigeria. The bill now imposes penalties for the unauthorized use of copyrighted works online, including fines and imprisonment.
This provision will help to deter online piracy and ensure that content creators are fairly compensated for their work.
3. Tenure and inalienability of moral rights
The latest copyright legislation also incorporates a clause that addresses the duration and inalienability of moral rights. This measure is designed to protect the authenticity of copyrighted works and guarantee that copyright holders retain authority over the usage of their works.
The provision stipulates that moral rights cannot be exchanged or sold and will remain under the copyright owner’s control throughout the copyright’s duration.
4. Special provision for persons living with disabilities
The new copyright bill also contains a special provision for persons living with disabilities. This provision requires that all copyrighted works must be made accessible to persons with disabilities, including those who are visually impaired or have hearing impairments.
This provision is a significant step towards greater inclusion and accessibility in Nigeria and will ensure that persons living with disabilities have access to the same cultural and artistic works as everyone else.
5. Fair dealings
This new bill also takes into account fair dealings, which is a critical measure for content creators in Nigeria. The fair dealings provision enables the use of copyrighted works for specific purposes, such as research, criticism, or review, without requiring consent from the copyright owner.
This provision serves to achieve a balance between the interests of content creators and the public’s need for access to information.
6. Right over commissioned work
The new copyright bill also provides for the right over commissioned work. This provision ensures that the right owner of a commissioned work is the creator of the work, rather than the person who commissioned the work.
This provision will help to ensure that content creators are properly credited and compensated for their work, even if it was commissioned by someone else.
7. Ownership of copyright in collective work
The latest copyright legislation includes a clause that addresses copyright ownership in collaborative works. This clause guarantees that the individual who created the work will be recognized as the rightful owner of the copyright, rather than the individual or entity responsible for publishing or disseminating the work.
This provision serves to safeguard the interests of content creators by guaranteeing that they receive appropriate recognition and remuneration for their contributions, even if they form part of a larger collaborative effort.
8. Protection of folklore
The latest copyright bill also includes a provision that focuses on safeguarding folklore. This clause guarantees that expressions of cultural heritage and traditional knowledge are safeguarded under copyright law.
This measure is of particular significance to Nigeria’s indigenous communities, who have historically faced issues with their cultural heritage being appropriated without appropriate recognition or compensation. The inclusion of this provision will grant these communities greater control over their cultural heritage, enabling them to protect their traditional knowledge and expressions.
Impact of the new copyright bill
The implementation of the new copyright bill in Nigeria is expected to significantly impact the protection of intellectual property rights in the country. The explicit protection of online content and the provisions addressing online piracy are expected to enhance the confidence of content creators in the protection of their works online, which in turn will result in fair compensation for their efforts.
The provisions relating to fair dealings, right over commissioned work, and ownership of copyright in collective work will also provide greater protection to content creators, ensuring that they are properly credited and compensated for their work, even if it is part of a larger collective work or commissioned by someone else.
The provision for the tenure and inalienability of moral rights is another significant provision that will help to protect the integrity of copyrighted works and ensure that right owners have control over how their works are used.
The special provision for persons living with disabilities is also a significant step towards greater inclusion and accessibility in Nigeria. This provision will ensure that persons living with disabilities have access to the same cultural and artistic works as everyone else.
Conclusion
The new copyright bill is a significant step towards greater protection of intellectual property in Nigeria. With its provisions addressing online piracy, fair dealings, right over commissioned work, ownership of copyright in collective work, and protection of folklore, content creators and right owners in Nigeria will have greater confidence that their works will be protected, and they will be able to receive fair compensation for their efforts.
The special provision for persons living with disabilities and the provision for the tenure and inalienability of moral rights are also important provisions that will help to ensure greater inclusion and accessibility in Nigeria and protect the integrity of copyrighted works.
