The new Copyright Act is as diverse as Nigeria's cultures
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Hey #IPFRIENDS
Welcome to this month’s edition of the #IPSERIES newsletter. My name is Rita Anwiri Chindah, a legal advisor and consultant on Intellectual Property, Information Technology and Arbitration based in Rivers State. I provide updates on trending global issues with an African bias and with forward-looking opportunities.
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A Commentary on the Nigerian Copyright Act 2022
Last month, news broke out that President Muhammed Buhari had signed the Copyright Act 2022 which now repealed the Copyright Act 1988. This is a landmark legislation aims to provide appropriate restrictions and exceptions to ensure access to creative works; facilitate Nigeria's compliance with obligations arising from pertinent international copyright treaties and conventions; improve the capacity of the Nigerian Copyright Commission for efficient regulation, administration, and enforcement of this Act and authors' rights should be protected to ensure fair compensation and recognition for their intellectual labour.
Looking at the Act reveals there was some blending of previous copyright-related laws, including the Copyright Levy on Materials Order 2012, the Copyright (Dispute Resolution Panel) Regulations 2007, and the Copyright (Collective Management Organizations) 2007.
Honorable mention
The Act includes a number of new provisions and amendments that are anticipated to improve the growth of the creative sector and promote better understanding of intellectual property rights in Nigeria. Among the noteworthy elements and changes are:
The inclusion of the duration for the protection of anonymous and pseudonymous literary, musical or artistic works.
The expanded role of the Nigerian Copyright Commission.
The introduction of compulsory license to produce & publish translations; reproduce and publish works for certain purposes, license for broadcasting organizations and compulsory license for public interest.
The introduction of take down notice for online content which is similar to the United State DMCA take down notice.
Introducing a law for the blind, visually impaired, or otherwise print
disabled persons by adopting the Marrakesh Treaty.
Next Step
The Act is a welcome development that reflects Nigeria's commitment to fostering a conducive environment for creativity and innovation. It is hoped that the Act will stimulate the growth and diversification of the Nigerian economy, create more opportunities for employment and income generation, and enhance Nigeria's competitiveness in the global market. However, the success of the Act will depend largely on its effective implementation and enforcement by the relevant stakeholders, especially the NCC, CMOs, courts, law enforcement agencies, and users of creative works.
Conclusion
From one creative to the next, get yourself up to speed on the new Act, grasp the fundamentals of copyright as they apply to your industry, keep up with all IPSERIES content, and listen to episode 97 of my podcast where I went through each provision of the new Act for clarity.
Please share this email with your friends and contact groups if you enjoyed reading it. You can contact me by sending an email to ipseriesinfo@gmail.com