by Esegi Maureen
The Copyright Bill, 2022 was signed into law by the Nigerian President on March 17, 2023, resulting in the repeal of the Copyright Act of 2004. This newly signed bill will likely be referred to as the Copyright Act of 2023.
The Act provides a comprehensive explanation of copyright, encompassing various forms of creative works such as audiovisual, musical, artistic, literary, and broadcast. Furthermore, it tackles concerns related to digital and online usage of copyrighted works by enhancing author rights and imposing stricter punishments for criminal violations. Additionally, the Act specifically safeguards audio-visual works in digital content. It declares it unlawful to utilize any form of internet content, including images, films, sound recordings, and other outputs, without the creators’ consent.
Section 2(1) of the Copyright Act 2022 makes provisions for works to qualify for copyright and they include
(a) literary works;
(b) musical works;
(c) artistic works;
(d) audiovisual works;
(e) sound recordings; and
(f) broadcasts.
A literary, musical, or artistic work shall not be eligible to be copyrighted unless the following occurs, according to Section 2(a-b) of the Copyright Act:
(a) some effort has been expended on making the work, to give it an original character; and
(b) the work has been fixed in any medium of expression 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.
The legal privilege known as copyright protects the owner of intellectual property from exploitation, it protects an author’s work from indiscriminate usage by forbidding the unauthorized copying and distribution of their creations. Among other things, intellectual property includes things like creative and literary works, computer programs, designs, marks, and innovations.
The Act brings significant benefits to creators, inventors, and brand owners, especially those in the digital realm. It aims to balance the fair compensation of artists with the public’s access to new works and information. Furthermore, the Act addresses the challenges faced by copyright holders in the digital sphere and empowers them to take legal action against online infringements. Overall, the Act demonstrates a bold step in addressing the risks posed by technological advancements.
Important New Clauses of the Act1:
Furthermore, the Copyrights Act 2022 offers substantial advantages to creators, inventors, and brand owners, particularly those operating in the digital landscape. It strives to strike a harmonious balance between ensuring fair and proper compensation for artists and promoting public interest in accessing new works and intellectual creations. Furthermore, the Act effectively tackles the formidable challenges faced by copyright holders in the digital domain by granting them the authority to take legal action against online infringements of their works. This Act represents a courageous endeavour to address the imminent perils associated with technological advancements.
Footnotes
1. Copyrights Act 2022
2. Section 54 and 55 Copyrights Act 2022.
3. Section 2(1) copyrights act 2022
4. Section 26.
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