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Legal News & Articles

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LearningTheLaw > Legal News & Articles (Page 9)

Economic Rights of Copyright Owners in Nigeria

A hotel in Victoria Island plays a curated playlist of Afrobeats music in its lobby and poolside areas, seven days a week, to create atmosphere for paying guests. A cable television provider transmits music videos and films carrying background scores composed by Nigerian artists. A streaming platform makes an Afrobeats album available for on-demand listening anywhere in the world. In all three scenarios, copyrighted works are being commercially exploited by parties who have not created them. The question this article answers is what rights the creators and rights holders actually hold against these parties, and what the Copyright Act 2022...

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Copyright Ownership in Nigeria: Authors, Joint Authors, Employers and Commissioners

A wedding videographer in Abuja films a couple's traditional engagement ceremony and later discovers the couple has reposted clips of his footage, with his watermark removed, on a paid promotional reel for their own business. A session vocalist records the hook on what becomes a chart-topping Afrobeats single, while the actual composer wrote every note and lyric in advance. A graphic designer employed full-time by a Lagos advertising agency creates a campaign logo during work hours, then later freelances the exact same design to a rival client. In every one of these situations, the underlying creative work is plainly eligible...

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What is Intellectual Property Law in Nigeria?

Every time a Nollywood producer releases a film, an Afrobeats musician records a song, or a manufacturer in Aba puts a label on a shoe, intellectual property law is working in the background. It decides who owns the idea, who can profit from it, and who can be stopped when someone else tries to take it. For Nigerian law students, understanding what intellectual property law is and how it operates in Nigeria is not just an academic exercise. The industries that intellectual property law governs, from music and film to pharmaceuticals and consumer goods, sit at the heart of the...

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Conditions for Copyright Protection in Nigeria: Originality, Fixation and Qualifying Factors

A Nigerian software company discovers that a competitor has installed unlicensed copies of Microsoft Windows across its entire office network. Microsoft Corporation, a company incorporated in the United States, wants to sue for infringement in a Nigerian court. Does it have any right to do so? This is not a hypothetical concern. It is, almost word for word, the question that reached the Nigerian Court of Appeal in 2011, and the answer the court gave has shaped how foreign copyright owners approach Nigerian litigation ever since. Works Eligible for Copyright in Nigeria Under the Copyright Act 2022 established what kind of...

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Works Eligible for Copyright in Nigeria Under the Copyright Act 2022

A university student in Ibadan films a comedy skit on her phone, writes the jingle that plays over it herself, and posts it online. A software developer in Yaba builds a budgeting app and writes every line of its code from scratch. An Afrobeats producer lays a new beat under a sample of a forgotten highlife record from the 1970s. All three have created something. The question this article answers is which of these creations actually qualifies for copyright protection under Nigerian law, and what conditions each one must satisfy before the law will recognise it as a protected work...

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International Copyright Conventions and Nigeria: Berne, Rome, UCC and TRIPS

When a Nollywood film streams in London, when an Afrobeats producer samples a Jamaican dancehall riddim, or when a UK record label licenses a Burna Boy track for an advertisement, a quiet question sits underneath the transaction: whose copyright law applies, and does Nigerian protection mean anything outside Nigeria's borders? The answer lies in a small group of international treaties that Nigeria has joined over the past three decades. Understanding what these treaties require, and just as importantly, what Nigeria has and has not actually brought into its domestic law, is essential before any other topic in copyright law can...

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