Intellectual
property (IP) refers to creations of the mind, such as inventions; literary and
artistic works; designs; and symbols, names and images used in Commerce.
The Four Types of intellectual property
- Copyright
- Patent
- Trademark
- Trade Secret
Copyright
is a legal term used to describe the rights that creators have over their literary
and artistic works. Works covered by copyright range from books, music, paintings,
sculpture and films, to computer programs, databases, advertisements, maps and
technical drawings.
THE NIGERIAN COPYRIGHT ACT, CAP C28. Act to make provisions for the definition, protection, transfer, infringement of and remedy and penalty thereof of the copyright in literary works, musical works, artistic works, cinematograph films, sound recordings, broadcast and other ancillary matters.
Copyright Act
Chapter
68
Laws
of the Federation of Nigeria 1990
Part
1
Copyright
1.
Subject to this section, the following shall be eligible for copyright:
a. literary
works;
b.
musical works;
c.
artistic works;
d.
cinematograph works;
e.
sound recording; and
f.
broadcasts.
2. A literary, musical, or artistic work shall not be eligible for copyright unlessa.
Sufficient
effort has been expended on making the work to give it an original character;
b.
the work has been fixed in any definite 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.
3. 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.
4. A work shall not be ineligible 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 work.
5.
Copyright shall be conferred by this section on every work eligible for copyright
of which the author or, in the case of a work of joint authorship, any of the
authors is at the time when the work is made, a qualified person, that is to
saya. An individual who is a citizen of,
or is domiciled in Nigeria;
b. A
body corporate incorporated by or under the laws of Nigeria.
c. The
term of copyright conferred by this section shall be calculated according to
the table set out in the First Schedule to this Act. In the case of anonymous
or pseudonymous literary, musical or artistic works the copyright therein shall
subsist until the end of the expiration of seventy years from the end of the
year in which the work was first published:
Provided
that, when the author becomes known, the term of copyright shall be calculated
in accordance with paragraph 1 of the First Schedule to this Act.
d.
In the case of a work of joint authorship, a reference in the First Schedule to
this Act to the death of the author shall be taken to refer to the author who
dies last, whether or not he is a qualified person within subsection (1) of
this section.
6. (1) Copyright shall be conferred by this section on every work, which is eligible for copyright and which-
(a) Being a literary, musical
or artistic work or a cinematograph film, is first published in Nigeria; or
(b) Being a sound recording, is
made in Nigeria, and which has not been the subject of copyright conferred by
section 2 of this Act.
(2) Copyright conferred on a work by this section shall have some duration as is provided by section 2 of this Act in relation to the same type of work.
7. (1) Copyright shall be conferred by this section on every work, which is eligible for copyright and is made by or under the direction or control of the Government, a State authority or prescribed international body.
(2) The term of copyright conferred by this section shall be calculated in accordance with the table set out in the First Schedule to this Act.
8. (1)
Subject to the exceptions specified in the Second Schedule to this Act, copyright
in a work shall be exclusive right to control the doing in Nigeria of any of
the following acts, that is-
(a) In the case of a literary
or musical work, to do and authorise the doing of any of the following acts-
(i)
Reproduce the work any material form;
(ii)
Publish the work;
(iii)
Perform the work in public;
(iv)
Produce, reproduce, perform or publish any translation of the work;
(v)
Make any cinematograph film or a record in respect of the work;
(vi)
Distribute to the public, for commercial purposes, copies of the work, by way of
rental, lease, hire, loan or similar arrangement;
(vii)
Broadcast or communicate the work to the public by a loud speaker or any other
similar device;
(viii)
Make an adaptation of the work;
(ix)
Do in relation to a translation or an adaptation of the work, any of the acts specified
in relation to the work in sub-paragraphs (I) to (vii) of this paragraph;
(b) In the case of an artistic
work, to do or authorize the doing of any of the following acts, that is-
(i)
Reproduce the work in any material form,
(ii)
Publish the work.
(iii)
Include the work in any cinematograph film,
(iv)
Make an adaptation of the work,
(v) Do in relation to an adaptation of the work in subparagraphs (I) to (iii) of this paragraph;
(c) In the case of
cinematograph film, to do or authorise the doing of any of the following acts,
that is-
(i)
make a copy of the film,
(ii)
Cause the film, in so far as it consists of visual images to be seen in public and,
in so far as it consists of sounds, to be heard in public,
(iii)
Make any record embodying the recording in any part of the sound track
associated with the film by utilising such sound track,
(iv)
Distribute to the public, for commercial purposes copies of the work, by way of
rental, lease, hire, loan or similar arrangement.
(2)
The doing of any of the acts referred in subsection (1) of this section shall
be in respect of the whole or a substantial part of the work either in its
original form or in any form recognisably derived from the original.
(3) Copyright in a work of architecture shall also include the exclusive right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original, but not the right to control the reconstruction in the same style as the original of a building to which the copyright relates.
9. (1)
Copyright in a sound recording shall be exclusive right to control in Nigeria-
(a) The direct or indirect
reproduction, broadcasting or communication to the public of the whole or a
substantial part of the recording either in its original form or in any form
recognisably derived from the original;
(b) The distribution to the public for commercial purposes of copies of the work by way of rental, lease, hire, loan or similar arrangement.
(2) The exception specified in paragraphs (a), (h), (k), (l), and (p) of the Second Schedule to this Act shall apply to the copyright in sound recording in like manner as they apply to copyright in literary, musical or artistic work or a cinematograph film.
(3) The provision of the Third Schedule to this Act shall apply in respect of sound recording.
10.
(1)
Subject to this section, copyright in a broadcast shall be the exclusive right
to control the doing Nigeria of any of the following acts, that is-
(a) The recording and the
re-broadcast of the whole or a substantial part of the broadcast;
(b) The communication to the
public of the whole or a substantial part of a television broadcast, either in
its original form or in any form recognisably derived from the original; and
(c) The distribution to the
public for the commercial purposes, of copies of the work, by way of rental,
lease, hire, loan or similar arrangement.
(2)
The copyright in a television broadcast shall include the right to control the taking
of still photographs from the broadcast.
(3) The exceptions specified in paragraphs (a), (h), (k) and (o) of the Second Schedule to this Act shall apply to the copyright in a broadcast, in like manner as they apply to copyright in literary, musical or artistic work or a cinematograph film.
11.
(1)
Where the owner of the copyright in any literary, musical or artistic work authorises
a person to incorporate the work in a cinematograph film and a broadcasting
authority broadcasts the film, the owner of the copyright shall, in the absence
of any express agreement to the contrary between the owner and that person, be
deemed to have authorised the broadcast.
(2) Notwithstanding subsection (10 of this section, where a broadcasting authority broadcasts a cinematograph film in which a musical work is incorporated, the owner of the right to broadcast the musical work shall, subject to this Act, be entitled to receive fair compensation from the broadcasting authority.
12.
(1)
Copyright conferred by sections 2 and 3 of this Act, shall vest initially in the
author.
(2)
Notwithstanding subsection (6) of section 10 of this Act where a work-
(a) Is commissioned by a person
who is not the author’s employer under a contract of service of apprenticeship;
or
(b) Not having been so
commissioned, is made in the course of the author’s employment, the copyright
shall belong in the first instance to the author, unless otherwise stipulated
in writing under contract.
(3)
Where a literary, artistic or musical work is made by the 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 said proprietor
shall, in the absence of any agreement to the contrary, be the first owner of
copyright in the work in so far as the copyright relates to the publication of
the work in any newspaper, magazine or similar periodical,; or to the reproduction
of the work for the purpose of its been so published; but in all other respects,
the author shall be the first owner of the copyright in the work.
(4)
In the case of a cinematograph film or sound recording, the author shall be obliged
to conclude, prior to the making of the work, contracts in writing with all those
whose works are to be used in the making of the work.
(5) Copyright conferred by section 4 of this Act, shall vest initially in the Government on behalf of the Federal Republic of Nigeria, in the State authority on behalf of the State in question, or in the international body in question, as the case may be, and not in the author.
13.
(1)
Subject to the provisions of this section, copyright shall be transmitted by assignment,
by testamentary disposition or by operation of law, as movable property.
(2)
An assignment or testamentary disposition of copyright may be limited so as to
apply to only some of the acts which the owner of the copyright has the exclusive
right to control, or to a party only of the period of the copyright, or to a specified
country or other geographical area.
(3)
No assignment of copyright and no exclusive license to do an act the doing of which
is controlled by copyright shall have effect unless it is in writing.
(4)
A non-exclusive license to do an act the doing of which is controlled by copyright
may be written or oral, or may be inferred from conduct.
(5)
An assignment or license granted by one copyright owner shall have effect as if
granted by his co-owner also, and, subject to any contract between them, fees received
by the grantors shall be divided equitably between all the co-owners.
(6)
For the purpose of this section, persons shall be deemed to be co-owners-
(a) If they share a joint
interest in the whole or any part of a copyright; or (b) if they have interests in the various copyrights in a
composite production, that is to say, a production consisting of two or more
works.
(7)
An assignment, license or testamentary disposition be effectively granted or made
in respect of a future work or an existing work in which copyright does not yet
subsist; and the prospective copyright in any such work shall be transmissible by
operation of law as movable property.
(8) A testamentary disposition of material on which a work is first written or otherwise recorded shall, in the absence of any contrary indication, be presumed to include any copyright or prospective copyright in the work which is vested in the deceased.
14.
(1)
The owner of a copyright has the right-
(a) To claim authorship of his work, in particular that his authorship be indicated in connection with any of the acts referred to in section 5 of this Act except when the work is included incidentally or accidentally when reporting current events by means of broadcasting.
(b) To object and to seek
relief in connection with any distortion, mutilation or other modification of,
and any other derogatory action in relation to his work, where such action
would be or is prejudicial to his honour or reputation.
(2)
The rights referred to in subsection (1) of this section, are perpetual, inalienable
and imprescriptible.
(3)
For the purpose of this section, "author" includes his heirs and
successors-intitle.
12. (1) notwithstanding any assignment or sale of original work, the authors or graphic works, three-dimensional works and manuscript shall have an inalienable right to share in the proceeds of any sale of that work or manuscript by public auction or through a dealer whatever the method used by the latter to carry out the operation.
(2)
The right conferred by this section shall apply to originals of such work.
(3)
The conditions for the exercise of the right conferred by this section shall be
determined by regulations to be made by the Nigerian Copyright Council established
under section 30 of this Act.
(4)
The foregoing provisions of this section, shall not apply to architectural
works or applied art.
(5)
In this section, "author" includes heirs and successors-in-title.
13. Publishers, printers, producers or manufacturers of works in which copyright subsists shall keep a register of all works produced by them showing the following, that is-
(a) the name of the author;
(b) the title;
(c) year of production; and
(d) the quantity of work
produced.
14. (1) Copyright is infringed by any person who without the licence or authorisation of the owner of the copyright-
(a) does, or cause any other
person to do an act, the doing of which is controlled by copyright;
(b) imports into Nigeria,
otherwise than for his private or domestic use, any article in respect of which
copyright is infringed under paragraph
(a)
of this subsection;
(c) exhibits in public any
article in respect of which copyright is infringed under paragraph
(a)
of this subsection;
(d) distributes by way of
trade, offer for sale, hire or otherwise or for any purpose prejudicial to the owner
of the copyright, any article in respect of which copyright is infringed under
paragraph
(a)of
this subsection;
(e) makes or has in his
possession, plates, master tapes, machines, equipment or contrivances used for
the purpose of making infringed copies of the work;
(f) permits a place of public
entertainment or of business to be used for a performance in the public of the
work, where the performance constitutes an infringed 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 that the performance would be an
infringement of the copyright;
(g) Performs or cause to be
performed for the purposes of trade or business or as supporting facility to a
trade or business or as supporting facility to a trade or business, any work in
which copyright subsists.
Patents
What is a patent?
A
patent is an exclusive right granted for an invention, which is a product or a process
that provides, in general, a new way of doing something, or offers a new invention
must be disclosed to the public in a patent application.
Trademark
What
is a trademark?
Distinctive
design, graphics, logo, symbols, words, or any combination thereof that
uniquely identifies a firm and/or its goods or services, guarantees the item's genuineness,
and gives it owner the legal rights to prevent the trademark's unauthorized
use.
A
trademark must be following:
(1)
Distinctive instead of descriptive,
(2)
Affixed to the item sold, and
(3)
Registered with the appropriate authority to obtain legal ownership and protection
rights.
Trademark rights are granted usually for 7 to 20 years and, unlike in case of patents, are renewable indefinitely. These rights are protected worldwide by international intellectual property treaties and may be assigned by their owner to other parties.
Trade Secret
Trade secrets are the secrets of a business. They are proprietary systems, formulas, strategies, or other information that is confidential and is not meant for unauthorized commercial use by others. This is a critical form of protection that can help businesses to gain a competitive advantage.Although intellectual property rights protection may seem to provide a minimum amount of protection, when they are utilized wisely, they can maximize the benefit and value of a creation and enable world-changing technology to be developed, protected, and monetized.
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