COPYRIGHT ACT, 2022

COPYRIGHT ACT, 2022

Nigeria Coat of Arms

ARRANGEMENT OF SECTIONS

Section:

COPYRIGHT ACT, 2022

ACT No. 8

AN ACT TO REPEAL THE COPYRIGHT ACT, CAP C28, LAWS OF THE FEDERATION OF NIGERIA, 2004 AND ENACT THE COPYRIGHT ACT 2022 TO PROVIDE FOR THE REGULATION, PROTECTION AND ADMINISTRATION OF COPYRIGHT; AND FOR RELATED MATTERS

[17th Day of March, 2023]

ENACTED by the National Assembly of the Federal Republic of Nigeria—

PART I — OBJECTIVES, SCOPE AND SUBSISTENCE OF COPYRIGHT

  1. Objectives of the Act.
  2. Works eligible for copyright.
  3. Ineligibility for copyright.
  4. Formalities.
  5. Copyright by virtue of nationality or habitual residence.
  6. Copyright by reference to country of origin.
  7. Copyright in works of government, state authorities and international bodies.
  8. Copyright by reference to international agreements.
  9. Nature of copyright in literary and musical works.
  10. Nature of copyright in artistic works.
  11. Nature of copyright in audiovisual works.
  12. Nature of copyright in sound recordings.
  13. Nature of copyright in broadcasts.
  14. Author’s moral rights.
  15. Right to remuneration for broadcasting of sound recordings.
  16. Broadcasting of works incorporated in an audio-visual work.
  17. Right to share in proceeds of sale.
  18. Commencements of rights.
  19. Duration of copyright.

PART II — EXCEPTIONS TO COPYRIGHT

  1. General exceptions.
  2. Acts for purposes of instruction or examination.
  3. Recording of broadcasts by educational establishments.
  4. Restriction on reprographic copying by educational institutions.
  5. Subsequent dealings with authorised copies.
  6. Special provisions for archives, libraries, museums and galleries.
  7. Special exceptions for blind, visually impaired, or otherwise print disabled persons.
  8. Special exceptions in respect of sound recordings of musical works.

PART III — OWNERSHIP, TRANSFERS AND LICENCES

  1. First ownership of copyright.
  2. Ownership of copyright in collective works.
  3. Assignment and licence.
  4. Compulsory licence to produce and publish translations.
  5. Compulsory licence to reproduce and publish works for certain purposes.
  6. Licence for broadcasting organisations.
  7. Definitions for the purposes of sections 31-33.
  8. Compulsory licence for public interest.

PART IV — COPYRIGHT INFRINGEMENTS

  1. Infringement of copyright.
  2. Action for infringement.
  3. Order for inspection and seizure.
  4. Limitation to the right of action.
  5. Forfeiture of infringing copies.
  6. Infringement actionable as a breach of statutory duty.
  7. Admissibility of affidavit evidence.
  8. Presumptions.

PART V — COPYRIGHT OFFENCES

  1. Criminal liability.
  2. Aiding and procuring copyright offence.
  3. Offence by bodies corporate.
  4. Simultaneous actions.

PART VI — ANTI-PIRACY AND OTHER MEASURES

  1. Duty to keep records.
  2. Anti-piracy measures.
  3. Circumvention of technological protection measures.
  4. Falsification, alteration or removal of rights management information.
  5. Actions for circumvention of technological protection measures and rights management information.
  6. Restriction on importation.

PART VII — PROVISIONS RELATING TO ONLINE CONTENT

  1. Notice to take down.
  2. Take down of infringing content.
  3. Procedure for suspension of accounts of repeat infringers.
  4. Misrepresentation.
  5. Information domiciled in systems or networks at direction of users.
  1. Information location tools.
  2. Identification of infringer.
  3. Blocking access to online content.
  4. Application of this Part.

PART VIII — PERFORMER’S RIGHTS

  1. Right of performers.
  2. Protected performance.
  3. Presumption of consent.
  4. Moral rights of performers.
  5. Collective performances.
  6. Exceptions to performer’s rights.
  7. Transfer of performer’s rights in audio-visual fixations.
  8. Duration of performer’s right.
  9. Infringement of performer’s right.
  10. Action for infringement of performer’s right.
  11. Criminal liability in respect of infringement of performer’s right.

PART IX — EXPRESSIONS OF FOLKLORE

  1. Protection of expressions of folklore.
  2. Infringement of expressions of folklore.
  3. Criminal liability in respect of infringement of expressions of folklore.

PART X — ESTABLISHMENT OF NIGERIAN COPYRIGHT COMMISSION AND COPYRIGHT ADMINISTRATION

  1. Establishment of the Nigerian Copyright Commission.
  2. Functions and powers of the Commission.
  3. Establishment and membership of the Governing Board.
  4. Tenure of office.
  5. Cessation of membership.
  6. Removal of the Chairman or any member of the Board of the Commission.
  7. Appointment of the Director-General and other staff of the Commission.
  8. Removal of the Director-General, Chairman and other members of the Board.
  9. Appointment of other staff of the Commission.
  10. Copyright Officers.
  11. Registration of Works.
  12. Collective Management Organisations.
  13. Levy on copyright material.
  14. Dispute Resolution Panel.

PART XI — FINANCIAL PROVISIONS

  1. Establishment of Fund for the Commission.
  2. Expenditure of the Commission.
  3. Annual estimates, accounts and audit.
  4. Annual report.
  5. Borrowing and investment power of the Commission.

PART XII — MISCELLANEOUS PROVISIONS

  1. Power to accept gifts.
  2. Regulations.
  3. Application of the Pensions Reform Act.
  4. Power of the Minister to give directives.
  5. Restriction on execution against property of the Commission.
  6. Indemnity.
  7. Avoidance of conflict of interest.
  8. Jurisdiction.
  9. Limitation on suit against the Commission.
  10. Service of documents.
  11. Repeals and savings provisions.
  12. Transitional provisions.
  13. Interpretation.
  14. Citation.

SCHEDULE