A COMPARATIVE STUDY ON THE EFFICACY OF SECTION 77 IN THE COPYRIGHT ACT 2022 IN NIGERIA

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ABSTRACT

As society changes phase so is man which is deemed the prominent agents in the social structure. The society today is birthed with innovations which triggers this change either by revolutionary means or evolutionary means. Man, in cooperation with this change metamorphose both physically and in ideology. To impede the dissemination of anarchy in the society which may arise from these innovations, such as irrational duplication of a creative work or counterfeiting of technological production, various legal framework has been set up to protect the creativity of inventors. In Nigeria as a case study, “The Copyright Act 2022 as well as others intellectual property laws such as Patent and Designed Act 1990, Trademark Act CAP 13 LFN 2004” have emerge to protect a creator and innovator from breach of interest. This study tends to examine the creativity of man in the society and the historical evolution of copy right laws in Nigeria. This study Assess the legal framework of copyright laws in Nigeria particularly Section 77 of the Copyright Act 2022 which establishes the Nigeria Copyright Commission (NCC) as a regulatory agency of copyright in Nigeria, comparing it with the copyright regulatory agencies of others jurisdiction like United States of America. This study compares section 77 of the Copyright Act with relevant provisions in earlier copyright legislation to identify legal development. In evaluation, this study will employ research methodology on both primary source of legal materials like the Copyright Act 2022 of Nigeria and that of the United States of America, and secondary sources such as Journals, books and digest. The comparative study traces the evolution of copyright laws in Nigeria, highlighting legislative shifts and amendments that have shaped the contemporary legal landscape, through a meticulous examination of relevant provisions in preceding copyright laws. This study identifies notable legal developments, providing insights into the evolution of copyright enforcement mechanisms. This study is expected to find whether there exist nuances and practical implications of Section 77 in real-world legal scenarios, contributing to a nuanced understanding of its impact, the extent of concordance of the Nigeria copyright regulatory agencies with that of other jurisdiction particularly the United States of America. Conclusively, this study also examines the challenges faced by the NCC and other agencies in discharge of their functions and obligations, proposing recommendations for potential amendments or improvement to enhance copyright enforcement in Nigeria

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