A CRITICAL ANALYSIS OF THE CONCEPTS OF OWNERSHIP, AUTHORSHIP AND ALIENATION OF COPYRIGTHS IN NIGERIA

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SUMMARY

Generally, copyright belongs to the person who has created an original work. If they create something as part of their job, it belongs to their employer depending on the terms of their contract as the author can transfer his right. Copyright does not protect ideas as they are not new and are seen to be in the realm of public domain, it protects the expression of those ideas. In recent article Walt Disney Enterprise were said to have laid claim to the copyright in the fictional character ‘Loki’ which appears in their movies, they were said to issue out a warning to an artist who designed a piece with Loki as the central focus. By the very nature of copyright a character such as Loki which takes its roots from Scandinavian mythology as it is a mere idea in the realm of public domain.

Authorship and Ownership as distinct concepts under the copyright law are very important in exploiting the benefits of a work and laying claim to copyright protection. Ownership can be said to flow from authorship as the person who Makes the work is normally the first owner of the copyright in the work, if has created the Work in the course of employment, in which case his employer will be the owner of copyright depending on the terms of the employment contract. The owner of the copyright in a work may decide to exploit the work in several ways as he has the full control of the use of the work, he may exploit the use of one or more contractual methods. He may Grant a license to allow another person to carry out certain acts in relation to the work, such as making copies on which case he retains ownership of copyright. Alternatively, the owners may assign the copyright to another that is transfer the ownership of the copyright to a new owner, relinquishing the economic rights under copyright law.

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