ABSTRACT
Copyright is an aspect of intellectual property. It is a proprietary right which relates to literary, artistic, musical works, sound recordings, cinematograph films and broadcasts. Copyright confers on the author of such works the exclusive rights to either authorise the use of the works or forbid (prohibit) the use, reproduction, translation, publication, adaptation, performance or exploitation of such works without authorisation by the proprietary owner or copyright owner. The Copyright Act Cap C28, Laws of the Federation of Nigeria, 2004 (Nigerian Copyright Act) which is the main statute that provides for copyright protection in Nigeria, simply provides that copyright means copyright under this Act. However, copyright protection in Nigeria is faced with a lot of challenges which include unauthorised use of copyright works, poor remuneration, poor enforcement of legal rights as it concerns copyright and in view of technological advancement, copyright challenges associated with internet and digitalization. This research therefore examines the copyright protection in Nigeria and the challenge of the internet and digitalization using the doctrinal methodology of research.
This study finds that there exist some measures of legal and institutional framework for the protection of copyrights in Nigeria and that there is a high prevalence of infringement of copyrights through the internet/digital medium in Nigeria. The study also finds that the extant Nigerian Copyright Act and its subsidiary regulations does not sufficiently address the issue of the infringement of copyrights through the internet/digital platforms unlike in the United Kingdom and the United States of America, where there are elaborate legal and institutional measures to prevent infringement of copyrights vide the internet/digital platforms. The study further finds that the current Bill on Internet/Digital platforms in Nigeria, though well thought out still fell short of addressing crucial issues like the liability of Internet Service Providers (ISPs) and International Organisation for Standardisation (ISO) etc.
The study makes recommendation for a review of the extant Copyright Act to make it address the specific issue of the infringement of copyrights through the internet/digital platforms. The study also recommends a review of the provisions of and the speedy passage of the Bill on Internet Copyright in Nigeria.
