AN ASSESSMENT OF THE COMPLIANCE AND IMPLICATIONS OF THE DOCTRINE OF FAIR DEALING TOWARDS THE PROTECTION OF COPYRIGHTED WORKS IN ACADEMIC LIBRARIES IN NIGERIA

ABSTRACT

This research work examines the evolution of academic library in Nigeria, it particularly queries the implications of copyright infringements and the defense of fair dealing by user and members of staffs of an academic library. This work limits its scope of influence to only Academic libraries i.e., Libraries that are established and attached to academic institutions such as universities, polytechnic, colleges of education etc.The research finds thatLibraries enjoy a lot of concession which includes the use of which is considered ‘fair dealing’. The works discovers that Fair dealing is a privilege that allows the user of a copyrighted material to use it in a reasonable manner without the owner’s consent notwithstanding the monopoly statutorily guaranteed to the owner. Fair use or fairs dealing is an exception to the copyright law which the Act provided so as to create a balanced use of creative works between the copyright holder and the general public without which the general development of the society may be hampered. Specifically to the library users, the essence of fair dealing is to allow researchers or students to reprint or quote portions of intellectual property if they are compatible with the fairs practice. Regrettably this work finds that there is inadequate awareness of the implication of copyright violation and the nature of Fair dealing in the management of academic libraries. This work also find that if this concerns are not addressed, the incentive enjoyed by creator of libraries work to continue production of valuable masterpieces, may seize to exist.