Federal Legislation

Copyright Act

An Act to make provisions for the definition, protection, transfer, infringement of and remedy and penalty thereof of the copyright in literary works, musical works, artistic works, cinematograph films, sound recordings, broadcast, and other ancillary matters.

  1. (1) subject to this section, the following shall be eligible for copyright-
  • literary works;
  • musical works;
  • artistic works;
  • cinematograph works;
  • sound recording; and
  • A literary, musical, or artistic work shall not be eligible for copyright unless-
    • sufficient effort has been expended on making the work to give it an original character;
  • the work has been fixed in any definite medium of expression now known or later to be developed, from which it can be perceived, reproduced or otherwise communicated either directly or with the aid of any machine or
  • An artistic work shall not be eligible for copyright, if at the time when the work is made, it is intended by the author to be used as a model or pattern to be multiplied by any industrial process.
  • A work shall not be ineligible for copyright by reason only that the making of the work or the doing of any act in relation to the work involved an infringement of copyright in some other
  1. (1) Copyright shall be conferred by this section on every work eligible for copyright of which the author or, in the case

of a work of joint authorship, any of the authors is at the time when the work is made, a qualified person, that is to say-

  • an individual who is a citizen of, or is domiciled in Nigeria; or
  • a body corporate incorporated by or under the laws of

(2) The term of copyright conferred by this section shall be calculated according to the table set out in the First Schedule to this Act.

In the case of anonymous or pseudonymous literary, musical or artistic works the copyright therein shall subsist until the end of the expiration of seventy years from the end of the year in which the work was first published:

Provided that, when the author becomes known, the term of copyright shall be calculated in accordance with paragraph 1 of the First Schedule to this Act.

(4) In the case of a work of joint authorship, a reference in the First Schedule to this Act to the death of the author shall be taken to refer to the author who dies last, whether or not he is a qualified person within subsection (1) of this section.

  1. (1) Copyright shall be conferred by this section on every work, which is eligible for copyright and which-
  • being a literary, musical or artistic work or a cinematograph film, is first published in Nigeria; or
  • being a sound recording, is made in Nigeria,

and which has not been the subject of copyright conferred by section 2 of this Act.

(2) Copyright conferred on a work by this section shall have some duration as is provided by section 2 of this Act in relation to the same type of work.

  1. (1) Copyright shall be conferred by this section on every work, which is eligible for copyright and is made by or under the direction or control of the Government, a State authority or prescribed international body.

(2) The term of copyright conferred by this section shall be calculated in accordance with the table set out in the First Schedule to this Act.

  1. (1) Subject to the exceptions specified in the Second Schedule to this Act, copyright in a work shall be exclusive right to control the doing in Nigeria of any of the following acts, that is-
  • in the case of a literary or musical work, to do and authorise the doing of any of the following acts-
  • reproduce the work any material form;
  • publish the work;
  • perform the work in public;
  • produce, reproduce, perform or publish any translation of the work;
  • make any cinematograph film or a record in respect of the work;
  • distribute to the public, for commercial purposes, copies of the work, by way of rental, lease, hire, loan or similar arrangement;
  • broadcast or communicate the work to the public by a loud speaker or any other similar device;
  • make an adaptation of the work;
  • do in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub- paragraphs (I) to (vii) of this paragraph;
  • in the case of an artistic work, to do or authorise the doing of any of the following acts, that is-
  • reproduce the work in any material form,
  • publish the
  • include the work in any cinematograph film,
  • make an adaptation of the work,
  • do in relation to an adaptation of the work in subparagraphs (I) to (iii) of this paragraph;
  • in he case of cinematograph film, to do or authorise the doing of any of the following acts, that is-
  • make a copy of the film,
  • cause the film, in so far as it consists of visual images to be seen in public and, in so far as it consists of sounds, to be heard in public,
  • make any record embodying the recording in any part of the sound track associated with the film by utilising such sound track,
  • distribute to the public, for commercial purposes copies of the work, by way of rental, lease, hire, loan or similar

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