ADMINISTRATION OF COPYRIGHTS

Copyright administration is a crucial aspect of intellectual property law that

involves legal procedures and responsibilities aimed at protecting creative

works. Copyright is simply the exclusive right granted to an originator of

creative work to reproduce the work for a limited period. Not all works can be

copyrighted; the Act seeks to protect the creative works of authors, artistic

works, songwriters, music publishers, cinematograph films, photographers, and

all rounds creative.

Copyright protection must be carried out within an existing legal framework.

Generally, the term copyright law is a branch of that part of law which deals

with the rights of intellectual creators and such rights are respected by the laws

of most countries, Nigeria inclusive. The reasons for this respect of the rights of

creators are the needs to stimulate and foster the creativity of men and women

in the society.1 The word copyright is a species of intellectual property with its

own unique character. 2 First it is a property right that at the same time exhibits

features of a personal right.

Rationalizing the classification of copyright as property Erie, J. had argued in

JEFFREYS BOOSEY.3

“It is true that property in the order of words is a mental abstraction, but so also

are many other kinds of property. For instance, the property in a stream of water

which is not in any of the atoms of the water, but in the flow of the stream. The

1 E.E. Uvieghara “copyright Law and administration (1992)” P.1 Published by Y. Books
1
2 J.O. Abein “Nigerian copyright law and practice (2003) P.5 published by Nigerian copyright commission
Abuja First Edition
3 (1885)4 H.L.C. P.815
right to stream none the less a right of property, either because generally

belongs to the proprietor, or because the remedy for a violation of the right is by

action in the case, instead of the detinue or troves.” In essence, if the person

who makes physical objects through manual labour and craft is readily granted

property right in his product, then there is a moral persuasion why another

should be allowed to enjoy similar treatment and obtain proprietary rights over

the products of his mind.

THE DEVELOPMENT OF COPYRIGHT LAW IN NIGERIA

The body of laws relating to copyright in Nigeria developed over time and is

still developing. There are two views on how this body of law developed in

Nigeria.

The first view traces it to the influence of foreign political and economic forces.

By this, reference is made to the extension of the English Copyright Act 1911 to

Nigeria under colonial government. The other view has it that copyright is part

of our traditional concept and has been in existence for as long as the culture of

the people.

The proponents of this view draw their support from the practice where dancers

and singers pay tribute to their predecessors in the trade before they commence

performance.4 It seems, however, that the first view enjoys more support as the

authorities point more to the fact that Nigerian copyright law has its roots in

England. Thus, a discourse of this type must of necessity start with the

development of the law in England. 5 The first copyright law was a censorship

2
4 Adewopo, Copyright System (n.1), p.4.
5 Ibid.
 law. It was not about protecting the rights of authors, or encouraging them to

produce new works. Authors’ rights were in little danger in Sixteenth Century

England and the arrival of the printing press was if anything energizing to

writers. The English government then became concerned about too many works

being produced by the writers. The new technology was making seditious

reading material widely available for the first time and the government urgently

needed to control the flood of print matter, censorship being as legitimate an

administrative function then as building roads. For this purpose, the English

Crown found a formidable ally in the guild of “Stationers” and the censorship

law was in the form of a Charter granted to the stationers by the Crown.6

In the early days, the stationers had through their practices developed certain

usages and customs which were made to ensure exclusivity of rights over books

they had acquired from authors, in order to prevent copying by persons who
7
were not members of their guild. Thus, in 1534, the Stationers secured

protection against the importation of foreign books and in 1556, Mary Tudor,

with her acute concern about religious opposition, granted the Stationers’

Company a charter. This gave a power, in addition to the usual supervisory

authority over the craft, to search out and destroy books printed in contravention

of statute or proclamation. The company was enabled to organise what was in

effect a licensing system by requiring lawfully printed books to be entered in its

6 Ibid
7 Ibid
8 W Cornish and D Llewelyn, Intellectual Property: Patents, Copyright, Trademarks and Allied Rights (London: Sweet and
Maxwell, 2007) p.375; D L Zimmerman, “It’s an Original! (?): In Pursuit of Copyright’s Elusive Essence,” Columbia Journal
of Law and Arts, Vol. 28 (2005): p.187; J Ginsburg, “‘Une Chose Publique’? The Author’s Domain and the Public Domain in
Early British, French and US Copyright Law,” (Public Law and Legal Theory Working Paper, No. 06-120, 2006) p.1-4; B
Kaplan, An Hurried View of Copyright (New York: Columbia University Press, 1967) p.4-5. 3
register. The right to make an entry was confined to company members, this

being germane to the very purpose of the charter. 8 This system continued until

1662 but lapsed in 1679. King James II revived it for seven years in 1685 until

1694 when Parliament finally refused to renew the charter.

The Stationers, who had argued forcefully against their loss of protection, were

left with such claim to “copy-right” as they could make out of their own

customary practices surrounding registration. As they also lost their search and

seizure powers, and equity had not yet begun to grant injunctions to protect any

interest they might establish, their only hope was common law and this they put

to no decisive test.

Thus, the stationers needed definite substantive rights and effective procedures

to enforce them. So they approached parliament and offered the then novel

argument that authors had a natural and inherent right of ownership in what they

wrote, and that furthermore, such ownership could be transferred to other

parties by the contract, like any other form of property.

This argument paid off and saw the birth of the first recognizable modern

copyright law and in fact the first Intellectual Property Law - the Copyright Act

of 1710 also known as the Statute of Anne.

Interestingly, the Act was concerned with interest in books and other writings. 9

It granted sole right and liberty of printing books to authors and their assigns,

9 A Baron, “Copyright Law and the Claims of Art,” Intellectual Property Quarterly, No. 4 (2002): p.368
10 Cornish and Llewelyn (n. 11), p. 376

4
but this right stems nonetheless from commercial exploitation rather than

literary creation.10 Enforcing the right depended upon registering the book’s title

before publication with the Stationers’ Company and this was enforceable by

seizures and penalties.

The right has a life span of 14 years subject to extension for another 14 years if

the author was alive at the time of the first expiration. Soon after the passage of

the Act, other creative arts started yearning for protection of their works,

particularly the visual arts. Protection was first extended to engravings in 1735-

1777; sculptures in 1798-1814; and paintings, photographs and drawings in

1862; performing rights in 1833-1842.

In the early twentieth century, parliament saw it fit to bring all these measures

into a single code since they all deal with the same subject – copyright, hence

the enactment of the Copyright Act, 1911. The 1911 Act was also influenced by

international concerns regarding copyright – need for foreign works to be

afforded protection outside their shores and the need to set some form of

international standards. The result of this was the Berne Convention of 1886

under which either the personal connection of the author with a Member State,

or first publication in a Member state, was to secure copyright in others, under

the principle of national treatment.

At the Berlin revision of the Convention in 1908, Britain was obliged to accept

the majority consensus on two matters: protection was to arise out of the act of

creation itself, without any condition of registration or other formality – which

5
 obliged Britain to abandon the traditional requirement of Stationers’ Company

registration before suing; and the period of protection for most types of work

was put to at least the author’s life and 50 years.11

Being a colony of Britain, and in order to protect the interests in creative

products from Britain, Britain extended the 1911 Act to Nigeria through Order-

in-council No. 912 of 24 June, 1912 which was made under section 25 of the

1911 Act.12 It is significant to note that although a new Copyright Act was

passed in England in 1956, Nigeria still continued to apply the 1911 Act until

1970 when the first indigenous Copyright Act was promulgated as Decree No.

61 of 1970, ten years after independence.13

According to Adewopo, the 1970 Decree came into force on 24 December of

that year. It was however found to be very defective in many aspects. For

instance, under the Decree, copyright for literary, musical and artistic works,

cinematograph films and photographs lasted for only 25 years after the end of

the year in which the author died.

In the area of administration, there was no effective structure under the Decree

and there was also no Copyright Licensing Panel. The Decree only made

provisions for civil suit at the instance of the copyright owner with regards to

enforcement and the criminal sanction was very minimal as the maximum

penalty was N0.05K (Five kobo) per item seized up to a maximum of N10 (Ten

Naira), with a possible prison sentence of 2 months for a second offence. In

11 Ibid
12 O F Babafemi, Intellectual Property: The Law and Practice of Copyright, Trade Marks, Patents and Industrial, Designs in
Nigeria (Ibadan: Justinian Books, 2006) p.5 6
13 Babafemi (n. 22), p.5; Adewopo, Copyright System (n.1), p.5
essence, enforcement was largely left in the hands of rights owners. It was these

lapses and more that led to the promulgation of the Copyright Decree No. 47 of

1988. That Decree, now an Act has been amended twice in 1992 and 1999.

Observers have described the present Copyright Act as the most progressive in

our legislative effort and the reason is not unconnected with the fact that the Act

was fashioned after the World Intellectual Property Organisation (WIPO) Tunis

model which has incorporated standard provisions reflecting current trends in

global copyright legislation.

Specifically, under the new Act there is now a body known as the Nigerian

Copyright Commission with a governing board serving as the institutional

frame work for administration and regulation of copyright in Nigeria. There is

also established a copyright licensing Panel under the Act and a stronger regime

for criminal sanctions.

THE ROLE PLAY BY THE NIGERIAN COPYRIGHT COMMISSION

The Nigerian copyright council is the main statutory body charge with the

administration of all copyright matters throughout, the country. The council was

established under the act as a cooperate body to administer the regulating

conditions of the conclusion of bilateral and multilateral agreement between

Nigeria and other countries, and also maintaining an effective data base on

authors and their work.14 The Nigerian council was re-designed to the status of

the commission sometimes in April, 1996 and charged with the following

responsibilities;
14 Section 30 copyright Act of 1989 7
1. The certification of countries that are parties to treaty obligations for the

purpose of determining whether a copyright work may enjoy copyright by

virtue of such international obligations and such a certificate is a

conclusive proof of the evidence.

2. The regulation of the conditions for the exercise of the right of an author

of graphic works.

3. The issuance of exemption certificate for the purpose of enabling to

commence an action for the infringement of copyright. 15

4. The commission is responsible to received and disbursement funds

among approved societies from the imposition of compulsory levy on any

materials used or being use to infringe copyright work. 16

5. The commission is responsible for the granting compulsory licenses in

accordance with the act.

6. The commission is also responsible for carrying out of such directives of

a general public or special character with respect to its functions among

others. 17

PROCESS OF COPYRIGHT ADMINISTRATION:

1. Creation of Copyright:
Copyright protection is automatic upon the creation of an original work fixed in

a tangible medium of expression. This includes literary works, music, art,

15 Section 17 of the Act

16 Section 40 of the Act 8
17 Section 37(1) of the Act
software, and other creative expressions. Registration with the copyright office

is not mandatory but provides legal benefits.

2. Copyright Registration:
Creators can register their works with the copyright office. Registration

strengthens legal protection, providing evidence of ownership and enabling

legal action against infringers. The registration process typically involves

submitting the work and a nominal fee.

3. Licensing and Assignment:

Copyright owners can license their rights to others, specifying usage terms and

conditions. Licensing agreements outline how the work can be used, by whom,

and for what purposes. Copyrights can also be fully or partially transferred

(assigned) to others.

4. Enforcement of Copyright:
If infringement occurs, copyright owners can take legal action. This often

involves sending cease and desist letters, negotiating settlements, or filing

lawsuits in court. Infringers can face legal penalties, including fines and

damages.

5. Renewal and Monitoring:

Copyright owners need to monitor their works and, if applicable, renew

copyrights to maintain protection. Monitoring involves keeping an eye on the

use of the work and taking legal action against unauthorized users.

9
IMPORTANCE OF COPYRIGHT ADMINISTRATION:
1. Protection of Intellectual Property:
Copyright administration safeguards intellectual property rights, encouraging

creativity and innovation by ensuring creators are rewarded for their efforts.

2. Economic Benefits:
Copyright protection stimulates economic growth by incentivizing creators to

produce new works. It allows creators to monetize their creations through

licensing, sales, or other business models.

3. Legal Recourse:
Proper copyright administration provides a legal basis to challenge unauthorized

use. It acts as a deterrent, reducing the likelihood of infringement and ensuring

creators can protect their creations.

4. International Protection:
Copyright protection extends internationally through treaties like the Berne

Convention. Proper administration ensures protection not only within the

creator's country but also in member countries of these international

agreements.

5. Cultural Preservation:
Copyright administration supports the preservation of cultural heritage by

protecting traditional arts, folklore, and cultural expressions, ensuring they are

not exploited without consent.

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6. Technological Advancement: In the digital age, copyright administration is

crucial in protecting digital content, software, and online creations, fostering

technological innovation and creativity in the digital space.

THE REGISTRATION PROCESS OF A COPYRIGHT IN NIGERIA

It is essential to state that registering a copyright is not a precondition for the

work to be protected. Hence, copyright may not need to be registered. The

rights enjoyed simply activate automatically when the work is created.

However, registered copyright with the Nigerian Copyright Commission (NCC)

prevents others from copying the work and protects the author from any

infringement.

The application for Copyright is submitted to the office of the Commission

accompanied by the prescribed fees, a completed registration form, and copies

of the work to be copyrighted.

Upon registration, the rights enjoyed by the license holder are limited to the

duration of the lifetime of the holder and 70 years after his death.

For films, sound recordings, performances, the holder enjoys Copyright for 50

years from the time the work was first published.

FUNCTIONS OF THE NIGERIAN COPYRIGHT COMMISSION (NCC)

The functions of the NCC are as follows:18

 The Commission shall be responsible for all matters affecting Copyright

in Nigeria.

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  Monitor and supervise Nigeria's position in relating to international

convention and advised Government.

 Advise and regulate conditions for the conclusion of bilateral and

multilateral agreements between Nigeria and any other Country.

 Enlighten and inform the public on matters relating to Copyright

 Maintain an effective data bank on authors and their works.

 Be responsible for such other matters as relating to Copyright in Nigeria

as the Minister may, from time to time, direct.

RIGHTS PROTECTED BY COPYRIGHT

Copyright protects two types of rights, Economic rights and Moral rights.19

 Economic rights allow right owners to derive financial reward from the

use of their works by others.

 Moral rights allow authors and creators to take certain actions to preserve

and protect their link with their work. The author or creator may be the

owner of the economic rights or those rights may be transferred to one or

more copyright owners. Many countries do not allow the transfer of

moral rights.

ECONOMIC RIGHTS
With any kind of property, its owner may decide how it is to be used, and others

can use it lawfully only if they have the owner’s permission, often through a

license. The owner’s use of the property must, however, respect the legally

recognized rights and interests of other members of society. So the owner of a

19 Understanding Copyright and Related Rights. www.wipo.int/publications 12

18 Section 34 (3) of the Copyright Act
copyright-protected work may decide how to use the work, and may prevent

others from using it without permission. National laws usually grant copyright

owners exclusive rights to allow third parties to use their works, subject to the

legally recognized rights and interests of others.

Most copyright laws state that authors or other right owners have the right to

authorize or prevent certain acts in relation to a work. Right owners can

authorize or prohibit:

• Reproduction of the work in various forms, such as printed publications or

sound recordings;

• Distribution of copies of the work;

• Public performance of the work;

• Broadcasting or other communication of the work to the public;

• Translation of the work into other languages; and

• Adaptation of the work, such as turning a novel into a screenplay.

The following section explains these rights in greater detail.

Rights of reproduction, distribution, rental and importation

The right of copyright owners to prevent others from making copies of their

works without permission is the most basic right protected by copyright

legislation. The right to control the act of reproduction – be it the reproduction

of books by a publisher or the manufacture by a record producer of compact

13
discs containing recorded performances of musical works – is the legal basis for

many forms of exploitation of protected works.

Other rights are recognized in national laws in order to ensure that this basic

right of reproduction is respected. Many laws include a right to authorize the

distribution of copies of works. The right of reproduction would be of little

economic value if copyright owners could not control distribution of copies of

their works made with their consent. The right of distribution usually terminates

upon first sale or transfer of ownership of a particular physical copy. This

means, for example, that when the copyright owner of a book sells or otherwise

transfers ownership of a copy of the book, the owner of that copy may give the

book away or even resell it without the copyright owner’s further permission.

The question of applying this concept to digital files is under consideration in

various national legal systems.

Another right that is gaining increasing recognition, is the right to authorize

rental of copies of certain categories of works, such as musical works in sound

recordings, audiovisual works and computer programs. This became necessary

in order to prevent abuse of the copyright owner’s right of reproduction when

technological advances made it easy for rental shop customers to copy such

works.

Finally, some copyright laws include a right to control importation of copies as

a means to prevent erosion of the principle of territoriality of copyright. The

right is based on the premise that the legitimate economic interests of copyright

14
owners would be endangered were they not able to exercise their rights of

reproduction and distribution on a territorial basis. Certain forms of

reproduction of a work are subject to exemptions from the general rule, because

they do not require the permission of the right owner. These exemptions are

known as limitations or exceptions to rights.

MORAL RIGHTS

The Berne Convention, requires its members to grant authors the following

rights: (i) the right to claim authorship of a work (sometimes called the right of

paternity or the right of attribution); and

(ii) the right to object to any distortion or modification of a work, or other

derogatory action in relation to a work, which would be prejudicial to the

author’s honor or reputation (sometimes called the right of integrity). These and

other similar rights granted in national laws are generally known as the moral

rights of authors. The Berne Convention requires these rights to be independent

of authors’ economic rights. Moral rights are only accorded to individual

authors and in many national laws they remain with the authors even after the

authors have transferred their economic rights. This means that even where, for

example, a film producer or publisher owns the economic rights in a work, in

many jurisdictions the individual author continues to have moral rights.

DURATION OF COPYRIGHT
Copyright protection does not continue indefinitely. Copyright laws provide for

a period of time during which the rights of the copyright owner exist and may

15
be exploited. The period or duration of copyright begins from the moment the

work is created or, under some national laws, when it is expressed or “fixed” in

tangible form. Copyright protection continues, in general, until a certain time

after the death of the author.

The purpose of this provision in the law is to enable the author’s successors to

benefit economically from exploitation of the work even after the author’s

death. In some countries moral rights continue in perpetuity after the end of the

term of economic rights. In countries party to the Berne Convention and some

other countries, the duration of copyright provided in national law is, as a

general rule, the life of the author plus not less than 50 years after the author’s

death.

There is a trend in a number of countries to lengthen the duration of copyright

to the life of the author plus 70 years after the author’s death. The Berne

Convention and many national laws also establish periods of protection for

works such as anonymous, posthumous and cinematographic works where it is

not possible to base duration on the life of an individual author. Works that are

no longer subject to copyright protection enter the public domain.

COPYRIGHT INFRINGEMENT
Copyright infringement is the use or production of copyright-protected material

without the permission of the copyright holder. Copyright infringement means

that the rights afforded to the copyright holder, such as the exclusive use of a

20 Copyright.gov."Definitions: What is Copyright Infringement? " https://www.copyright.gov/help/faq/faq-

definitions.html
16
work for a set period of time, are being breached by a third party.20 Music and

movies are two of the most well-known forms of entertainment that suffer from

significant amounts of copyright infringement. Infringement cases may lead

to contingent liabilities, which are amounts set aside in case of a possible

lawsuit.

Individuals and companies who develop new works and register for copyright

protection do so in order to ensure that they can profit from their efforts. Other

parties may be granted permission to use those works through licensing

arrangements or may purchase the works from the copyright holder; however,

several factors may lead other parties to engage in copyright infringement.

Reasons include a high price for the authorized work or a lack of access to a

supply of the authorized work.

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