Works derived from the human intellect are protected by Law. Thoughts and ideas when expressed become intellectual properties belonging to the creators and are well protected by Copyright Law. Copyright is the legal and exclusive right granted to the creator of an original literary or artistic work, to use and authorize others to use work subject to legally recognized rights and interests of others.

In Nigeria, the Copyright Act makes provisions for the protection of copyright and it establishes a regulatory body known as the Nigerian Copyright Commission.

Works eligible for copyright protection

For a work to be protected under the Copyright Act, it must fall within the following categories and must satisfy two eligibility requirements which will be discussed later:

  • Literary Works (books and other written or printed works, and computer programmes)
  • Musical Works (musical scores/ compositions duly recorded)
  • Artistic Works (visual arts, pictures, drawings, dimensional works)
  • Audiovisual work (Cinematographic films)
  • Sound recordings
  • Broadcasts

Eligibility Requirements

The two eligibility requirements earlier mentioned provides that the work:

(a) must have been fixed in any medium of expression: It must be a published expression of an idea and not just a thought in the mind of the owner.

(b) must be Original: The Author/creator must display an amount of skill, labour, and judgment in creating the work.

Apart from the aforementioned, there is no other requirement for copyright protection. Even registration of work is not a precondition for protection as copyright is protected upon creation of work.

Although the Nigerian Copyright Commission (NCC) established a voluntary Copyright Registration Scheme which is designed to enable owners to notify the Commission of the creation and existence of work, it is not a prerequisite for the protection of the work. One may ask, why should any work be registered under the scheme then?

It is advisable to register work under the Scheme for the following reasons:

  • Visibility and Database: The general public can easily assess information relating to the work or author through the platform provided by the scheme
  • Evidence: An acknowledgment certificate will be given to the creator upon registration which may serve as evidence of the facts it contains.
  • Preservation: Registration helps to store and preserve the original copies of works.
  • Rights Management Information: The licensees of the registered work who need rights management information regarding the work can easily possess such through the Notification Database.

How to Register

Registration of works under the Nigerian Copyright Commission (NCC) Registration Scheme can either be through physical submission at any of the Commission's offices Nationwide or through online submission. However, it is advisable to engage the services of persons with experience who can streamline the process and get the registration done within a very short period of time.

Conclusion

Although registration of copyright is not a condition precedent for its protection, it is advisable to register under the Nigerian Copyright Commission (NCC) Registration scheme for various reasons. For instance, registration provides prima facie evidence (acknowledgment certificate) which will assist a copyright owner in proving his right before a Court or Tribunal. It is noteworthy to state that the rights of a copyright owner including moral and economic rights may be enforced through remedies under civil law (damages, injunctions, etc.) or sanctions under criminal law (Piracy).

By the Entertainment, Media, and Intellectual Property Law Department of Aekley Solicitors, Nigeria.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.