ADMINISTRATION AND
ENFORCEMENT OF
COPYRIGHTS IN NIGERIA
By
BARR. CHRIS O. NKWOCHA
(AG. DIRECTOR/ZONAL MANAGER NCC, LAGOS)
AT THE THREE-DAY TRAINING PROGRAMME ON CREATING
INTELLECTUAL PROPERTY ASSETS TECHNOLOGY TRANSFER AND
ENTREPRENEURSHIP
4th March, 2013
INTRODUCTION
Intellectual Property according to WIPO refers to
creations of the mind, such as inventions; literary and
artistic works; designs; and symbols, names and images
used in commerce.
These Intellectual Property Assets are protected by Law
through Copyright, Patents, and Trademarks. In other
words,
in
generating
a
sustainable
economic
environment, there must be a balance in the interests of
both the right owner and the end users.
Photo credit:: Loves.co.uk
WHAT IS COPYRIGHT?
The rights granted to an author over his works or
creations and protected by the law is called Copyright.
This same law forbids the exploitation of such works for
economic purposes without the express authorisation of
the right owner.
The unauthorized commercial exploitation of such
copyright works thriving in an environment devoid of
control and inadequate regulation and enforcement is
known as Piracy. It is a criminal offence actionable in
civil law, it is also known as Intellectual Property Crime
& Counterfeiting.
THE ESTABLISHMENT OF THE
NIGERIAN COPYRIGHT
COMMISSION
The Commission was established in August, 1989
following the enactment of the Copyright Act in
December, 1988. This Act empowers the Commission to
administer all issues bothering on copyright in Nigeria.
It also mandates the Commission to regulate and
enforce the Copyright Act.
In 1992, the act was amended by a decree introducing
four additional sections to expedite the management of
copyright. And again in the year 1999 to safeguard
creative works effectively.
ORGANIZATIONAL DEPARTMENTS
IN THE COMMISSION
 Administrative Department
 Planning Research & Statistics
Department
 Regulatory Department
 Prosecution Department
 Accounts Department
 Enforcement Department
POWER OF COPYRIGHT
INSPECTORS
The Copyright Act empowers the Copyright
inspectors giving them authority to posses all the
powers, rights and privileges of Police Officers as
defined under the Nigerian Police Act and any other
relevant enactment pertaining to the investigation,
prosecution of defence of a civil or criminal matter
under the Copyright Act.
By S38 of the Act, the copyright inspector may
• Enter, inspect and examine premises which he
reasonably believes to have committed an
offence
• Make examinations
POWER OF COPYRIGHT
INSPECTORS (contd.)
• Demand information from any person found in such
building
• Carry out examination analysis
• Exercise other powers as commission may delegate
• Prosecute and defend cases arising from the Act
• Have all powers rights and privileges of a police
officer as defined in the police Act and other
enactment in the investigation, prosecution and
defence of cases under the Act
Copyright Inspectors at work
COPYRIGHT LAW IN NIGERIA
Copyright is a major branch of intellectual property
law which gives exclusive rights to the creator of a
work, particularly, products of intellectual exertions
in the area of arts.
The Nigerian Copyright system identifies restrictions
and concessions to copyright, which are considered
an essential part of a well functioning copyright
system. This limitation includes the ‘fair-use’
provision, which allows certain uses without
permission of the copyright holder.
Director General, NCC, Mr. Afam Ezekude, at the site of a
post-raid operation on pirated Literary works, displaying a
pirated copy of the Oxford Advanced Learners Dictionary.
ENFORCEMENT ACTIVITIES
(REGULATORY SCHEMES)
The Commission instituted some
administrative/regulatory systems, in order to ensure
that owners and users of copyright works comply with the
requirement of the copyright law, the Commission has
instituted the following
•
•
•
•
•
•
Copyright Notification Scheme
Copyright Video Rental Regulations (Now suspended)
Copyright Optical Disc (Plants) Regulations
Copyright (Security Devices) Regulations
Copyright Collective Management Organizations
Levy on Copyright Material
ENFORCEMENT ACTIVITIES
REGULATORY SCHEMES (contd.)
-
The essence of these regulatory schemes is to properly
regulate the copyright-based industries and enable the
right owners to maximally benefit from their creative
endeavour/investment, while also allowing the public
lawful access to these creative works.
The Notification Scheme and Optical Disc Regulations
Scheme have variously helped the Commission’s
operatives determine the true owner of a work in the
course of their investigation.
Members of the press interviewing a stakeholder
during a press briefing at the Lagos office of the
Commission
COLLABORATION
The Commission works closely with some organizations
including Intellectual Property stakeholders (the right
owners) & government agencies to enhance interagency and co-ordination in curbing piracy in Nigeria.
• STAKEHOLDERS
• Nigerian Publishers Association ﴾NPA﴿, Music Label
Owners, Recording Industries Association of
Nigeria ﴾MORAN﴿, Nigerian Printers, etc.
• FEDERAL LAW ENFORCEMENT AGENCIES
• Nigerian Customs Service
• Nigeria Police
• Standard Organization of Nigeria
• NOTAP
• EFCC e.t.c
COLLABORATION (contd.)
• JUDICIARY
Government Agencies - We have effective collaboration
with all other enforcement agencies in Nigeria, such as
the Nigerian Customs Service, that assists the
Commission on activities at the Ports and invites us
over for thorough inspections on containers carrying
suspected pirated works.
Police – We do not carry and posses fire arms and so we
implore the use of the Nigeria Police force during
operations in other to strengthen efforts in combating
intellectual property crime.
DG, NCC, Afam Ezekude , Director Enforcement,
Augustine Amodu inspecting seized items at the Ports.
Director/Zonal Manager, Lagos office of the Commission
Barr. Chris Nkwocha and some officers of the Nigeria
Customs Service addresses the press during a handing over
ceremony of seized containers.
CONCLUSION
Our goal is to engage stakeholders with the view of
identifying the most suitable means of advancing the
interests of Nigeria’s copyright industries & to create
sustainable copyright frameworks that enhance Nigeria’s
economic development.
We look forward to a continued positive partnership
with agencies like NOTAP in protecting and encouraging
creativity.
THANK YOU.