By Nneamaka Onyema
Copyright is a kind of intellectual property that protects creative works of invention as soon as the inventor fixes the work in a perceptible form of expression.
It is a legal term labelling ownership of control of the rights to the use and distribution of certain works of creative expression, including books, videos, motion pictures, musical compositions, and computer programs.
The Copyright Act, 2022 was signed into law on the 17th day of March 2023 by His Excellency, President Muhammadu Buhari, GCFR, to replace the old Copyright Act, Laws of the Federation of Nigeria, 2004.
Comparative Table of the Copyright Act, 2022 and the Repealed Act of 2004
| Section in new Act | This, under the old Act, is “Right to claim authorship” | Equivalent in old Act | Remark |
| s.2 | Works eligible for copyright | s.1 | Same but with cinematograph films now “audiovisual works” |
| s.5 | Copyright by virtue of nationality or habitual residence | s.2 | The new Act uses habitual residence as against domicile in the old Act |
| s.6 | Copyright by reference to country of origin | s.3 | |
| s.7 | Copyright in works of government, state authorities and international bodies | s.4 | |
| s.8 | Copyright by reference to international agreements | s.5 | s.44 of the old Act on reciprocal extension of protection does not exist under the new Act |
| s.9 | Nature of copyright in literary and musical works | s.6(1)(a) | |
| s.10 | Nature of copyright in artistic works | s.6(1)(b) | Ditto |
| s.11 | Nature of copyright in audiovisual works | s.6(1)(c) | Ditto |
| s.12 | Nature of copyright in sound recordings | s.7 | |
| s.13 | Nature of copyright in broadcasts | s.8 | |
| s.14 | Author’s moral rights | s.12 | Special provisions for archives, libraries, museums, and galleries |
| s.16 | Broadcasting of works incorporated in an audio-visual work | s.9 | |
| s.17 | Rights to share in proceeds of sale | s.13 | |
| s.19 | Duration of copyright | First Schedule | |
| s.20 | General exceptions | Second schedule | The exceptions have been enlarged under the new Act |
| s.25 | Third Schedule | Partially in s.15 | The exceptions under the new Act are more elaborate |
| s.27 | Special exceptions in respect of sound recordings of musical works | Second Schedule | |
| s.28 | First ownership of copyright | s.10 | |
| s.30 | Assignment and licence | s.11 | |
| s.31 | Compulsory licence to produce and publish translations | Fourth Schedule par.2 | |
| s.32 | Compulsory licence to reproduce and publish works for certain purposes | Fourth Schedule par.3 | |
| s.33 | Licence for broadcasting organisations | Fourth Schedule | |
| s.34 | Definitions for the purposes of sections 31-33 | The presumptions, under the new Act, are subject to the work being registered | |
| s.36 | Infringement of copyright | s.15 | |
| s.37 | Action for infringement | s.16 | |
| s.38 | Order for inspection and seizure | s.25 | |
| s.39 | Limitation to the right of action | s.17 | |
| s.40 | Forfeiture of infringing copies | s.18 | The old section dealing with conversion rights has been reworded |
| s.41 | Infringement actionable as a breach of statutory duty | s.19 | |
| s.42 | Admissibility of affidavit evidence | s.42 | |
| s.43 | Presumptions | s.43 | The presumptions, under the new Act are subject to the work being registered |
| s.44 | Criminal liability | s.20 | The sanctions have been significantly increased |
| s.46 | Offence by body corporate | s.22 | |
| s.47 | Simultaneous actions | s.24 | |
| s.48 | Duty to keep records | s.14 | The old s.23 on penalties for making false entries is now s.48(2) |
| s.49 | Anti-piracy measures | s.21 | |
| s.53 | Restriction on importation | s.44 | The new Act gives the Commission certain powers in this respect |
| s.63 | Right of performers | s.26 | |
| s.70 | Duration of performer’s right | s.27 | |
| s.71 | Infringement of performer’s right | s.28 | |
| s.72 | Action for infringement of performer’s right | s.29 | |
| s.73 | Criminal liability in respect of infringement of performer’s right | s.30 | |
| s.74 | Protection of expressions of folklore | s.31 | |
| s.75 | Infringement of expressions of folklore | s.32 | |
| s.76 | Criminal liability in respect of infringement of expressions of folklore | s.33 | |
| s.77 | Establishment of the Nigeria Copyright Commission | s.34 | |
| s.78 | Functions and powers of the Commission | s.34 | The functions and powers of the Commission are enlarged under the new Act |
| s.79 | Establishment and membership of the Governing Board | s.35 | The Schedule to the new Act provides for proceedings of the Board and other incidental matters |
| s.83 | Appointment of the Director-General and other staff of the Commission | s.36 | |
| s.85 | Appointment of other staff of the Commission | s.36 | |
| s.86 | Copyright Officers | s.38 | Copyright Inspectors under the old Act have been redesignated Copyright Officers |
| s.88 | Collective Management Organisations | s.39 | Collecting societies are now called Collective Management Organisations |
| s.89 | Levy on copyright materials | s.40 | |
| s.90 | Dispute Resolution Panel | s.37 | This is the copyright Licensing Panel under the old Act |
| s.97 | Regulations | s.45 | The regulatory powers of the Commission are broader under the new Act |
| s.98 | Application of the Pensions Reform Act | s.36(4) | |
| s.99 | Power of the Minister to give directives | s.50 | |
| s.100 | Restriction on execution against property of the Commission | s.49 | |
| s.103 | Jurisdiction | s.46 | |
| s.104 | Limitation on suit against the Commission | s.47 | |
| s.105 | Service of documents | s.48 | |
| s.106 | Repeals and savings provisions | s.52 | |
| s.107 | Transitional provisions | s.52 | |
| s.108 | Interpretations | s.51 | |
| s.109 | Citation | s.53 | The new Act makes the year 2022 a part of the citation |
| Schedule | (Supplementary provisions to the Board) | The old Act has five schedules containing matters that are now substantive provisions in the new Act and the latter has only one schedule dealing with the proceedings of the Board |
Nneamaka Onyema is a Legal Practitioner, a Chartered Mediator & Conciliator, and a Child’s Right advocate.
She is the founding Partner of LinkedLegal Attorneys; a premier law firm providing comprehensive range of legal services and solutions to domestic and international clients and has consistently played a major role involving human rights and advocacy, especially for women and children in Nigeria.
