Home The Law and You Comparisons of the old Copyright Act, Cap C28, and the newly signed...

Comparisons of the old Copyright Act, Cap C28, and the newly signed Copyright Act, 2022

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Nneamaka Onyema

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Comparative Table of the Copyright Act, 2022 and the Repealed Act of 2004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 ActThis, under the old Act, is “Right to claim authorship”Equivalent in old ActRemark
s.2Works eligible for copyrights.1Same but with cinematograph films now “audiovisual works”
s.5Copyright by virtue of nationality or habitual residences.2The new Act uses habitual residence as against domicile in the old Act
s.6Copyright by reference to country of origins.3 
s.7Copyright in works of government, state authorities and international bodiess.4 
s.8Copyright by reference to international agreementss.5s.44 of the old Act on reciprocal extension of protection does not exist under the new Act
s.9Nature of copyright in literary and musical workss.6(1)(a) 
s.10Nature of copyright in artistic workss.6(1)(b)Ditto
s.11Nature of copyright in audiovisual workss.6(1)(c)Ditto
s.12Nature of copyright in sound recordingss.7 
s.13Nature of copyright in broadcastss.8 
s.14Author’s moral rightss.12Special provisions for archives, libraries, museums, and galleries
s.16Broadcasting of works incorporated in an audio-visual works.9 
s.17Rights to share in proceeds of sales.13 
s.19Duration of copyrightFirst Schedule 
s.20General exceptionsSecond scheduleThe exceptions have been enlarged under the new Act
s.25Third SchedulePartially in s.15The exceptions under the new Act are more elaborate
s.27Special exceptions in respect of sound recordings of musical worksSecond Schedule 
s.28First ownership of copyrights.10 
s.30Assignment and licences.11 
s.31Compulsory licence to produce and publish translationsFourth Schedule par.2 
s.32Compulsory licence to reproduce and publish works for certain purposesFourth Schedule par.3 
s.33Licence for broadcasting organisationsFourth Schedule 
s.34Definitions for the purposes of sections 31-33The presumptions, under the new Act, are subject to the work being registered 
s.36Infringement of copyrights.15 
s.37Action for infringements.16 
s.38Order for inspection and seizures.25 
s.39Limitation to the right of actions.17 
s.40Forfeiture of infringing copiess.18The old section dealing with conversion rights has been reworded
s.41Infringement actionable as a breach of statutory dutys.19 
s.42Admissibility of affidavit evidences.42 
s.43Presumptionss.43The presumptions, under the new Act are subject to the work being registered
s.44Criminal liabilitys.20The sanctions have been significantly increased
s.46Offence by body corporates.22 
s.47Simultaneous actionss.24 
s.48Duty to keep recordss.14The old s.23 on penalties for making false entries is now s.48(2)
s.49Anti-piracy measuress.21 
s.53Restriction on importations.44The new Act gives the Commission certain powers in this respect
s.63Right of performerss.26 
s.70Duration of performer’s rights.27 
s.71Infringement of performer’s rights.28 
s.72Action for infringement of performer’s rights.29 
s.73Criminal liability in respect of infringement of performer’s rights.30 
s.74Protection of expressions of folklores.31 
s.75Infringement of expressions of folklores.32 
s.76Criminal liability in respect of infringement of expressions of folklores.33 
s.77Establishment of the Nigeria Copyright Commissions.34 
s.78Functions and powers of the Commissions.34The functions and powers of the Commission are enlarged under the new Act
s.79Establishment and membership of the Governing Boards.35The Schedule to the new Act provides for proceedings of the Board and other incidental matters
s.83Appointment of the Director-General and other staff of the Commissions.36 
s.85Appointment of other staff of the Commissions.36 
s.86Copyright Officerss.38Copyright Inspectors under the old Act have been redesignated Copyright Officers
s.88Collective Management Organisationss.39Collecting societies are now called Collective Management Organisations
s.89Levy on copyright materialss.40 
s.90Dispute Resolution Panels.37This is the copyright Licensing Panel under the old Act
s.97Regulationss.45The regulatory powers of the Commission are broader under the new Act
s.98Application of the Pensions Reform Acts.36(4) 
s.99Power of the Minister to give directivess.50 
s.100Restriction on execution against property of the Commissions.49 
s.103Jurisdictions.46 
s.104Limitation on suit against the Commissions.47 
s.105Service of documentss.48 
s.106Repeals and savings provisionss.52 
s.107Transitional provisionss.52 
s.108Interpretationss.51 
s.109Citations.53The 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.

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