ABSTRACT
Copyright is gradually assuming prominence in this country.
This is not surprising because of its economic significance. Copyright seeks
and aims at protecting the author’s economic interests nationally and
internationally. It is not only of economic significance to the authors but
also to the public in general.
Copyright does not prohibit all copying or replication. It
is not one of those rights that admit of no exception. This shows that certain
acts are exempted from copyright control. The Copyright Act, especially
schedule two thereto, specifies a number of exceptions from the general
principle of copyright control. The exceptions do not have general application
to all the eligible works. Its application depends on the nature and type of a
particular work. All the exceptions specified in the Second Schedule to the Act
apply to Literary, Musical, Artistic Works and Cinematograph Film; they have
limited application in respect of Sound Recordings and Broadcasts. Sound
Recordings are only subject to paragraphs (a), (h), (k), (l), and (p) of the
Second Schedule, while at the same time paragraphs (a), (h), (k), (n), and (o)
apply to broadcasts.
There are also some other special exceptions specified under
the third schedule in respect of sound recordings of musical works. Moreover,
other exceptions abound throughout the length and breadth of the Copyright Act.
These exceptions make it clear that copyright in work is not
infringed by any person whose act comes within the context of any of the
specified exceptions.
The aim of this work as the title suggests is to discuss the
relevant provisions of the Copyright Act that protects Fair Dealing.
Infringement under the law is not condoned but when the act or omission is
carried on under some special circumstances of Fair Dealing, it is not regarded
as infringement under the law.
The copyright law made provisions for the protection of
intellectual works, criteria for eligibility, originality, fixation and
duration of copyright works as well as sanctions or punishment for infringement
of such works but the copyright law made copious provisions for exceptions. For
instance, it is not infringement by doing any of the acts reserved for the
copyright owner by way of Fair Dealing for purposes of research, private use,
criticism or review or the reporting of current events. It is these exceptions
and others that are regarded as Fair Dealing under the Copyright Act.
With a view to achieving the purpose of this the work, is
divided into Chapters each Chapter dealing with a distinct aspect of the
Copyright Act.
The introductory aspect of copyright, including Meaning of
Intellectual Property, Copyright, the Rationale for Copyright Protection, as
well as the Nature and Scope of Copyright will be discussed in Chapter One.
The Historical Evolution, Ownership, Duration, Transfer, and
Transmission, Copyright and other related Rights (Neighboring Rights) and the
Socio-economic impact of Copyright Act in Nigeria, Administration of Copyright
in Nigeria and Challenges to Effective Copyright Administration in Nigeria will
be taken care of in Chapter Two.
Infringement of Copyright Meaning of Infringement, Modes of
Infringement, Proof of Copyright Infringement, Enforcement and Remedies and
Exceptions to Copyright Control is dealt with in Chapter Three.
The Concept of Fair Dealing in Copyright Protection, Nature
of Fair Dealing in Copyright Protection, Rationale for Fair Dealing as an
Exception to Copyright Protection forms the Fourth Chapter.
Chapter Five deals with Fair Dealing and Challenges to
Copyright Protection, Challenge of Copyright in the Digital Age, Challenge for
Educators, Copyright Act: Copyright Challenge in Nigeria
Chapter six is the concluding part of the thesis, which
includes the recommendations made.
CHAPTER ONE
INTRODUCTION
1.0 Meaning
of Intellectual Property.
The term Intellectual property
could simply be said to be that which deals essentially with ownership. There
is generally no one acceptable definition of the term Intellectual Property but
it could be said to be that which relates to all or any of those categories of
property, which are acquired through intellectual creativity. They are normally
intangible in nature and are subject to ownership with the entire attendant
legal incidence.
Intellectual Property is a
legal field that refers to creations of the mind such as musical, literary and
artistic works; intentions, and symbols, names, images and designs used in
commerce, including copyrights, trademarks, patents, and related rights. Under
Intellectual Property Law, the holder of one of these abstract “Properties” has
certain exclusive rights to the creative works, commercial symbol, or
invention, which is covered by it. The laws of some government have recognized forms
of intellectual property for a few centuries, but other government’s scholars
question the legitimacy and philosophical basis of such laws. Several
international
treaties since the 19th
century have standardized many aspects of the law, but the laws and enforcement
still vary widely from one jurisdiction to another. Furthermore, the
understanding and observance of Intellectual Property Laws by individuals are
widely varied.
Obviously this Branch of Law
has grown enormously over the years thus leading to its separation from the
wider and pre-existing prawns of property law. This may be attributed to the
growth and development in science and technology. The introduction of this
technology has led to learning and inventions being spread more widely to the
masses. From the foregoing, one would be faced with the inevitable question,
what
sorts of
intellectual creations are covered by the law of intellectual property.
Basically, there are four major
subjects of intellectual property law viz: Copyright, Trademarks, Patents and
Industrial Designs. The last three are usually called “Industrial Property”
mainly because they substantially concern industrial processes and application.
Copyright operates to control
the copying of intellectual materials existing in the field of literature and
the arts, protecting the writer or artist against the unauthorized copying of
his materials thereby giving the copyright holder the exclusive right to
control reproduction or adaptation of such works for a certain period of time.
The primary concern of Copyright is with expression of ideas, such expression
boarding mainly on originality and not necessarily novel and they may be in the
form of literary, artistic, musical or other works of art. The right generated
or acquired through Copyright is conferred automatically in Nigeria without
registration.
Trademark on its own deals
chiefly with marks that are used or proposed to be used in relation to goods
for the purpose of indicating a connection between the goods and the proprietor
of the mark. It is a distinctive sign which is used to distinguish the products
or services of different businesses. It must be mentioned at this point that
such mark or symbol must be used in the course of trade. This right being a
monopoly right is registerable and upon registration the right is protected
both under statute and common law or passing off as was applied in the case of Patkun
Industries Ltd V Nigeria
Shoes Manufacturing Co. Ltd 1
A Patent on its own is an exclusive right granted by law to an inventor guaranteeing him the exclusive use and exploitation on the industrial process as invented. A Patent is equally registerable. It gives the patent holder a right to prevent others from practising the invention without licence from the inventor for a certain period of time. The right to an Industrial Design similarly consist of the right in the reproduction and
An Industrial Design is any
combination of lines or colours or both and any three-dimensional form whether
or not associated with colours if it is intended by the creators to be used as
a model or pattern to be multiplied by industrial process and is not intended
solely to obtain a technical result. It is noteworthy that the law of
Industrial Property frowns at any similarity even if coincidental but the law
on copyright only prohibits unauthorized copying.
“Intellectual Property” denotes
the specific legal rights, which authors, inventors and other Intellectual
Property holders may hold, and exercise, and not the intellectual work itself.
Intellectual Property Laws are designed to protect different forms of subject
matters, although in some cases there is a degree of overlap.
Patents, Trademarks, and
Designs Rights are sometimes collectively known as Industrial Property,
as they are typically created and used for industrial or commercial purposes.....
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Item Type: Project Material | Size: 239 pages | Chapters: 1-5
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