Authorship, Ownership and Enforcement of Copyright: The Nigerian Situation

Abstract

Historical antecedents show that the desire to protect copyright was not borne out of the need to further the interests of copyright owners, but out of the need to prevent sedition and blasphemy through the pen and to secure the interests of businessmen in the creative industry. However, copyright law in Nigeria has developed with the protection of copyright owners as its central focus. The links that copyright have with economic development further buttresses the need for protection of copyright. Essentially, copyright ensures an evolving culture of creativity while returning value to creators so that they can lead a dignified economic existence. It also provides affordable and widespread public access to content through the granting of licenses by copyright owners to members of the public for the use of copyrighted works. As such, the copyright-based industry has huge potential to contribute significantly to the gross domestic product (GDP) of national economies. This industry has been judged as being capable of accounting for between 3 to 7 per cent of the total GDP of some countries. Thus, the need for a strong copyright system that guarantees the sustenance of creativity and reward for creators by affording adequate protection of copyright cannot be over-emphasised. This protection is manifest in the right of action given to copyright owners for infringement of their copyright by right users. However, it appears that the protection afforded copyright owners by the law is too far reaching and may lead to abuse and unnecessary inconvenience of copyright users, especially in the area of granting and enforcing Anton Piller orders. Therefore, the paper examined the enforcement rights of copyright owners under the Nigerian Copyright Act to determine the extent to which the law secured the interest of copyright owners. Particular attention was given to the grant and enforcement of Anton Piller orders under the Act. The concept of authorship and ownership of copyright under the law was discussed in order to place the work in its proper perspective. In doing so, the paper peeped into copyright laws from other jurisdictions, particularly South Africa, for the purpose of comparison. To achieve its objective, reliance was placed on relevant local and foreign statutory and judicial authorities, and scholarly writings.

Keywords: Copyright, Authorship, Ownership, Enforcement, Anton Pillar, Nigeria, South Africa