By Olukunle Ola
This paintings explores the operation and legislation of copyright collective administration in Nigeria. The nexus among creativity and copyright and the way creativity has performed a pivotal position in improvement is defined. the necessity to stability the pursuits of authors and clients is mentioned and the societies representing the curiosity of copyright vendors are illustrated.
Further, Nigeria’s criminal framework for collective administration is enunciated from a pre-independence and post-independence point of view. during this regulatory demanding situations encountered within the management of collective administration corporations, steps to this point taken to deal with the issues, legislative reforms and judicial judgements are discussed.
A route to the hot regime is chartered. The South African Copyright collective administration method is explored and a comparability among the Nigerian and South African approach is made. Thereby the necessity for supervisory and regulatory organizations of presidency is proven to hunt the nationwide curiosity in regards to the collective management of copyright and similar rights. Then, feedback for development and classes for Africa are provided.
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Extra info for Copyright Collective Administration in Nigeria: Lessons for Africa
Regardless of how laudable the goals, the rules are to achieve, the draftsmen of the law would need to go back to the drawing board, repeal the unacceptable ones, and put in place rules that are in tandem with the beliefs and acceptable values of the people. 11 These operating systems are numerous including the following: 5 See Dinwoodie One size fits all 12 where he opined on ‘‘why’’ the Berne and Paris conventions were made noting that they were aimed at developing an international system designed to constrain rampant piracy and slowly expand core forms of protection.
A company limited by guarantee is a not-for-profit company. 16 PwC report Op Cit at footnote 11. 26 3 Legal Framework for Collective Management in Nigeria b. , France)—under this system rights owners are legally obliged to negotiate secondary rights through a CMO with no opt out. 3. Licensing under a legal licence. This also takes two forms: a. , Switzerland). Here a licence to copy is provided by law so that no agreement with the rights owner is needed. There is a right to remuneration, however, and a statutory licence fee is set by law and collected by a CMO on behalf of all rights owners.
May be formed in respect of one or more rights of copyright owners; 2. should be for the benefit of such copyright owners; and 3. may apply to the Commission for approval to operate as a collecting society for the purpose of the Act. 53 This terminology is one and the same with Collective Management Organization as the Copyright (Collective Management Organization) Regulation 2007 uses that nomenclature. 54 The definition of a collecting society provided at Section 39(8) provides that it means an ‘‘association of copyright owners’’.
Copyright Collective Administration in Nigeria: Lessons for Africa by Olukunle Ola