Department of Private and Business Law

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Browsing Department of Private and Business Law by Subject "Legal, Protection, Enforcement, Copyright and Nigeria"

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    APPRAISAL OF THE LEGAL PROTECTION AND ENFORCEMENT OF COPYRIGHT IN NIGERIA
    (Department of Private and Public Law, Nasarawa State University Keffi, 2019-03-11) Barau, Sunday Benjamin
    Man’s desire for creativity is inalienable, infinite and immutable. Copyrights play a major role in the development of a nation. As a form of intellectual property right protected and regulated by law for its commercial value, copyright is a bundle of exclusive rights inherent in an author or assignee for a limited period in exchange for valuable consideration from the public. This study appraised the legal and administrative framework for the protection and enforcement of copyright in Nigeria vis-a-vis their numerous challenges to the development of Copyright law and practice in Nigeria. Unfortunately, our Copyrights Act has obviously become obsolete in view of advancements in technology and the 'global villageThus, this study adopted the doctrinal research method, which includes legislations, books, journals, newspapers, internet sources and decided cases, as primary and secondary sources, in xraying the core of copyright law and practice in Nigeria. The work examined the concept, nature and scope of copyright under the Copyrights Act; eligibility, infringements, defences, and remedies available to a copyright owner whose right has been infringed. The study further considered the challenges bedeviling the Nigerian copyright system and suggests reviews of the Copyrights Act to accommodate new technology, developing copyrights like Traditional Knowledge and other provisions of the Protocol to the Berne Convention. While the Copyright Act did not define a 'Copyrightthe study found that protection of works under the Act is categorized in terms of originality and fixation. However, where an original work is lost, it cannot be transferred especially for a pseudo author. While the author of an architectural design ought to have more control over the erection of subsequent structures after the initial one. In order to encourage authors to create more works, it was recommended that the Nigerian government must give priority to copyright policies, support the Nigeria Copyright Commission and eliminate piracy. Finally, the government must amend the Copyrights Act to meet internationally accepted best practices.