By Olukunle Ola
This paintings explores the operation and law of copyright collective administration in Nigeria. The nexus among creativity and copyright and the way creativity has performed a pivotal function 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 viewpoint. during this regulatory demanding situations encountered within the management of collective administration companies, steps thus far taken to deal with the issues, legislative reforms and judicial judgements are discussed.
A route to the recent regime is chartered. The South African Copyright collective administration method is explored and a comparability among the Nigerian and South African procedure is made. Thereby the necessity for supervisory and regulatory corporations of presidency is proven to hunt the nationwide curiosity concerning the collective management of copyright and comparable 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
22 Ibid. 23 The Act contained very little information on collective administration. However, the little information it contained forms the bedrock of Nigeria’s legal framework for collective administration. Section 13 of the 1970 Copyright Act had five subsections and was designated by short title as the section on ‘‘appointment and powers of competent authority’’. These subsections provided the following important information: 1. 25 2. Checks and balances on a licensing body’s26 powers to grant licences27 3.
Interestingly, one of the principal objectives of a collecting society is the distribution of royalties to copyright owners. A line of difference can be drawn between the distribution of profit and royalty, hence collecting societies are registered as companies limited by guarantee under CAMA. 59 See Gervais Collective Management 26. 60 Ibid. 3 Legal Framework for Copyright Collective Administration in Nigeria 33 societies are not-for-profit entities but the actual position is determined by the legal framework of each country.
If that is the case, it implies therefore that multiple societies may be approved in respect of the same class of copyright owners. In the author’s assessment of the legal framework relating to single and multiple societies in the Act, it appears that the Act tends to favor a single society model, while leaving room for multiple societies under stringent and very narrow conditions. 66 In furtherance of this power, the Nigerian Copyright Commission issued a collecting society regulation which will be reviewed hereunder.
Copyright Collective Administration in Nigeria: Lessons for Africa by Olukunle Ola