Publications in the “Intellectual Property for Business”
series:
1.
Making a Mark: An Introduction to Trademarks for Small and Medium-sized Enter-
prises. WIPO publication No. 900.
2.
Looking Good: An Introduction to Industrial Designs for Small and Medium-sized
Enterprises. WIPO publication No. 498.
3.
Inventing the Future: An Introduction to Patents for Small and Medium-sized Enter-
prises. WIPO publication No. 917.
4.
Creative Expression: An Introduction to Copyright and
Related Rights for Small and
Medium-sized Enterprises. WIPO publication No. 918.
All publications available from the WIPO e-bookshop at: http://www.wipo.int/ebookshop
The adapted versions of the above mentioned publications are available at the
WIPO (WIPO e-bookshop at www.wipo.int/ebookshop).
Disclaimer: The information contained in this guide in not meant as a substitute for profes-
sional legal advice. Its purpose is to provide basic information on the subject matter. This
publication has been adapted and reproduced with the prior express permission of the World
Intellectual Property Organization (WIPO), the copyright owner of the original international
edition, which is available at www.wipo.int/sme/en/documents/guides/. As such, WIPO is not
liable or responsible for the accuracy or correctness of the adapted version of the publication,
as that liability or responsibility rests solely with the Registry of Trademarks, Patents and
Designs, Federal Ministry of Trade and investment, Nigeria and the project consultants, Law &
Allied Resourcery.
WIPO owns the copyright in the original international edition (2006).
No part of this publication may be reproduced or transmitted in any form or by any means,
electronically or mechanically, except as permitted by law, without written permission from
Registry of Trademarks, Patents and Designs,
Nigeria (the owner of the copyright).
Registry of Trademarks, Patents and Designs, Federal Ministry of Trade and Investments,
Abuja, Nigeria, Copyright (2011)
INTRODUCTION
‘Intellectual Property’ till recently has been considered a luxury by the industry in
general and SMEs in particular. In fact, it is a major avenue for SMEs to establish
their credentials at par with the large enterprises. Every business has some valuable
intangible property worth protecting. Therefore, keeping SMEs abreast of the latest
information on Intellectual Property Rights (IPRs) systems and enabling them to
protect their IP assets is the need of the hour as ignorance may lead to loss of
valuable rights or expensive litigation or both. This customized version of ‘Creative
Expression’ will enable SMEs in Nigeria to understand the kind of work protected
under the provisions of Copyright and related rights, the ownership procedure and
benefits, system for protection and prevention of violation of these rights in Nigeria
and abroad. These points are illustrated with the help of mostly original examples
of the works of Nigerian creators.
The main beneficiaries of this booklet would be SMEs engaged in printing, publishing,
music and audiovisual creations (film, television and radio), architectural work any
drawing/map, chart or plan, photography, sculpture, sound recordings, advertising,
communication and marketing, crafts, visual and performing arts, design and
fashion, and broadcasting. It also throws light on the effective copyright protection
extended to SMEs dealing in production/development of software, multimedia,
digital content driven industries including work available on the internet.
The purpose is to enable SMEs to seize the opportunity of copyright protection
rather than deferring the decision to adopt IP system on the assumption that
IP protection is costly and time consuming or enforcement of the laws are
ineffective.
In compilation of this booklet, efforts of the Law and Allied Resourcery team
comprising Ayo Ayeni (Project Coordinator)v, Tinukemi Alabi, Alexandria Adesuwa,
Yahaya Maikori and Ese Oraka of Law Allianz, and our registry’s Aisha Y. Salihu,
have been most commendable.
I hope SMEs will benefit from this joint effort on the part of World Intellectual
Property Organisation (WIPO) and The Registry of Trademarks, Patents and Designs,
the Federal Ministry of Trade and Investments,The Nigerian Copyrights Commission,
Federal Ministry of Justice, for seeking protection and drawing maximum economic
gains through the appropriate commercialization of their original creative work.
J.K. Ahmadu-Suka
Registrar, Trademarks, Patents and Designs.
TABLE
OF CONTENTS
1. Copyright and Neighbouring Rights
1
2. Scope and Duration of Protection
7
3. Protecting Your Original Creations
22
4. Ownership of Copyright
29
5. Benefiting from Copyright and Neighbouring Rights 33
6. Using Works Owned by Others
42
7. Enforcing
Copyright
49