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An example of a joint work is a textbook in
which two or more authors contribute separate
components that are intended to be combined
into a single work.
In a joint work, the contributing authors
become the co-owners of the entire work.
Under Nigerian law, any one of the co- owners
may exploit the work without permission of the
other co owners(s) (but will have to share the
profits generated from such use). A written
agreement among the authors or owners is
usually the best course of action, specifying
such issues as ownership and use, rights to
revise the works, marketing and sharing of
any revenue, and warranties against copyright
infringement.
•
Collective works. If the authors do not
intend the work to be a joint work and would
like their contributions to be used separately,
then the work will be deemed to be “collective.”
Examples of collective works are a CD, which is
a compilation of songs by various composers,
or a magazine containing articles by freelance
authors. In that case, each author owns the
copyright in the part he/she created.
•
Derivative works. A derivative work
is a work based on one or more pre-existing
works, such as a translation, musical
arrangement, art reproduction, dramatization
or motion picture version. Making derivative
works is an exclusive right of the copyright
owner. However, a derivative work itself can
qualify for separate copyright protection,
although the copyright extends only to those
aspects, which are original to the derivative
work.
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The Things Fall Apart movie is a derivative
work of the Things Fall Apart book. Therefore,
the producer of the Things Fall Apart movie
required Chinua Achebe’s permission to make
and distribute the film.
5.BENEFITING FROM COPYRIGHT
AND NEIGHBOURING RIGHTS
How can you generate income from
creative works?
If your company owns copyright in a work,
you automatically have a complete bundle
of exclusive rights. This means that only
your company may reproduce the protected
work, sell or rent copies of the work, prepare
derivative works, perform and display the work
in public, and do other similar acts. If others
want to use or commercialize your copyright
material, you may license or sell a part of
one, various or all of your exclusive rights, in
exchange for payment(s). The payment(s) can
be one time or recurring. This will often add
up to much greater profits for your business
than direct exploitation of your copyright by
the author, creator or copyright owner.
There are many ways to commercialize creative
works:
•
You may simply sell the works that are
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protected by copyright, or make copies and sell
the copies; in both cases, you retain all or most
of the rights arising out of copyright ownership
(see next paragraph);
•
You may allow someone else to
reproduce or otherwise use the works. This
can be done by licensing your economic rights
over the works; and
•
You may sell (assign) your copyright over
the works, either entirely or partly.
If you sell your work, do you lose
copyright over it?
Copyright is distinct from the right of
possession of the physical object in which the
work is fixed. Merely selling a copyright work
(e.g., a computer program or a manuscript)
does not automatically transfer copyright
to the buyer. Copyright in a work generally
remains with the author unless he expressly
assigns it by a written agreement to the buyer
of the work.
What is a copyright license?
A license is a permission that is granted to
others (individuals or companies) to exercise
one or more of your economic rights over a
work protected by copyright. The advantage
of licensing is that you remain the copyright
owner while allowing others to make copies,
distribute, download, broadcast, webcast,
simulcast, podcast, or make derivative
works in exchange for payment. Licensing
agreements can be tailored to fit the parties’
specific requirements. Thus, you may license
some rights and not others. For example, while
licensing the right to copy and use a computer
game, you may retain the rights to create
derivative works from it (e.g., a movie).
What is the difference between an
exclusive and a non-exclusive license?
A license may be exclusive or non-exclusive.
If you grant an exclusive license, the licensee
alone has the right to use the work in the ways
covered by the license, this means that no one,
not even you, may use the work in the ways
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covered by the licence. In Nigeria, an exclusive
license must be in writing in order to be valid
and effective. An exclusive license may also be
restricted, for example, to a specified territory,
for a period of time, for limited purposes, or
the continuation of the exclusivity may be
conditional upon other types of performance
requirements. Exclusive licenses are often a
good business strategy for getting a copyright
product distributed and sold on the market, if
you lack the resources to effectively market
your work yourself.
On the other hand, if you grant a non-exclusive
license to a company, you give that company
the right to exercise one or more of your
exclusive rights, but this does not prevent
you from allowing others (including yourself)
to exercise the same rights at the same time.
Thus, you may give any number of individuals or
companies the right to use, copy or distribute
your work. As with exclusive licenses, non-
exclusive licenses may be limited and restricted
in all ways. In Nigeria, a non-exclusive license
may be written, oral or inferred from conduct.
However, a written agreement is preferable.
•
It is noteworty that an assignment or
licence granted by one copyright owner shall
have effect as if granted by his co-owner also,
and, subject to any contract between them,
fees received by the grantors shall be divided
equitably between all the co-owners.
•
While there is no requirement that
a licence agreement be registered with any
government authority, however, it is advsiable
to register the work under the Copyright
Notification Scheme at the Nigerian Copyright
Commission (see page 22).
What happens when you sell your
copyright?
An alternative to licensing is to sell your
copyright in the work to someone else, who
then becomes the new copyright owner. The
technical term for such a transfer of ownership
is an “assignment.” Whereas a license only
grants a right to do something, which in the
absence of the license would be unlawful, an
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