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Copyright and Business
Most companies do not know that by default
some aspects of their business are protected
by copyright. Examples include: computer
programs or software; content on websites;
product catalogs; newsletters; instruction
sheets or operating manuals for machines or
consumer products; user, repair or maintenance
manuals for various types of equipment;
artwork and text on product literature, labels
or packaging; marketing and advertising
materials on paper, billboards, websites, and
so on. In Nigeria, copyright also protects
sketches and drawings. However, an artistic
work is not eligible for copyright, if at the time
when the work is made, it is intended by the
author to be used as a model or pattern to be
multiplied by any industrial process. Designs
of manufactured products are not protected
under copyright but they may be protected as
industrial designs.
What are neighbouring rights?
“Neighbouring rights” refer to the category
of rights granted to performers, phonogram
1. COPYRIGHT AND
NEIGHBOURING RIGHTS
What is copyright?
Copyright law grants authors, composers,
songwriters, computer programmers, website
designers and other creators legal protection
for their literary, artistic, dramatic and other
types of creations, which are usually referred
to as “works.”
Copyright law gives an author or creator of a
work a diverse bundle of exclusive rights over
his/her work for a limited but rather lengthy
period of time. These rights enable the author
to control the economic use of his work in
a number of ways and to receive payment.
Copyright law also provides “moral rights,”
which protect, amongst other things, an
author’s reputation and integrity.
In Nigeria, the principal legislation on copyright
is the Copyright Act (as amended), Chapter
C20, Laws of the Federation of Nigeria (LFN),
2004.
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producers and broadcasters. In Nigeria, the
rights of phonogram producers (producers
of sound recordings) and broadcasters are
included under copyright. However, the rights
of performers are protected under the separate
category called “neighboring rights.” Both
copyright and neighbouring rights are included
under the Copyright Act.
In Nigeria, the description of neighbouring rights
is notably different from what generally obtains
in most countries. While neighbouring rights
are taken to include performers (e.g. actors,
musicians, and dancers), phonogram producers
and broadcasters in some countries, in Nigeria,
the Copyright Act only protects two classes of
neighbouring rights:
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Live Performances
•
Expression of Folklore
(See more on neighboring rights on page 14).
Example: In the case of the song ‘Anoti’,
the copyright protects the music of M.I, the
composer and the lyrics of the song which he
also authored (lyricist and/or writer).
Copyright also applies to the:
•
Performances of the musician who
performs the song, which is M.I in this case;
•
Sound recording of the producer and
•
Broadcasts of the song.
M.I on the album‘Talk About It’ courtesy of
Chocolate City
How are copyright and neighbouring
rights relevant to your business?
Copyright protects the literary, artistic,
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dramatic or other creative elements of a
product or service, whereby the copyright
holder can prevent those original elements
from being used by others. Copyright and
neighbouring rights enable a business to:
•
Control commercial exploitation of
original works: such as books, music, films,
computer programs, original databases,
advertisements, content on websites,
video games, sound recordings, radio and
television programs or any other creative
works. Works protected by copyright and
neighbouring rights may not be copied or
exploited commercially by others without
the prior permission of the rights owner.
Such exclusivity over the use of copyright
and neighbouring rights protected works
helps a business to gain and maintain a
sustainable competitive edge in the market
place.
•
Generate income: Like the owner
of a property, the owner of copyright or
neighbouring rights in a work may use it, or
give it away by way of sale, gift or inheritance.
There are different ways to commercialize
copyright and neighbouring rights. One
possibility is to make and sell multiple copies
of work protected by copyright or neighbouring
rights (e.g., prints of a photograph); another is
to sell (assign) your copyright to another person
or company. Finally, a third – often preferable
– option is to license, that is, permit another
person or company to use your copyright-
protected-work in exchange for payment, on
mutually agreed terms and conditions.
•
Raise funds: Companies that own
copyright and neighbouring rights assets (e.g.,
a portfolio of distribution rights to a number
of movies/films) may be able to borrow money
from a financial institution by using such a
bundle of rights as collateral by letting investors
and lenders take a “security interest” in them.
•
Take action against infringers:
Copyright law enables right holders to take
legal action against anyone encroaching on
the exclusive rights of the copyright holder
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