By Olukunle Ola
This paintings explores the operation and rules 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 proprietors are illustrated.
Further, Nigeria’s criminal framework for collective administration is enunciated from a pre-independence and post-independence standpoint. during this regulatory demanding situations encountered within the management of collective administration enterprises, steps up to now taken to handle the issues, legislative reforms and judicial judgements are discussed.
A route to the hot 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 organizations of presidency is proven to hunt the nationwide curiosity concerning the collective management of copyright and similar rights. Then, feedback for development and classes for Africa are provided.
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Additional resources for Copyright Collective Administration in Nigeria: Lessons for Africa
This also takes two forms: a. , Switzerland). Here a licence to copy is provided by law so that no agreement with the rights owner is needed. There is a right to remuneration, however, and a statutory licence fee is set by law and collected by a CMO on behalf of all rights owners. b. g. Belgium). 19 In the use of any of these models what must be borne in mind is that the transaction element always involves the right of the Copyright/Related Right Owner. 22 17 Ibid. , books, journals, magazines and other periodicals, paintings, sculptures and other artistic works).
3 Conditions for Approval Section 39(2) enumerates four specific requirements a society is expected to comply with before the Commission may grant it approval to operate as a collecting society. These requirements are as follows: 1. The society is to be registered as a company limited by guarantee. 2. The object of the company should be negotiating and granting copyright licenses and collecting royalties on behalf of copyright owners and distributing same to them. 3. 56 4. It should comply with the terms and conditions prescribed in the regulations made by the Commission in respect of copyright collective administration.
As noted above, the enumerated central themes are based on Section 39 of the Nigerian Copyright Act. 52 Collecting Society 1. A Collecting Society (in this section referred to as ‘‘a society’’) may be formed in respect of anyone or more rights of copyrights owners for the benefit of such owners, and the society may apply to the Commission for approval to operate as a collecting society for the purpose of this Act. 2. The Commission may approve a society if it is satisfied that(a) it is incorporated as a company limited by guarantee; (b) its objects are to carry out the general duty of negotiating and granting copyright licenses and collecting royalties on behalf of copyright owners and distributing same to them; (c) it represents a substantial number of owners of copyright in any category of works protected by this Act; in this paragraph of this subsection, ‘‘owners of copyright’’ includes owners of performers’ rights; (d) it complies with the terms and conditions prescribed by regulations made by the Commission under this section.
Copyright Collective Administration in Nigeria: Lessons for Africa by Olukunle Ola