The Creative Entrepreneurs Association Nigeria usually hosts “Creative Sessions” for individuals in the Nigerian creative sector with the aim of discussing issues which affect them.
At one of the sessions held at the British Council, Adelphi Founding Partner - Ese Oraka was invited to talk on issues related to copyrights and the creative industry.
Considering that there were all kinds of creatives there including fashion designers, music artistes, writers, publishers and animators, the issues raised and the scope of the discussions were diverse.He touched on issues ranging from creativity, to copyrights, culture and commerce.
This presentation provides a summary of his thoughts on the various issues.
A look at copyright and the influence of technology in that right. Presentation looks at how copyright is administered in the Caribbean island of St. Vincent and the Grenadines.
A look at copyright and the influence of technology in that right. Presentation looks at how copyright is administered in the Caribbean island of St. Vincent and the Grenadines.
RATIONALE OF COPYRIGHT PROTECTION
What is copyright?
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.
Why should copyright be protected?
Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.
Is it not true that strict application of the principle of protection of copyright hampers economic and cultural development of the society?
Yes. If copyright protection is applied rigidly, it can hamper progress of the society. However, copyright laws are enacted with necessary exceptions and limitations to ensure that a balance is maintained between the interests of the creators and of the community.
To strike an appropriate and viable balance between the rights of the copyright owners and the interests of the society as a whole, there are exceptions in the law. Many types of exploitation of work which are for social purposes such as education, religious ceremonies, and so on are exempted from the operation of the rights granted in the Act. Copyright in a work is considered as infringed only if a substantial part is made use of unauthorizedly. What is ‘substantial’ varies from case to case. More often than not, it is a matter of quality rather than quantity. For example, if a lyricist copy a very catching phrase from another lyricist’s song, there is likely to be infringement even if that phrase is very short.
Does the law allow any use of a work without permission of the owner of the copyright, and, if so, which are they?
Subject to certain conditions, a fair deal for research, study, criticism, review and news reporting, as well as use of works in library and schools and in the legislatures, is permitted without specific permission of the copyright owners. In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions are the uses of the work
1.
for the purpose of research or private study,
2.
for criticism or review,
3.
for reporting current events,
4.
in connection with judicial proceeding,
5.
performance by an amateur club or society if the performance is given to a non-paying audience, and
6.
the making of sound recordings of literary, dramatic or musical works under certain conditions.
What is the scope of protection in the Copyright Act,1957 ?
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea.
Does copyright apply to titles and names ?
Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.
WORK
What is a work?
A work means any of the following , namely, a literary, dramatic, musical or artistic work
Copyrights, Patents, and Trademarks...Oh My! (Series: Intellectual Property 101)Financial Poise
It has been said that a copyright attaches when the “pen hits the paper” (when an original work is created and “fixed” in a particular expression) but that doesn’t mean the analysis of what a copyright is and what it protects ends there. A copyright is a valuable piece of Intellectual Property that protects many types of original works, not just artistic, literary, or musical works. Copyright laws are intended to “feed the artist” and give owners the right to reproduce their works and prevent others from doing so without the owner’s permission.
Thomas Edison. Henry Ford. Steve Jobs. These three household names revolutionized modern society through the protections afforded to their intellectual property by U.S. patent laws.
A trademark—whether a word, slogan, design, color, color combination, overall look or feel of an item or its packaging, or even a sound —enables customers to identify the source of goods or services. As such, companies should understand the benefits and pitfalls associated with U.S. trademark laws if they ever hope to develop a successful brand.
This webinar discusses the so-called “nuts and bolts of copyright law” beginning with what exactly is a copyright, how to protect a copyright, and finally how to enforce a copyright. It also breaks down U.S. patent laws into the nuts and bolts. It discusses the types of inventions that can receive protection, as well as the extent of U.S. patent protection. Finally, this webinar examines how trademarks are created and maintained, various methods of trademark protection, rights conferred by trademark registration, and steps for enforcing trademarks in the U.S. in the brick-and-mortar marketplace and online.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/copyrights-patents-and-trademarks-oh-my-2021/
Law, Science & Technology: Copyright & related rights (1 of 2)
- History & developments
- Legal sources
- Copyright harmonization
- Subject matter
- Concept of originality
- Exhaustion + case study
Slide 5: Push and pull relation between technology and copyright
Slide 6: 1450 Invention of printing press
Slide 8: Statute of Ann (1710)
Slide 12: Copyright US Constitution (1790)
Slide 13: The Pirate Publisher
Slide 15: 20th century, cassette, video tape, CDs, Napster, The Pirate Bay, Popcorn Time
Slide 22: The battle of copyright (free culture, corporate capitalism, public domain)
Slide 23: Legal sources (sauces)
Slide 25: Berne convention (1886)
Slide 28: Three step test
Slide 29: Universal Copyright Convention (1952)
Slide 30: Rome convention (1961)
Slide 32: TRIPS - Agreement on Trade-Related Aspects of Intellectual Property Rights (1994)
Slide 35: WIPO Internet Treaties (1996)
Slide 36: EU Copyright Law
Slide 39: Road to harmonization (Regulations, Directives, CJEU practice...)
(...)
Digital Copyright, Digital Agenda by EU Commission, Digital Single Market, Originality, CRM Directive, InfoSoc Directive, Directive 2001/29, Directive 2014/26/EU, UsedSoft, Painer, Football Dataco, SAS Institute, Google Adwords, Svensson, Links and copyright, Caching and copyright, ...
Department of Education, Aliah University
Kolkata
Seven day International Workshop
On Research in Social Science: Methodological Issues and Emerging Trends (30th October-5th November, 2018)
It has been said that a copyright attaches when the “pen hits the paper” (when an original work is created and “fixed” in a particular expression) but that doesn’t mean the analysis of what a copyright is and what it protects ends there. A copyright is a valuable piece of Intellectual Property that protects many types of original works, not just artistic, literary, or musical works. Copyright laws are intended to “feed the artist” and give owners the right to reproduce their works and prevent others from doing so without the owner’s permission. Thomas Edison. Henry Ford. Steve Jobs. These three household names revolutionized modern society through the protections afforded to their intellectual property by U.S. patent laws. A trademark—whether a word, slogan, design, color, color combination, overall look or feel of an item or its packaging, or even a sound —enables customers to identify the source of goods or services. As such, companies should understand the benefits and pitfalls associated with U.S. trademark laws if they ever hope to develop a successful brand. This webinar discusses the so-called “nuts and bolts of copyright law” beginning with what exactly is a copyright, how to protect a copyright, and finally how to enforce a copyright. It also breaks down U.S. patent laws into the nuts and bolts. It discusses the types of inventions that can receive protection, as well as the extent of U.S. patent protection. Finally, this webinar examines how trademarks are created and maintained, various methods of trademark protection, rights conferred by trademark registration, and steps for enforcing trademarks in the U.S. in the brick-and-mortar marketplace and online.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/copyrights-patents-trademarks-2020/
How to get copyright in India - To obtain a copyright, there are two requisites: A copyright work should be a literary, musical, dramatic or artistic work in a tangible form.The work should be original.
To get your copyright protection in India visit https://www.intepat.com/ip-services/copyright-registration-india/
RATIONALE OF COPYRIGHT PROTECTION
What is copyright?
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.
Why should copyright be protected?
Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.
Is it not true that strict application of the principle of protection of copyright hampers economic and cultural development of the society?
Yes. If copyright protection is applied rigidly, it can hamper progress of the society. However, copyright laws are enacted with necessary exceptions and limitations to ensure that a balance is maintained between the interests of the creators and of the community.
To strike an appropriate and viable balance between the rights of the copyright owners and the interests of the society as a whole, there are exceptions in the law. Many types of exploitation of work which are for social purposes such as education, religious ceremonies, and so on are exempted from the operation of the rights granted in the Act. Copyright in a work is considered as infringed only if a substantial part is made use of unauthorizedly. What is ‘substantial’ varies from case to case. More often than not, it is a matter of quality rather than quantity. For example, if a lyricist copy a very catching phrase from another lyricist’s song, there is likely to be infringement even if that phrase is very short.
Does the law allow any use of a work without permission of the owner of the copyright, and, if so, which are they?
Subject to certain conditions, a fair deal for research, study, criticism, review and news reporting, as well as use of works in library and schools and in the legislatures, is permitted without specific permission of the copyright owners. In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions are the uses of the work
1.
for the purpose of research or private study,
2.
for criticism or review,
3.
for reporting current events,
4.
in connection with judicial proceeding,
5.
performance by an amateur club or society if the performance is given to a non-paying audience, and
6.
the making of sound recordings of literary, dramatic or musical works under certain conditions.
What is the scope of protection in the Copyright Act,1957 ?
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea.
Does copyright apply to titles and names ?
Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.
WORK
What is a work?
A work means any of the following , namely, a literary, dramatic, musical or artistic work
Copyrights, Patents, and Trademarks...Oh My! (Series: Intellectual Property 101)Financial Poise
It has been said that a copyright attaches when the “pen hits the paper” (when an original work is created and “fixed” in a particular expression) but that doesn’t mean the analysis of what a copyright is and what it protects ends there. A copyright is a valuable piece of Intellectual Property that protects many types of original works, not just artistic, literary, or musical works. Copyright laws are intended to “feed the artist” and give owners the right to reproduce their works and prevent others from doing so without the owner’s permission.
Thomas Edison. Henry Ford. Steve Jobs. These three household names revolutionized modern society through the protections afforded to their intellectual property by U.S. patent laws.
A trademark—whether a word, slogan, design, color, color combination, overall look or feel of an item or its packaging, or even a sound —enables customers to identify the source of goods or services. As such, companies should understand the benefits and pitfalls associated with U.S. trademark laws if they ever hope to develop a successful brand.
This webinar discusses the so-called “nuts and bolts of copyright law” beginning with what exactly is a copyright, how to protect a copyright, and finally how to enforce a copyright. It also breaks down U.S. patent laws into the nuts and bolts. It discusses the types of inventions that can receive protection, as well as the extent of U.S. patent protection. Finally, this webinar examines how trademarks are created and maintained, various methods of trademark protection, rights conferred by trademark registration, and steps for enforcing trademarks in the U.S. in the brick-and-mortar marketplace and online.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/copyrights-patents-and-trademarks-oh-my-2021/
Law, Science & Technology: Copyright & related rights (1 of 2)
- History & developments
- Legal sources
- Copyright harmonization
- Subject matter
- Concept of originality
- Exhaustion + case study
Slide 5: Push and pull relation between technology and copyright
Slide 6: 1450 Invention of printing press
Slide 8: Statute of Ann (1710)
Slide 12: Copyright US Constitution (1790)
Slide 13: The Pirate Publisher
Slide 15: 20th century, cassette, video tape, CDs, Napster, The Pirate Bay, Popcorn Time
Slide 22: The battle of copyright (free culture, corporate capitalism, public domain)
Slide 23: Legal sources (sauces)
Slide 25: Berne convention (1886)
Slide 28: Three step test
Slide 29: Universal Copyright Convention (1952)
Slide 30: Rome convention (1961)
Slide 32: TRIPS - Agreement on Trade-Related Aspects of Intellectual Property Rights (1994)
Slide 35: WIPO Internet Treaties (1996)
Slide 36: EU Copyright Law
Slide 39: Road to harmonization (Regulations, Directives, CJEU practice...)
(...)
Digital Copyright, Digital Agenda by EU Commission, Digital Single Market, Originality, CRM Directive, InfoSoc Directive, Directive 2001/29, Directive 2014/26/EU, UsedSoft, Painer, Football Dataco, SAS Institute, Google Adwords, Svensson, Links and copyright, Caching and copyright, ...
Department of Education, Aliah University
Kolkata
Seven day International Workshop
On Research in Social Science: Methodological Issues and Emerging Trends (30th October-5th November, 2018)
It has been said that a copyright attaches when the “pen hits the paper” (when an original work is created and “fixed” in a particular expression) but that doesn’t mean the analysis of what a copyright is and what it protects ends there. A copyright is a valuable piece of Intellectual Property that protects many types of original works, not just artistic, literary, or musical works. Copyright laws are intended to “feed the artist” and give owners the right to reproduce their works and prevent others from doing so without the owner’s permission. Thomas Edison. Henry Ford. Steve Jobs. These three household names revolutionized modern society through the protections afforded to their intellectual property by U.S. patent laws. A trademark—whether a word, slogan, design, color, color combination, overall look or feel of an item or its packaging, or even a sound —enables customers to identify the source of goods or services. As such, companies should understand the benefits and pitfalls associated with U.S. trademark laws if they ever hope to develop a successful brand. This webinar discusses the so-called “nuts and bolts of copyright law” beginning with what exactly is a copyright, how to protect a copyright, and finally how to enforce a copyright. It also breaks down U.S. patent laws into the nuts and bolts. It discusses the types of inventions that can receive protection, as well as the extent of U.S. patent protection. Finally, this webinar examines how trademarks are created and maintained, various methods of trademark protection, rights conferred by trademark registration, and steps for enforcing trademarks in the U.S. in the brick-and-mortar marketplace and online.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/copyrights-patents-trademarks-2020/
How to get copyright in India - To obtain a copyright, there are two requisites: A copyright work should be a literary, musical, dramatic or artistic work in a tangible form.The work should be original.
To get your copyright protection in India visit https://www.intepat.com/ip-services/copyright-registration-india/
Module 3- Part 1.pptx ksjsjasjjssnnssnjsjsjsjsjjsAbhishekVenom
Electronics is a scientific and engineering discipline that studies and applies the principles of physics to design, create, and operate devices that manipulate electrons and other electrically charged particles. Electronics is a subfield of electrical engineering, but it differs from it in that it focuses on using active devices such as transistors, diodes, and integrated circuits to control and amplify the flow of electric current and to convert it from one form to another, such as from alternating current (AC) to direct current (DC) or from analog signals to digital signals. Electronics also encompasses the fields of microelectronics, nanoelectronics, optoelectronics, and quantum electronics, which deal with the fabrication and application of electronic devices at microscopic, nanoscopic, optical, and quantum scales.
Modern surface-mount electronic components on a printed circuit board, with a large integrated circuit at the top
Electronics have a profound impact on various aspects of modern society and culture, such as telecommunications, entertainment, education, health care, industry, and security. The main driving force behind the advancement of electronics is the semiconductor industry, which produces the basic materials and components for electronic devices and circuits. The semiconductor industry is one of the largest and most profitable sectors in the global economy, with annual revenues exceeding $481 billion in 2018. The electronics industry also encompasses other sectors that rely on electronic devices and systems, such as e-commerce, which generated over $29 trillion in online sales in 2017.
History and development
edit
See also: History of electronic engineering and Timeline of electrical and electronic engineering
One of the earliest Audion radio receivers, constructed by De Forest in 1914
Electronics has hugely influenced the development of modern society. The identification of the electron in 1897, along with the subsequent invention of the vacuum tube which could amplify and rectify small electrical signals, inaugurated the field of electronics and the electron age.[1] Practical applications started with the invention of the diode by Ambrose Fleming and the triode by Lee De Forest in the early 1900s, which made the detection of small electrical voltages such as radio signals from a radio antenna possible with a non-mechanical device.
Vacuum tubes (thermionic valves) were the first active electronic components which controlled current flow by influencing the flow of individual electrons,[2] They were responsible for the electronics revolution of the first half of the twentieth century,[3][4] They enabled the construction of equipment that used current amplification and rectification to give us radio, television, radar, long-distance telephony and much more. The early growth of electronics was rapid, and by the 1920s, commercial radio broadcasting and telecommunications were becoming widespread and electronic amplifiers
Comprehensive Guide for Intellectual Property Law : Expert AdvisefalatiSEO
In a world fueled by ideas and innovation, protecting intellectual creations has become a cornerstone of modern society. Intellectual Property (IP) law plays a pivotal role in safeguarding the rights of creators, inventors, and innovators. In this blog, we'll delve into the intricacies of intellectual property law, exploring its various facets and shedding light on how it fosters creativity, encourages progress, and safeguards originality.
Sharpen existing tools or get a new toolbox? Contemporary cluster initiatives...Orkestra
UIIN Conference, Madrid, 27-29 May 2024
James Wilson, Orkestra and Deusto Business School
Emily Wise, Lund University
Madeline Smith, The Glasgow School of Art
0x01 - Newton's Third Law: Static vs. Dynamic AbusersOWASP Beja
f you offer a service on the web, odds are that someone will abuse it. Be it an API, a SaaS, a PaaS, or even a static website, someone somewhere will try to figure out a way to use it to their own needs. In this talk we'll compare measures that are effective against static attackers and how to battle a dynamic attacker who adapts to your counter-measures.
About the Speaker
===============
Diogo Sousa, Engineering Manager @ Canonical
An opinionated individual with an interest in cryptography and its intersection with secure software development.
This presentation by Morris Kleiner (University of Minnesota), was made during the discussion “Competition and Regulation in Professions and Occupations” held at the Working Party No. 2 on Competition and Regulation on 10 June 2024. More papers and presentations on the topic can be found out at oe.cd/crps.
This presentation was uploaded with the author’s consent.
Have you ever wondered how search works while visiting an e-commerce site, internal website, or searching through other types of online resources? Look no further than this informative session on the ways that taxonomies help end-users navigate the internet! Hear from taxonomists and other information professionals who have first-hand experience creating and working with taxonomies that aid in navigation, search, and discovery across a range of disciplines.
Acorn Recovery: Restore IT infra within minutesIP ServerOne
Introducing Acorn Recovery as a Service, a simple, fast, and secure managed disaster recovery (DRaaS) by IP ServerOne. A DR solution that helps restore your IT infra within minutes.
1. Creativity, Copyrights &
Commerce
Being Excerpts From a Presentation at the
Creative Entrepreneurs Association of Nigeria
“Creative Sessions”
in Conjunction with the
British Council
Prepared by
Ese Oraka (Partner, Adelphi)
Twitter.com/@eseoraka
Twitter.com/@Adelphi_ip
Facebook.com/AdelphiAfrica
Insightsbyadelphi.blogspot.com
info@adelphionline.com
www.adelphionline.com
2. Summary:
• The Creative Entrepreneurs Association usually hosts “Creative
Sessions” for individuals in the creative sector with the aim of
discussing issues which affect them.
• At one of the sessions held at the British Council, I was invited to talk
on issues related to copyrights and the creative industry.
• Considering that there were all kinds of creatives there including
fashion designers, music artistes, writers, publishers and animators,
the issues raised and the scope of the discussions were diverse.
• I touched on issues ranging from creativity, to copyrights, culture
and commerce.
• This presentation provides a summary of my thoughts on the
various issues. Enjoy.
3. On the Role of Creativity in Nigerian
Society:
• There has been significant growth in Nigeria’s Creative Sector
in the past 10 years. This is immediately apparent in the
Music, Film & Fashion Industries; advertising has been
witnessing a new wave of growth with the advent of the New
Generation Banks and Telecoms Companies. The Software
sector is also witnessing steady and significant surges. The
contribution of our creative industry to Export is increasing.
• On a global scale, advancements in Technology have been
driven by a large dose of creativity and innovation. Creatives
need to see themselves not as an option but as a pre-condition
to Socio-Economic growth and National
Development.
4. On Copyrights:
• Copyrights generally relate to questions of who has the right
to Copy and control the distribution of original works.
Copyrights protects a literary, musical, dramatic,
choreographic, pictoral or graphic, audiovisual, or architectural
work, or a sound recording, from being reproduced
without permission from the copyright owner.
• The material to be copyrighted must be in a fixed form,
anything that is not unrecorded is not Copyrightable.
Copyrights do not protect ideas, procedures, processes, and
systems, methods of operation, concepts, principles, or
discoveries; thus a dance move cannot be copyrighted
(because its not fixed), though a video of it could be.
5. On Copyrights Infringements:
• Infringements of copyrights would include,
copying or reproducing an original work without
permission; creating of a new work directly
derived from the original work, for example by
translating to another language or performing or
displaying the work in public.
6. On Defenses against Infringement:
• The primary defense against a claim of infringement of
Copyrights is “Fair Use”. Under the doctrine of fair use, a
person is privileged to use Copyrighted material in a
reasonable manner that is to say for limited purposes
such as research, criticism, comment, teaching,
scholarship and news reporting.
7. On the requirements of Copyrights in
Nigeria:
• Copyright Law and Practice is governed in Nigeria by the Copyright
Act 1988 (amended in 1992 and 1999).The Copyright Act established
the Nigerian Copyright Commission (NCC) which is a Regulatory
Agency charged with the responsibility of overseeing copyright
issues. Nigeria is also signatory to some international copyright
treaties such as The Berne Convention 1886 and the Universal
Copyright Convention 1952.
• To copyright an original work in Nigeria, one will pay a statutory fee
in favor of the NCC to a designated bank. One would need to fill a
form including the nature of the work, year of creation, name of
creator and name of the owner of the copyright among other
details. The form will be submitted to the Commission along with a
copy or copies of the work for processing. If the application is
successful the Commission shall present the applicant with a
“Notification of Copyright” to the work.
8. On the impact of Digital Media on
Copyrights:
• In my personal opinion, one of the greatest inventions before the internet was the
Printing Press; it provided the opportunity for information to be disseminated in ways
that had never been imagined before. It obviously contributed to the development of
Copyrights Laws, because like we said earlier, copyrights relate to who has the right to
control the copying and distribution of creative work.
• Digital technology coupled with the Internet, has provided the opportunity to copy
and disseminate in ways that the inventors of the printing press and their iterators
could never have imagined. It has disrupted business models. People can now self-publish
their books, create their music and album art and distribute same worldwide,
simply using a computer connected to the internet. This provides opportunities as well
as threats.
• In reality technology has become so creative that even the creative industry and the
laws which regulate it are trying to catch up. The more up-to-date jurisdictions have
made some recent attempts at catching up; there was the Digital Millennium
Copyright Act of 1998 and the more recent US proposed bills, SOPA (Stop Online
Piracy Act) & PIPA (Protect IP Act) which if passed will have further disruptive impact
on Copyrights in the internet age.
9. On Copyrights law in relation to
current realities:
• While our current Copyright Laws are not without its
merits, they have been rendered limited in the light of
Digital Technology, the industry is turning on its head,
new business models and channels are the norm.
• There is a clear and present need for us to bring the
Nigerian Copyrights Laws in line with current realities
particularly with the growth of new media, mobile
technology and access to the internet.
10. On the Cultural Peculiarities of
Nigeria:
• In evolving a copyrights regime for Nigeria, I believe
that we need to understand our cultural peculiarities.
Piracy is pervasive in Nigeria; one of the main reasons
is the fact that many people are not even aware that
they are infringing copyrights. Wide spread awareness
must be created as an integral part of evolving the law.
• There is also a tendency for Copyright holders in
Nigeria to sleep on their rights rather than enforce
copyrights through litigation; which has further impact
on how much local precedent we have for Copyrights
cases.
11. On emerging issues in Copyrights
Law:
• The Nigerian Copyrights Commission is currently
undertaking a review of the Copyrights Act. In
the light of this, they have prepared a draft bill
titled “A BILL FOR AN ACT TO AMEND THE
COPYRIGHT ACT CAP C28 LAWS OF THE
FEDERATION OF NIGERIA 2004 TO PROVIDE FOR
BETTER PROTECTION OF COPYRIGHT IN THE
DIGITAL ENVIRONMENT”
12. On key revisions in the current draft
bill:
Some key areas of revision in the current draft bill relate to
things such as:
• Public Domain in the Internet Age- Section 6,
Subsections 4&5;
• Circumvention of Technological Devices-Section 21;
• Graduated Penalties for Infringement- Section 18 and
• Copyright Registration Processes- Section 14
13. On if upcoming artistes should
copyright their works since
unauthorized copying and
distribution could help promote
them:
• It is important that artistes protect their
Intellectual Property, regardless of whether or
not they are new artistes. Even if they are
going to wait till they are commercial
successes to enforce their rights, they should,
at least, have reserved the right to do so.
14. On how animated works may be
copyrighted:
• Animation is an emerging sub sector of the Creative
Industry within Nigeria. It is not growing as fast as I
would like, even though there is a lot of opportunity. In
general animations are protected under the general
copyrights of the works in which they feature.
• The real challenge comes when the character assumes
a life of its own, independent of the story which
originally featured the character. In this instance we
would need to go beyond Copyrights to other forms
of Intellectual Property, particularly trademarks.
15. On the need to balance Creativity,
Culture and the Commercialization of
Copyrights:
• Creativity thrives on itself; it requires access to previously created
works and high levels of collaboration to so thrive. Some have
argued that Copyrights Laws as evolved stifle creativity because they
create Monopolies of Copyrights which do not allow for further
creativity.
• In my opinion, we must see Creativity not as just providing
commercial, but also cultural value and the cultural value will only
lead to more creativity which will lead to more commercial value and
so on and so forth. It’s a delicate dance between the owners and the
users. As stakeholders in the creative economy we must constantly
seek to find a balance between the Commercial and Cultural values
of our creative works.
16. Thank you
For further inquiries, please contact
Ese Oraka (Partner, Adelphi)
Twitter.com/@eseoraka
Twitter.com/@Adelphi_ip
Facebook.com/AdelphiAfrica
Insightsbyadelphi.blogspot.com
info@adelphionline.com
www.adelphionline.com