INTRODUCTION:

Copyright refers to the exclusive rights granted to creators of original works, such as literature, music, art, and audiovisual productions. In Nigeria, copyright protection is governed by the Copyright Act of 2022, which was signed into law on March 17, 2023, repealing the Copyright Act of 2004.

Key Aspects of Copyright Law in Nigeria:

– Protected Works: Literary, musical, artistic, audiovisual works, sound recordings, and broadcasts are eligible for copyright protection.

– Authorship: The Act defines an author as a person, excluding machines or artificial persons, except for companies.

– Rights: Copyright owners have exclusive rights to reproduce, distribute, and display their works, as well as the right to claim authorship and object to mutilation or derogatory treatment.

History of Copyright Law in Nigeria:

– 1988: The Copyright Act was first enacted to protect creative works in Nigeria.

– 2004: The Copyright Act Cap C28 Laws of the Federation of Nigeria 2004 was established, which was later repealed by the Copyright Act of 2022.

– 2022: The Copyright Act 2022 was signed into law, modernizing Nigeria’s copyright framework to align with global best practices and address the complexities of the digital era.

– 2023: The Copyright Act 2022 came into effect on March 17, 2023, ushering in a new era for copyright protection in Nigeria.

Understanding Copyright Law in Nigeria: Key Issues for Foreign Content Creators In the age of digital globalization, content travels across borders with ease. Music, videos, artwork, blogs, and digital media often reach international audiences within seconds. While this is a great advantage for creators, it also raises critical legal questions, especially when content is accessed or used in countries with different copyright laws. One such jurisdiction is Nigeria – a vibrant hub of creative activity and one of Africa’s largest digital economies. For foreign content creators who want to reach audiences in Nigeria, it’s important to understand the country’s copyright framework.

The foundation of copyright law in Nigeria is built on the Copyright Act Cap C28 Laws of the Federation of Nigeria 2004, recently amended in 2022 to align more closely with digital realities and global standards. This law grants authors and creator’s exclusive rights over their original works such as literary, musical, artistic, cinematographic, and sound recordings – once those works are expressed in a tangible form. Importantly, copyright in Nigeria does not require registration to exist. As soon as a work is created and fixed in a form that can be perceived or reproduced, it enjoys protection.

A major point of interest for foreign creators is the principle of “national treatment.” Nigeria, being a member of the Berne Convention and the World Intellectual Property Organization (WIPO), extends copyright protection to foreign works under the same conditions as it does to Nigerian works. “A creator based in the United States or the United Kingdom is entitled to automatic copyright protection for their works in Nigeria, without the need for local registration, provided that the country of origin is a signatory to the Berne Convention for the Protection of Literary and Artistic Works However, challenges remain in enforcement. Piracy – both physical and digital – is still widespread.

For digital content especially, the Nigerian law now includes provisions that recognize technological protection measures (TPMs), anti-circumvention rules, and online service provider liability. This aligns with the needs of modern content creators, such as YouTubers, streamers, or e-learning developers, who rely heavily on digital distribution. The law also allows copyright holders to license or assign their rights in Nigeria – which is essential for creators looking to monetize their work locally.

Another key issue is collective management. Foreign musicians, for instance, may need to deal with Nigeria’s collecting societies like COSON (Copyright Society of Nigeria) or MCSN (Musical Copyright Society Nigeria) when their music is played, broadcasted, or monetized in Nigeria. Disputes between these bodies have caused confusion in the past, so foreign rights holders are advised to clarify representation and licensing arrangements before allowing local use.

Finally, cultural awareness is crucial. In Nigeria, where informal content sharing is common – such as on WhatsApp, blogs, and social media – enforcement relies not just on the law but also on public education. Creators looking to protect their works in Nigeria must consider both legal safeguards and local media practices.

In conclusion, Nigeria offers significant opportunities for foreign content creators. Understanding the legal landscape – from protection and enforcement to licensing and digital rights – is vital for navigating this fast-growing creative market. Proactive steps including registration, local legal partnerships, and education on rights management, can go a long way in ensuring that creative works remain protected and profitable.

For more insight into Nigeria’s Entertainment Landscape, particularly on Nigeria’s Copyright Laws, feel free to contact BFA & co Legal. BFA & Co Legal is a leading law firm with deep expertise in Entertainment Law, dedicated to helping clients protect and enforce their Intellectual Property rights in Nigeria. Our firm offers a comprehensive range of services in the area of intellectual property, including:

-Trademark registration and protection

-Copyright protection

-Licensing and transfer agreements

At BFA & Co Legal, our unwavering commitment to excellence in intellectual property law ensures that we consistently deliver exceptional legal solutions that exceed client expectations.

We welcome inquiries on any Entertainment Law-related matters. You can reach us via email at: info@bfaandcolegal.com, bfa@bfaandcolegal.com and francisca@bfaandcolegal.com.