Abstract
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Copyright is gradually assuming prominence in this country. This is not surprising
because of its economic significance. Copyright seeks and aims at protecting the
author’s economic interests nationally and internationally. It is not only of economic
significance to the authors but also to the public in general.
Copyright does not prohibit all copying or replication. It is not one of those rights that
admit of no exception. This shows that certain acts are exempted from copyright
control. The Copyright Act, especially schedule two thereto, specifies a number of
exceptions from the general principle of copyright control. The exceptions do not
have general application to all the eligible works. Its application depends on the
nature and type of a particular work. All the exceptions specified in the Second
Schedule to the Act apply to Literary, Musical, Artistic Works and Cinematograph
Film; they have limited application in respect of Sound Recordings and Broadcasts.
Sound Recordings are only subject to paragraphs (a), (h), (k), (l), and (p) of the
Second Schedule, while at the same time paragraphs (a), (h), (k), (n), and (o) apply to
broadcasts
There are also some other special exceptions specified under the third schedule in
respect of sound recordings of musical works. Moreover, other exceptions abound
throughout the length and breadth of the Copyright Act.
These exceptions make it clear that copyright in work is not infringed by any person
whose act comes within the context of any of the specified exceptions.
The aim of this work as the title suggests is to discuss the relevant provisions of the
Copyright Act that protects Fair Dealing. Infringement under the law is not condoned
but when the act or omission is carried on under some special circumstances of Fair
Dealing, it is not regarded as infringement under the law.
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The copyright law made provisions for the protection of intellectual works, criteria for
eligibility, originality, fixation and duration of copyright works as well as sanctions or
punishment for infringement of such works but the copyright law made copious
provisions for exceptions. For instance, it is not infringement by doing any of the acts
reserved for the copyright owner by way of Fair Dealing for purposes of research, private
use, criticism or review or the reporting of current events. It is these exceptions and others
that are regarded as Fair Dealing under the Copyright Act.
With a view to achieving the purpose of this the work, is divided into Chapters each
Chapter dealing with a distinct aspect of the Copyright Act.
The introductory aspect of copyright, including Meaning of Intellectual Property,
Copyright, the Rationale for Copyright Protection, as well as the Nature and Scope of
Copyright will be discussed in Chapter One.
The Historical Evolution, Ownership, Duration, Transfer, and Transmission, Copyright
and other related Rights (Neighboring Rights) and the Socio-economic impact of
Copyright Act in Nigeria, Administration of Copyright in Nigeria and Challenges to
Effective Copyright Administration in Nigeria will be taken care of in Chapter Two.
Infringement of Copyright Meaning of Infringement, Modes of Infringement, Proof of
Copyright Infringement, Enforcement and Remedies and Exceptions to Copyright Control
is dealt with in Chapter Three.
The Concept of Fair Dealing in Copyright Protection, Nature of Fair Dealing in
Copyright Protection, Rationale for Fair Dealing as an Exception to Copyright
Protection forms the Fourth Chapter.
Chapter Five deals with Fair Dealing and Challenges to Copyright Protection,
Challenge of Copyright in the Digital Age, Challenge for Educators, Copyright Act:
Copyright Challenge in Nigeria
Chapter six is the concluding part of the thesis, which includes the recommendations
made