FG begins Copyright Act review

Mr John Asein, Director General of the Nigerian Copyright Commission (NCC), said the federal government has started the process of revising the 1988 Copyright Act.

“The federal government initiated the process of the first major reform of the national copyright system in over three decades.

“This follows the transmission of the copyright (repeal) bill as approved by the Federal Executive Council (FEC) to the National Assembly for enactment,” Asein said in a statement released Tuesday to Abuja.

Signed by the Commission’s director of public affairs, Mr Vincent Oyefeso, the statement quoted Asein as saying that the new bill was aimed at overhauling the copyright system in Nigeria.

It also aims, among other things, to strengthen the enforcement mechanism for copyright violations through more severe penalties and more effective procedures better suited to the digital environment, he added.

He recalled that the FEC had examined and approved the bill during its meeting of June 13, 2018 (Ref. EC 2018), following its presentation to the Council by the Honorable Attorney General of the Federation and Minister of Justice, Mr Abubakar Malami.

“Some of the new issues addressed in the bill include the right to remuneration for certain categories of copyright owners, special exceptions for people who are blind, visually impaired and unable to read print.

“Others are; a provision against circumvention of technological safeguards, information on rights management, an elaborate enforcement mechanism for online infringements and tougher penalties for criminal copyright infringements.

The Director-General revealed that the Executive Copyright Bill contains provisions to address the country’s outstanding obligations under relevant international copyright treaties.

He noted that the cardinal objectives of the bill were to: “protect the rights of authors to ensure fair reward and recognition for their intellectual efforts.

“They should also provide appropriate limitations and exceptions to ensure access to creative works and facilitate Nigeria’s compliance with obligations under relevant international copyright treaties.

“And strengthen the capacity of the Nigerian Copyright Board for effective regulation, administration and enforcement.”

Following the launch of a comprehensive reform of the Nigerian copyright system in 2012, and based on clearly defined national aspirations, he observed that a first draft copyright law, in line with global standards, was made public in February 2015.

“Based on feedback from stakeholders and the public, the draft was extensively revised by a team of national experts before being presented to the Federal Executive Council for review and approval.

“The new bill is the product of years of extensive consultation, with local and international stakeholders, industry practitioners, rights holder associations and copyright experts.

“The Commission calls on all stakeholders and partners to support the process and it also hopes that the bill will receive favourable attention,” said the Director-General.

NAN recalled that the NCC was established under Section 34 of the Copyright Act (Cap C28, Laws of the Federation of Nigeria, 2004). It was first inaugurated as the Nigerian Copyright Council on August 19, 1989, which was elevated in April 1996 to the rank of a commission and confirmed by the Copyright (Amendment) Decree of 1999.

The Commission is the government agency responsible for all copyright matters in Nigeria, including administration, regulation, enforcement and prosecution under the Copyright Act (NAN)