Call us Now for Inquiries on 08168759420 and 08068231953

AN APPRAISAL OF COPYRIGHT INFRINGEMENT IN NIGERIA AND ITS CHALLENGE

ABSTRACT

This work is on AN APPRAISAL OF COPYRIGHT INFRINGEMENT IN NIGERIA AND ITS CHALLENGE. Because of the advancement witnessed in scientific and technological innovations since  20th century which have changed the face of modern society, many have concluded by terming this present civilization “the jet age”. Areas affected by this technological advancement includes the worlds legal system, changing traditional ways of safeguarding intellectual property and the economy policies of many nations by getting its legal frame work attracted to protecting copyright. Due to the ever changing forms of innovations ; such as computers which includes hi-tech phones, satellite and cable receivers /signals, facsimile transmissions and the perpetual growing internet, our laws has been kept completely in a state of flux, which calls for active innovation in our legal system. Thus, in the fight against piracy and copyright infringements of digital innovations, this article strongly recommends, exploitation of copyright works as regards to licensing, sensitization of the populace and some extra legal measure such as judicial and administrative among others to tame the tide of an otherwise socio-legal problem. If we never do anything which has not been done before we shall never get anywhere, the law will stand still whilst the rest of the world goes on and that will be bad for both.       In this fight, the NCC are faced with a plethora of challenges which include, poor financing, mobility, insecurity, favouritism, poor enforcement mechanism, poor information and communication technology (ICT) knowledge, poor equipment for the implementation of the anti-piracy policies and so on.

 

 

 

 

 

CHAPTER ONE

1.0 INTRODUCTION

1.1 BACKGROUND OF THE STUDY

It is a truism that the greatest heritage of a nation remains the creativity of its citizens, and therefore one of the primary functions of law is to protect the ingenuity, resourcefulness and innovation of the citizenry. Copyright is seen as the intangible, incorporeal, invisible and abstract proprietary rights granted by law to the author or originator of a tangible corporeal, visible and real object. According to Garner (1999), copyright is defined as a property right in an original work of authorship (such as literary, musical, dramatic choreographic, pictorial, graphic, sculptural architectural works; motion pictures and other audiovisual works and sound recordings) fixed in any tangible medium of expression, giving the holder the exclusive right to reproduce, adapt, distribute, perform and display the work.

Copyright law protects expression of ideas and not the ideas themselves. It protects creative expression that has been reduced to a tangible form. In the words of Olueze (1998), copyright, apart from being a proprietary right, is a means of empowerment and economic sustenance of the owner for he/she expends some labour and skill in his/her creation. This is worthy of protection from undue appropriation from those who will want to reap where they did not sow.

The creative industries protected by copyright law forms a very important part of Nigerian cultural and economic development. They contribute greatly to national wealth. But these creative arts have been ravaged by acts of piracy. Copyright piracy is the unauthorized reproduction of copyright works, like films, books, music, phonograms, drawings, photographs, broadcasts and computer softwares. The worst hit industries by the acts of piracy are the film and music industries. The negative impact of piracy in Nigeria and the entire globe cannot be overemphasized. In Nigeria it has caused great harm to right owners, government, investors, to mention but a few. Right owners lose significant revenue

that could have accrued to them by producing and selling at appropriate prices. While the government lose revenue that could have been realized by payment of taxes. To NCC (2008), the country and its citizens lose, inadequate respect for cultural works and heritage counters national efforts to produce indigenous culture and identity.

The indigenous creators may suffer loss of reputation and social displacement (NCC 2008). Moreover, foreign investors who would have loved to invest will no longer do so, because piracy destroys revenue that should accrue to genuine goods.

However, because of the ill effects of piracy, the government has established certain agencies to aid curb piracy. Such agencies as the Nigerian Copyright Commission (NCC), the National Film and Video Censors Board; who in conjunction with the Police, Customs and Economic and Financial Crimes Commission (EFCC) carryout raids against pirates and their syndicates. Despite the provisions of the law and the raids by this agencies copyright

piracy still abound in Nigeria.        Nigeria has joined the league of nations that have enacted domestic legislations to protect the incorporeal rights and creativity of its citizens against any undue infringement. The principal legislation in this regard is the Nigerian which is hinged on the eighth commandment,4 ‘thou shall not steal’.

Copyright is an intangible, incorporeal property, which guarantees the owner the exclusive right to deal with his/her work within a stipulated time as provided under the law. Copyright and related rights are today perceived as instruments for development, as well as providing a secured and stable environment for creative activities. The creative industry which encompasses all intellectual productions has contributed in no small measure to economic growth and development of creators

in the world in general and Nigeria in particular. Surprisingly, the owners of this intellectual

creativity are robbed of their rights by pirates who reap where they have not sown. Piracy is a great challenge to creative industry worldwide and Nigeria in particular. It may be said to be a cankerworm in the growth and development of intellectualism, more deadly than AIDS to human health, and the perpetrators, terrorists.

However, the contributions of the creative industry, particularly in copyright issues to socioeconomic development has been due to efficient management system. In Nigeria today, this management is carried out by the Nigerian Copyright Commission (NCC). This commission administers copyright issues. Its administration and the output of the creative industry has been frustrated by the effect of copyright piracy which discourages creativity. In reaction to this menace the NCC fights against piracy. However, this fight is met with numerous problems, such as poor funding, security, corruption, poor enforcement mechanism, poor knowledge of information and communication technology (ICT) and so on.

1.2 STATEMENT OF THE PROBLEM

          The NCC like any other body entrusted with some responsibilities, has some challenges. This is seen in its fight against piracy. These challenges include:

a. Poor Financing:  The NCC by its function and enforcement procedure needs adequate fund to operate and carry out its responsibilities efficiently. Sadly, and surprising too, the NCC is not adequately funded. This automatically hinders necessary and comprehensive investigations and reduces the quantum of information gathered and as a result affects the commission’s optimum performance.

b. Corruption

Some of the NCC officials who are charged with the responsibility of carrying out raids on

infringed works are corrupt, so are compromised by the pirates. The officers at times have private dealings or transactions with the infringers (pirates), and consequently, they deliberately refuse or find it difficult to find them out during their regular raids. By this, these officials close their eyes to the evil being perpetrated by the pirates. This is quite unfortunate and unbecoming of such trusted officials, who were sent on this raid in confidence.

c. Enforcement Effective enforcement of intellectual property laws is a key to curbing piracy, consequently, the position and role of law enforcement agencies like the police, army customs and officers of other relevant government agencies is crucial. In most developing countries, like Nigeria, these personnel are faced with various challenges such as, poor understanding of the issues involved; poor training; poor funding of enforcement activities; and absence of good working tools either to aid detection or in the conduct of post arrest operations.

However, a disturbing attitude also exists in the minds of the public and sometimes in the judiciary and in law enforcement agencies, that piracy is a low level of mischief with little real consequence. The members of the International Intellectual Property Alliance (IIPA) reported that the police lack the overall will, and the Economic and Financial Crimes Commission (EFCC) generally considers copyright as a secondary issue in their mandate and will rather assist the NCC to carry out its mandate rather than take the lead.

Delays in the judicial system and lack of transparency in the enforcement system discouragecopyright litigation and enforcement. This lack of transparency is as it affects right holders, for they are generally in the dark about the cases and ongoing investigations.

d. Culture

Culture is the way of life of the people within a given community. Culture of the people is a strong factor/challenge militating against the enforcement of anti-piracy measures, because the way andmanner people behave affect their lives and will definitely determine the extent of the behavior ofNCC officials who are on anti-piracy raids. For example, in the hinter-lands where the people patronize and are used to buying pirated copies of works at reduced prices, it will definitely be difficult to convince them about the negative impact of piracy and carry out raids.

e. Mobility of Officials

This is one of the major and fundamental constraints in the fight against piracy. The NCC departments and units, especially the enforcement departments should have strong, good and mobile vehicles that the officers will use to go on raids. Without these vehicles, effective surveillance and raids will be a mirage and nearly impossible, especially where the officials should cover more than one locations during the raid.

f. Insecurity

Importantly, the NCC officials find it difficult to successfully carry out raids without the police,this is because of the fear of the unknown in the field of operation. At times the copyright pirates may be aggressive and armed with different harmful instruments, that the officers need security and protection. Also the issue of insecurity in the country has made it difficult at times for the police hierarchies to release their men to NCC, and so they give the excuse that they do not have enough manpower on the ground. This definitely hampers the raid operations, because the officers find it difficult to go alone. This makes the fight against piracy difficult and consequently the pirates flourish and thrive in their businesses.

g. Language Barrier

This is another challenge facing NCC in its enforcement programs. Nigeria is a multi-lingual state and there are instances where officers are deployed to operate in an area where they do not understand the language of the natives, consequently, they will not understand each other and the raid operations will be practically impossible because of lack of communication.

h. Information and Communication Technology (ICT)

ICT is the world leading technology today, it includes the Internet. The Internet is a global network, it is a network of computer networks and has made the world to become a global village. The Internet by its very nature has vast information in it and various activities take place on the Internet including crimes and torts. Copyrighted works uploaded on the Internet are basterdised and copied with impunity. It is always common to see surfers at the cyber cafes or in their houses or offices, with few clicks on their computer distributing a copyrighted work to the entire world; Some even downloading the works and selling them. This anomaly must be checked.

However, to check the above method of piracy which is global and very vast, the NCC officials must be ICT compliant. The commission should train their officers on ICT, so as to use their expertise to curb piracy on the net. Most of the NCC officials are not computer literate. Each of them should have a functional computer connected to the global network, the Internet, so as to go through the Internet from time to time detecting infringers.

The NCC has also taken a step in the right direction, as stated earlier, in this work, by going into alliance with Google, which is one of the largest search engines on the Internet to fight Internet piracy.

i. Provision on Punishment under the Copyright Act

The penalties on criminal infringement as provided under S. 20(2) of the copyright Act is too small and may not even be a deterrent to an infringer. This also makes it difficult to convince the police that piracy is a crime that needs immediate and maximum attention. Section 20(2) provides thus: Any person who –

a) sells or lets for hire or for the purpose of trade or business, exposes or offers for sale or hires any infringing copy of any work in which copyright subsists or

b) distributes for the purposes of trade or business any infringing copy of any such work; or

c) has in his possession, other than for his private or domestic use, any infringing copy of any such work; or d) has in his possession, sells or lets for hire or distribution for the purposes of trade or business, or exposes or offers for sale or hire any copy of a work which, if it had been made in Nigeria, would be an infringing copy.

Unless he/she proves innocent infringing, is guilty of an offence and liable on conviction to a fineof N100 for each copy dealth with, or to a term of imprisonment not exceeding two years or in the case of an individual, to both such fine and imprisonment.

j. Favouritism

This is a cankerworm that has eaten deep into the fabrics of the Nigerian society. A competent official who is good in a particular area of fighting infringement may be left out and the incompetent official sent, because he/she is related to a high ranking person in the government of Nigeria. This definitely hinders successful raids. Also the pirate may be a well known person, that the NCC officer may find it difficult or impossible to enforce the anti-piracy measures. Hence piracy will continue and remain. The NCC its officers and the government must be firm in this fight and do it without fear or favour.

1.3 OBJECTIVE OF THE STUDY

1. To find out the causes of copyright piracy in the digital world particularly Nigeria.

2. To identify the relationship between copyright and digital works.

3. To examine the legal framework for copyright (digital) protection in Nigeria.

4. To identify the challenge to the infringement of copyright in Nigeria in era of new technology.

5. To examine the efforts of  Nigerian copyright commission (NCC) in the fight against piracy in Nigeria.

1.4 RESEARCH QUESTION

1. What are the causes of copyright piracy in the digital world particularly Nigeria?

2. Is there any relationship between copyright and digital works?

3. Does copyright in Nigeria has any legal framework for protection?

4. Are there  challenge posed to the infringement of copyright in Nigeria in era of new technology?

5. Is Nigerian copyright commission (NCC) making any effort to fight against piracy in Nigeria?

1.5 RESEARCH HYPOTHESES

H0: There is no significant relationship between copyright and digital works.

H1: There is a significant relationship between copyright and digital works.

H0: Copyright in Nigeria has no legal framework for protection.

H1: Copyright in Nigeria has a legal framework for protection.

1.6 SIGNIFICANCE OF THE STUDY

The mean the beneficiaries of this research work. Topic is the legal challenges to the infringement of copyright in a digital world:  a study of Nigeria.. The work will give more light to people on the implications and consequences of copyright in the era of new technology.

1.7 SCOPE OF THE STUDY

The scope of the study is : the legal challenges to the infringement of copyright in a digital world:  a study of Nigeria.

.1.8 LIMITATION OF STUDY

Despite the limited scope of this study certain constraints were encountered during the research of this project.  Some of the constraints experienced by the researcher were given below:

i.       time: This was a major constraint on the researcher during the period of the work. Considering the limited time given for this study, there was not much time to give this research the needed attention.

ii.      Finance: Owing to the financial difficulty prevalent in the country and it’s resultant prices of commodities, transportation fares, research materials etc. The researcher did not find it easy meeting all his financial obligations.

iii.     Information Constraints: Nigerian researchers have never had it easy when it comes to obtaining necessary information relevant to their area of study from private business organization and even government agencies.  People find it difficult to reveal their internal operations. The primary information was collected through face-to-face interview getting the published materials on this topic meant going from one library to other which was not easy. Although these problems placed limitations on the study,  but it did not prevent the researcher from carrying out a detailed and comprehensive research work on the subject matter.

1.9 DEFINITION OF TERMS

Copyright: The Copyright Act Cap C28 Laws of the Federation of Nigeria 2004 (the Act) defines copyright as ‘copyright under this Act.’ This definition is imprecise, ambiguous and consequently begs the question. It then means that one has to go through the entire gamut of the provisions of the Act to be able to arrive at a precise meaning of the term copyright. However, a painstaking x-ray of the relevant provisions of the Act offers the meaning of copyright as the exclusive right to do or authorise the doing of certain acts in relation, to the work in which the right subsists.

Digital: The term digital emanate from the latin word “digitus” meaning fingers used for discrete counting. Digital works is simply all those technologies that make use of information transmitted by means of discrete values using the binary system (combination of 1 and 0) rather than continues range.

Copyright Piracy:         Copyright piracy is the illegal reproduction or duplication of copyright works like phonograms, books, paintings, architectural drawings, photographs, films, broadcasts, computer software etc, for commercial purpose.

HOW TO GET THE FULL PROJECT WORK

 

PLEASE, print the following instructions and information if you will like to order/buy our complete written material(s).

 

HOW TO RECEIVE PROJECT MATERIAL(S)

After paying the appropriate amount (#25000) into our bank Account below, send the following information to

08068231953 or 08168759420

 

(1)    Your project topics

(2)     Email Address

(3)     Payment Name

(4)    Teller Number

We will send your material(s) immediately we receive bank alert

 

BANK ACCOUNTS

Account Name: AMUTAH DANIEL CHUKWUDI

Account Number: 0046579864

Bank: GTBank.

 

OR

Account Name: AMUTAH DANIEL CHUKWUDI

Account Number: 2023350498

Bank: UBA.

 

HOW TO IDENTIFY SCAM/FRAUD

As a result of fraud in Nigeria, people don’t believe there are good online businesses in Nigeria.

 

But on this site, we have provided “table of content and chapter one” of all our project topics and materials in order to convince you that we have the complete materials.

 

Secondly, we have provided our Bank Account on this site. Our Bank Account contains all information about the owner of this website. For your own security, all payment should be made in the bank.

 

No Fraudulent company uses Bank Account as a means of payment, because Bank Account contains the overall information of the owner

 

CAUTION/WARNING

Please, DO NOT COPY any of our materials on this website WORD-TO-WORD. These materials are to assist, direct you during your project.  Study the materials carefully and use the information in them to develop your own new copy. Copying these materials word-to-word is CHEATING/ ILLEGAL because it affects Educational standard, and we will not be held responsible for it. If you must copy word-to-word please do not order/buy.

 

That you ordered this material shows you have agreed not to copy word-to-word.

 

 

FOR MORE INFORMATION, CALL:

08068231953 or 08168759420

 

 

 

Visit any of our project websites below:

www.easyprojectmaterials.com

www.easyprojectmaterials.com.ng

www.easyprojectmaterial.net

www.easyprojectmaterial.net.ng

www.easyprojectsolutions.com

www.worldofnolimit.com

www.worldofnolimit.com

www.nairaproject.com.ng

www.nairaprojects.com.ng

www.nairaproject.net

www.nairaprojects.net

www.uniproject.com.ng

www.uniprojects.com.ng

 

 

 

 

 

 

 

 

 

 

Tags:

7 years ago 0 Comments Short URL

AN APPRAISAL OF COPYRIGHT INFRINGEMENT IN NIGERIA AND ITS CHALLENGE

ABSTRACT

This work is on AN APPRAISAL OF COPYRIGHT INFRINGEMENT IN NIGERIA AND ITS CHALLENGE. Because of the advancement witnessed in scientific and technological innovations since  20th century which have changed the face of modern society, many have concluded by terming this present civilization “the jet age”. Areas affected by this technological advancement includes the worlds legal system, changing traditional ways of safeguarding intellectual property and the economy policies of many nations by getting its legal frame work attracted to protecting copyright. Due to the ever changing forms of innovations ; such as computers which includes hi-tech phones, satellite and cable receivers /signals, facsimile transmissions and the perpetual growing internet, our laws has been kept completely in a state of flux, which calls for active innovation in our legal system. Thus, in the fight against piracy and copyright infringements of digital innovations, this article strongly recommends, exploitation of copyright works as regards to licensing, sensitization of the populace and some extra legal measure such as judicial and administrative among others to tame the tide of an otherwise socio-legal problem. If we never do anything which has not been done before we shall never get anywhere, the law will stand still whilst the rest of the world goes on and that will be bad for both.       In this fight, the NCC are faced with a plethora of challenges which include, poor financing, mobility, insecurity, favouritism, poor enforcement mechanism, poor information and communication technology (ICT) knowledge, poor equipment for the implementation of the anti-piracy policies and so on.

 

 

 

 

 

CHAPTER ONE

1.0 INTRODUCTION

1.1 BACKGROUND OF THE STUDY

It is a truism that the greatest heritage of a nation remains the creativity of its citizens, and therefore one of the primary functions of law is to protect the ingenuity, resourcefulness and innovation of the citizenry. Copyright is seen as the intangible, incorporeal, invisible and abstract proprietary rights granted by law to the author or originator of a tangible corporeal, visible and real object. According to Garner (1999), copyright is defined as a property right in an original work of authorship (such as literary, musical, dramatic choreographic, pictorial, graphic, sculptural architectural works; motion pictures and other audiovisual works and sound recordings) fixed in any tangible medium of expression, giving the holder the exclusive right to reproduce, adapt, distribute, perform and display the work.

Copyright law protects expression of ideas and not the ideas themselves. It protects creative expression that has been reduced to a tangible form. In the words of Olueze (1998), copyright, apart from being a proprietary right, is a means of empowerment and economic sustenance of the owner for he/she expends some labour and skill in his/her creation. This is worthy of protection from undue appropriation from those who will want to reap where they did not sow.

The creative industries protected by copyright law forms a very important part of Nigerian cultural and economic development. They contribute greatly to national wealth. But these creative arts have been ravaged by acts of piracy. Copyright piracy is the unauthorized reproduction of copyright works, like films, books, music, phonograms, drawings, photographs, broadcasts and computer softwares. The worst hit industries by the acts of piracy are the film and music industries. The negative impact of piracy in Nigeria and the entire globe cannot be overemphasized. In Nigeria it has caused great harm to right owners, government, investors, to mention but a few. Right owners lose significant revenue

that could have accrued to them by producing and selling at appropriate prices. While the government lose revenue that could have been realized by payment of taxes. To NCC (2008), the country and its citizens lose, inadequate respect for cultural works and heritage counters national efforts to produce indigenous culture and identity.

The indigenous creators may suffer loss of reputation and social displacement (NCC 2008). Moreover, foreign investors who would have loved to invest will no longer do so, because piracy destroys revenue that should accrue to genuine goods.

However, because of the ill effects of piracy, the government has established certain agencies to aid curb piracy. Such agencies as the Nigerian Copyright Commission (NCC), the National Film and Video Censors Board; who in conjunction with the Police, Customs and Economic and Financial Crimes Commission (EFCC) carryout raids against pirates and their syndicates. Despite the provisions of the law and the raids by this agencies copyright

piracy still abound in Nigeria.        Nigeria has joined the league of nations that have enacted domestic legislations to protect the incorporeal rights and creativity of its citizens against any undue infringement. The principal legislation in this regard is the Nigerian which is hinged on the eighth commandment,4 ‘thou shall not steal’.

Copyright is an intangible, incorporeal property, which guarantees the owner the exclusive right to deal with his/her work within a stipulated time as provided under the law. Copyright and related rights are today perceived as instruments for development, as well as providing a secured and stable environment for creative activities. The creative industry which encompasses all intellectual productions has contributed in no small measure to economic growth and development of creators

in the world in general and Nigeria in particular. Surprisingly, the owners of this intellectual

creativity are robbed of their rights by pirates who reap where they have not sown. Piracy is a great challenge to creative industry worldwide and Nigeria in particular. It may be said to be a cankerworm in the growth and development of intellectualism, more deadly than AIDS to human health, and the perpetrators, terrorists.

However, the contributions of the creative industry, particularly in copyright issues to socioeconomic development has been due to efficient management system. In Nigeria today, this management is carried out by the Nigerian Copyright Commission (NCC). This commission administers copyright issues. Its administration and the output of the creative industry has been frustrated by the effect of copyright piracy which discourages creativity. In reaction to this menace the NCC fights against piracy. However, this fight is met with numerous problems, such as poor funding, security, corruption, poor enforcement mechanism, poor knowledge of information and communication technology (ICT) and so on.

1.2 STATEMENT OF THE PROBLEM

          The NCC like any other body entrusted with some responsibilities, has some challenges. This is seen in its fight against piracy. These challenges include:

a. Poor Financing:  The NCC by its function and enforcement procedure needs adequate fund to operate and carry out its responsibilities efficiently. Sadly, and surprising too, the NCC is not adequately funded. This automatically hinders necessary and comprehensive investigations and reduces the quantum of information gathered and as a result affects the commission’s optimum performance.

b. Corruption

Some of the NCC officials who are charged with the responsibility of carrying out raids on

infringed works are corrupt, so are compromised by the pirates. The officers at times have private dealings or transactions with the infringers (pirates), and consequently, they deliberately refuse or find it difficult to find them out during their regular raids. By this, these officials close their eyes to the evil being perpetrated by the pirates. This is quite unfortunate and unbecoming of such trusted officials, who were sent on this raid in confidence.

c. Enforcement Effective enforcement of intellectual property laws is a key to curbing piracy, consequently, the position and role of law enforcement agencies like the police, army customs and officers of other relevant government agencies is crucial. In most developing countries, like Nigeria, these personnel are faced with various challenges such as, poor understanding of the issues involved; poor training; poor funding of enforcement activities; and absence of good working tools either to aid detection or in the conduct of post arrest operations.

However, a disturbing attitude also exists in the minds of the public and sometimes in the judiciary and in law enforcement agencies, that piracy is a low level of mischief with little real consequence. The members of the International Intellectual Property Alliance (IIPA) reported that the police lack the overall will, and the Economic and Financial Crimes Commission (EFCC) generally considers copyright as a secondary issue in their mandate and will rather assist the NCC to carry out its mandate rather than take the lead.

Delays in the judicial system and lack of transparency in the enforcement system discouragecopyright litigation and enforcement. This lack of transparency is as it affects right holders, for they are generally in the dark about the cases and ongoing investigations.

d. Culture

Culture is the way of life of the people within a given community. Culture of the people is a strong factor/challenge militating against the enforcement of anti-piracy measures, because the way andmanner people behave affect their lives and will definitely determine the extent of the behavior ofNCC officials who are on anti-piracy raids. For example, in the hinter-lands where the people patronize and are used to buying pirated copies of works at reduced prices, it will definitely be difficult to convince them about the negative impact of piracy and carry out raids.

e. Mobility of Officials

This is one of the major and fundamental constraints in the fight against piracy. The NCC departments and units, especially the enforcement departments should have strong, good and mobile vehicles that the officers will use to go on raids. Without these vehicles, effective surveillance and raids will be a mirage and nearly impossible, especially where the officials should cover more than one locations during the raid.

f. Insecurity

Importantly, the NCC officials find it difficult to successfully carry out raids without the police,this is because of the fear of the unknown in the field of operation. At times the copyright pirates may be aggressive and armed with different harmful instruments, that the officers need security and protection. Also the issue of insecurity in the country has made it difficult at times for the police hierarchies to release their men to NCC, and so they give the excuse that they do not have enough manpower on the ground. This definitely hampers the raid operations, because the officers find it difficult to go alone. This makes the fight against piracy difficult and consequently the pirates flourish and thrive in their businesses.

g. Language Barrier

This is another challenge facing NCC in its enforcement programs. Nigeria is a multi-lingual state and there are instances where officers are deployed to operate in an area where they do not understand the language of the natives, consequently, they will not understand each other and the raid operations will be practically impossible because of lack of communication.

h. Information and Communication Technology (ICT)

ICT is the world leading technology today, it includes the Internet. The Internet is a global network, it is a network of computer networks and has made the world to become a global village. The Internet by its very nature has vast information in it and various activities take place on the Internet including crimes and torts. Copyrighted works uploaded on the Internet are basterdised and copied with impunity. It is always common to see surfers at the cyber cafes or in their houses or offices, with few clicks on their computer distributing a copyrighted work to the entire world; Some even downloading the works and selling them. This anomaly must be checked.

However, to check the above method of piracy which is global and very vast, the NCC officials must be ICT compliant. The commission should train their officers on ICT, so as to use their expertise to curb piracy on the net. Most of the NCC officials are not computer literate. Each of them should have a functional computer connected to the global network, the Internet, so as to go through the Internet from time to time detecting infringers.

The NCC has also taken a step in the right direction, as stated earlier, in this work, by going into alliance with Google, which is one of the largest search engines on the Internet to fight Internet piracy.

i. Provision on Punishment under the Copyright Act

The penalties on criminal infringement as provided under S. 20(2) of the copyright Act is too small and may not even be a deterrent to an infringer. This also makes it difficult to convince the police that piracy is a crime that needs immediate and maximum attention. Section 20(2) provides thus: Any person who –

a) sells or lets for hire or for the purpose of trade or business, exposes or offers for sale or hires any infringing copy of any work in which copyright subsists or

b) distributes for the purposes of trade or business any infringing copy of any such work; or

c) has in his possession, other than for his private or domestic use, any infringing copy of any such work; or d) has in his possession, sells or lets for hire or distribution for the purposes of trade or business, or exposes or offers for sale or hire any copy of a work which, if it had been made in Nigeria, would be an infringing copy.

Unless he/she proves innocent infringing, is guilty of an offence and liable on conviction to a fineof N100 for each copy dealth with, or to a term of imprisonment not exceeding two years or in the case of an individual, to both such fine and imprisonment.

j. Favouritism

This is a cankerworm that has eaten deep into the fabrics of the Nigerian society. A competent official who is good in a particular area of fighting infringement may be left out and the incompetent official sent, because he/she is related to a high ranking person in the government of Nigeria. This definitely hinders successful raids. Also the pirate may be a well known person, that the NCC officer may find it difficult or impossible to enforce the anti-piracy measures. Hence piracy will continue and remain. The NCC its officers and the government must be firm in this fight and do it without fear or favour.

1.3 OBJECTIVE OF THE STUDY

1. To find out the causes of copyright piracy in the digital world particularly Nigeria.

2. To identify the relationship between copyright and digital works.

3. To examine the legal framework for copyright (digital) protection in Nigeria.

4. To identify the challenge to the infringement of copyright in Nigeria in era of new technology.

5. To examine the efforts of  Nigerian copyright commission (NCC) in the fight against piracy in Nigeria.

1.4 RESEARCH QUESTION

1. What are the causes of copyright piracy in the digital world particularly Nigeria?

2. Is there any relationship between copyright and digital works?

3. Does copyright in Nigeria has any legal framework for protection?

4. Are there  challenge posed to the infringement of copyright in Nigeria in era of new technology?

5. Is Nigerian copyright commission (NCC) making any effort to fight against piracy in Nigeria?

1.5 RESEARCH HYPOTHESES

H0: There is no significant relationship between copyright and digital works.

H1: There is a significant relationship between copyright and digital works.

H0: Copyright in Nigeria has no legal framework for protection.

H1: Copyright in Nigeria has a legal framework for protection.

1.6 SIGNIFICANCE OF THE STUDY

The mean the beneficiaries of this research work. Topic is the legal challenges to the infringement of copyright in a digital world:  a study of Nigeria.. The work will give more light to people on the implications and consequences of copyright in the era of new technology.

1.7 SCOPE OF THE STUDY

The scope of the study is : the legal challenges to the infringement of copyright in a digital world:  a study of Nigeria.

.1.8 LIMITATION OF STUDY

Despite the limited scope of this study certain constraints were encountered during the research of this project.  Some of the constraints experienced by the researcher were given below:

i.       time: This was a major constraint on the researcher during the period of the work. Considering the limited time given for this study, there was not much time to give this research the needed attention.

ii.      Finance: Owing to the financial difficulty prevalent in the country and it’s resultant prices of commodities, transportation fares, research materials etc. The researcher did not find it easy meeting all his financial obligations.

iii.     Information Constraints: Nigerian researchers have never had it easy when it comes to obtaining necessary information relevant to their area of study from private business organization and even government agencies.  People find it difficult to reveal their internal operations. The primary information was collected through face-to-face interview getting the published materials on this topic meant going from one library to other which was not easy. Although these problems placed limitations on the study,  but it did not prevent the researcher from carrying out a detailed and comprehensive research work on the subject matter.

1.9 DEFINITION OF TERMS

Copyright: The Copyright Act Cap C28 Laws of the Federation of Nigeria 2004 (the Act) defines copyright as ‘copyright under this Act.’ This definition is imprecise, ambiguous and consequently begs the question. It then means that one has to go through the entire gamut of the provisions of the Act to be able to arrive at a precise meaning of the term copyright. However, a painstaking x-ray of the relevant provisions of the Act offers the meaning of copyright as the exclusive right to do or authorise the doing of certain acts in relation, to the work in which the right subsists.

Digital: The term digital emanate from the latin word “digitus” meaning fingers used for discrete counting. Digital works is simply all those technologies that make use of information transmitted by means of discrete values using the binary system (combination of 1 and 0) rather than continues range.

Copyright Piracy:         Copyright piracy is the illegal reproduction or duplication of copyright works like phonograms, books, paintings, architectural drawings, photographs, films, broadcasts, computer software etc, for commercial purpose.

HOW TO GET THE FULL PROJECT WORK

 

PLEASE, print the following instructions and information if you will like to order/buy our complete written material(s).

 

HOW TO RECEIVE PROJECT MATERIAL(S)

After paying the appropriate amount (#5000) into our bank Account below, send the following information to

08068231953 or 08168759420

 

(1)    Your project topics

(2)     Email Address

(3)     Payment Name

(4)    Teller Number

We will send your material(s) immediately we receive bank alert

 

BANK ACCOUNTS

Account Name: AMUTAH DANIEL CHUKWUDI

Account Number: 0046579864

Bank: GTBank.

 

OR

Account Name: AMUTAH DANIEL CHUKWUDI

Account Number: 2023350498

Bank: UBA.

 

HOW TO IDENTIFY SCAM/FRAUD

As a result of fraud in Nigeria, people don’t believe there are good online businesses in Nigeria.

 

But on this site, we have provided “table of content and chapter one” of all our project topics and materials in order to convince you that we have the complete materials.

 

Secondly, we have provided our Bank Account on this site. Our Bank Account contains all information about the owner of this website. For your own security, all payment should be made in the bank.

 

No Fraudulent company uses Bank Account as a means of payment, because Bank Account contains the overall information of the owner

 

CAUTION/WARNING

Please, DO NOT COPY any of our materials on this website WORD-TO-WORD. These materials are to assist, direct you during your project.  Study the materials carefully and use the information in them to develop your own new copy. Copying these materials word-to-word is CHEATING/ ILLEGAL because it affects Educational standard, and we will not be held responsible for it. If you must copy word-to-word please do not order/buy.

 

That you ordered this material shows you have agreed not to copy word-to-word.

 

 

FOR MORE INFORMATION, CALL:

08068231953 or 08168759420

 

 

 

Visit any of our project websites below:

www.easyprojectmaterials.com

www.easyprojectmaterials.com.ng

www.easyprojectmaterial.net

www.easyprojectmaterial.net.ng

www.easyprojectsolutions.com

www.worldofnolimit.com

www.worldofnolimit.com

www.nairaproject.com.ng

www.nairaprojects.com.ng

www.nairaproject.net

www.nairaprojects.net

www.uniproject.com.ng

www.uniprojects.com.ng

 

 

 

 

 

 

 

 

 

 

Tags:

7 years ago 0 Comments Short URL