• An Examination of Copyright Protection of Artificial Intelligence Generated Works in Nigeria

    An Examination of Copyright Protection of Artificial Intelligence Generated Works in Nigeria

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    Tertsea Joo of Matrix Solicitors in his paper, An Examination of Copyright Protection of Artificial Intelligence Generated Works in Nigeria, notes that the world has witnessed an exponential increase in Artificial Intelligence (AI) which has featured in different facets of life like automated financial investing and trading, virtual travel booking agents, self-driving cars, and automated artworks, amongst others. With this technological advancement, it has become imperative to consider the issue of granting copyright protection to AI-generated works. Tertsea examines the Nigerian law on copyright protection alongside a few other jurisdictions to determine whether AI-generated works meet the Authorship, Ownership and Originality thresholds of copyright protection, the desirability or otherwise of copyrighting AI-generated works and in whom the rights should be vested – whether in the AI Programmer or User as well as who bears liability for copyright infringement by AI-generated works.

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  • Newspaper Copyright and the Permissible Adaption for Playwrights in Nigeria: Lessons from Òlòtūré

    Newspaper Copyright and the Permissible Adaption for Playwrights in Nigeria: Lessons from Òlòtūré

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    Mujib Jimoh, Associate, Banwo & Ighodalo, Lagos, Nigeria, in his article, Newspaper Copyright and the Permissible Adaption for Playwrights in Nigeria: Lessons from Òlòtūré, explains that in 2014, a journalist, Tobore Ovuorie published an article on human trafficking in The Premium Times, an online newspaper in Nigeria. In 2019, a movie, Òlòtūré, which became a Netflix blockbuster, was produced by Ebonylife, which is an adaptation of Tobore’s article after permission had been granted by The Premium Times. Tobore posited that she ought to grant the permission. Under the Nigerian Copyright Act, the rule on where the copyright in newspaper articles lies is provided in section 9(3). There were differing interpretations of section 9(3) by practitioners. In this brilliant article, Mujib dissects the differing claims and interpretations. He discusses what is copyrightable in a work, the jurisprudence of ownership of copyright in Nigeria, and the extent to which adaptation of a work is allowed under copyright law.

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  • Rethinking Non-Patentable Inventions under Nigerian Law: The Economic Development Approach

    Rethinking Non-Patentable Inventions under Nigerian Law: The Economic Development Approach

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    Dr Gwom Gwom of the Department of Public and International Law, University of Abuja Nigeria in his article, Rethinking Non-Patentable Inventions under Nigerian Law: The Economic Development Approach, reviews the legal and regulatory regime of Patents in Nigeria. He examines the criteria for patentability of an invention; inquire into the suitability or otherwise of patentable and non-patentable inventions in the Nigerian Patent System; posit that there are still lingering questions with respect to the criteria for granting patentable rights which require answers that can be beneficial for national and economic development; and conclude that legislative changes are necessary in order to accommodate more inventions that are important to the health of the nation’s economy.

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  • Locus Standi in Copyright Collective Management in Nigeria: A Review of Musical Copyright Society of Nigeria v Adeokin Records

    Locus Standi in Copyright Collective Management in Nigeria: A Review of Musical Copyright Society of Nigeria v Adeokin Records

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    Ridwan Ajetunmobi, Research Fellow at the Nigerian Institute of Advanced Legal Studies Abuja Nigeria, in Locus Standi in Copyright Collective Management in Nigeria: A Review of Musical Copyright Society of Nigeria v Adeokin Records, examines the Supreme Court decision in Adeokin  against the background of the amendments to the Copyright Act in 1992 and 1999 with regard to whether the right of action in copyright infringement is exclusive to collecting societies or is available to an owner, assignee or licensee of copyrighted works.

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  • Issues and Perspectives on Collecting Societies and the Management of Musical Works and Sound Recordings in Nigeria

    Issues and Perspectives on Collecting Societies and the Management of Musical Works and Sound Recordings in Nigeria

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    John Onyido, Benedict Oregbemhe, and Yetunde Okojie, Partner and Associates respectively at SPA Ajibade & Co. in their article, Issues and Perspectives on Collecting Societies and the Management of Musical Works and Sound Recordings in Nigeria, note that the management and exploitation of copyrighted materials through the mechanism of collecting societies is a convenient structure that facilitates the utilisation of musical works and sound recordings by potential users. Using the Copyright Society of Nigeria v MTN Nigeria Communications Limited as a signpost, Onyido et al consider pertinent issues relating to artistes’ relationship with collecting societies including whether original copyright owners can license their work directly without involving their collecting society; whether collecting society can institute an action without joining a member whose work was infringed; and whether a collecting society can claim royalties on behalf of non-members.

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  • Expanding the Frontiers of Nigerian Copyright Laws in the Age of Social Media

    Expanding the Frontiers of Nigerian Copyright Laws in the Age of Social Media

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    Nkem Itanyi, Lecturer, Department of Commercial and Corporate Law, University of Nigeria, Nsukka and Chinelo Ngwu,  Associate, Olaniwun Ajayi LP in their article, “Expanding the Frontiers of Nigerian Copyright Laws in the Age of Social Media, note that though social media promotes intellectual creativity, and is a minefield of ideas which can be deployed into important works, works in the digital formal may or may not be protected under the Nigerian Copyright Act. As the fixation concept has become obsolete with technology, it becomes difficult to sustain as a pre-requisite for the qualification of a creation as a copyright work since intangibility and a transitory nature are common features of works placed on the internet. To cope with new infringement mechanisms in the digital era and conflict of law problems, it may be necessary to fix certain duties, such as duty to give notice of illegal activities, and duty of identification of infringers, on online service providers just like other countries have done.

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  • Copyright Choice of Law and Jurisdiction in the Digital Age

    Copyright Choice of Law and Jurisdiction in the Digital Age

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    David Ike of the Imo State University in his article, “Copyright: Choice of Law and Jurisdiction in The Digital Age”, argues that the internet is a legal and jurisdictional “no-man’s land”. He reviews international conventions and treaties on copyright disputes, and concludes that the existing legal framework for deciding jurisdiction and choice of law rules (domestic laws and international instruments on copyright, and private international law rules), are ill-fitted to respond to the needs of copyright infringement on the internet.

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  • Copyright Piracy in Nigeria: Untying the Gordian Knot

    Copyright Piracy in Nigeria: Untying the Gordian Knot

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    Geoffrey Adonu, Counsel, Probitas Partners LLP in his article, “Copyright Piracy in Nigeria: Untying the Gordian Knot”, notes that piracy is a monstrous impediment that has stunted the growth of the copyright industry. The consequential effects include loss of investment in the entertainment sector, loss of revenue for authors and the government, and discouragement of creativity. Adonu reviews the state of copyright protection in Nigeria, piracy and infringement of copyright works, and, borrowing from international best practices, the response mechanisms that can be employed in tackling piracy which he likens to the proverbial Gordian knot.

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  • Analysis of Copyright in Digital Music: Implications for New Media Licensing for Ringtones under the Nigerian Copyright Act

    Analysis of Copyright in Digital Music: Implications for New Media Licensing for Ringtones under the Nigerian Copyright Act

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    Professor Adebambo Adewopo of the Nigerian Institute of Advanced Legal Studies and Partner, L & A Legal Consultants, in his article “Analysis of Copyright in Digital Music: Implications for New Media Licensing for Ringtones Under the Nigerian Copyright Act” provides a seminal exposition of the intersection of copyright law and entertainment, media and telecommunication industries in Nigeria, addressing the most contested and recondite issue in those industries at the moment. The article interrogates the far-reaching implication of digital exploitation of ring tunes under the Nigerian Copyright Act; deconstructs the framework of copyright protection of digital music; considers the copyright rules for qualification, use and infringement of work, and application to digital music in ringtones; examines issues relating to the key rights and collective management in the digital media under the extant Copyright Act and discusses insights that should shape the practice of new media licensing that is ultimately of great interest to practitioners in the creative economy.

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