Criminal Liability For Certain Copyright Infringement

Copyright is a major platform or format by which works eligible for copyright are protected against unauthorized use. The necessities of extending to the creator of the works in which copyright subsist a suitable reward for his labors has long been recognized and cannot seriously be questioned . Copyright law performs a number of important functions. It facilitates public access to knowledge and a wide range use of creative works of authorship and, in so doing, it helps educate our populace, enrich our culture and promote free speech, free expression, and democratic value. It provides opportunities for rights holders to recoup investment in creating and disseminating their works and to enjoy the fruits of whatever success arises from the public’s uses of their works.Copyright law prevents the unauthorized use of copyrighted works in two ways. First, the law affords a civil remedy, including injunctions and damages to copyright owners who works have been infringed. Second, the law also defines certain violations of copyright owner’s rights to be criminal wrongs that can be prosecuted by the state.In Nigeria, the protection of copyrighted works is defined and regulated by the copyright Act as contained in chapter C28, Laws of the federation of Nigeria, 2004 and it is administered by the Nigeria copyright commission (NCC). The copyright Act provides protection for literary, musical and artistic works, cinematography, sound recording and broadcasting.Under the Act(The Nigeria Copyright Act), there are some provisions, especially those provisions that deal with criminal liability that need to be amended to bring into conformity with the constitutional provision dealing with presumption of innocence in criminal prosecution. Also, some of the punishment prescribed by the Act in respect of the infringement of copyright which constitute criminal liability are disproportionate to the severity of the infringement hence the need for a more severe punishment for infringement that constitute criminal liability

CHAPTER 1

GENERAL INTRODUCTION

1:0:0:    INTRODUCTION

1:1:0:    BACKGROUND TO THE STUDY

1:3:0:    AIMS AND OBJECTIVES OF THE STUDY

1:4:0:   FOCUS OF STUDY

1:5:0:    SCOPE AND LIMITATION OF STUDY 

 1:6:0:    RESEARCH METHODOLOGY 

1:6:0:   LITERATURE REVIEW

1.7.0:     DEFINITION OF TERMS

1.8.0:     CONCLUSION

CHAPTER 2

COPYRIGHT RIGHT IN NIGERIA

2.0.0:      INTRODUCTION

2.1.0:      NATURE OF COPYRIGHT

2.2.0:    WORKS ELIGIBLE FOR COPYRIGHT PROTECTION IN NIGERIA

2.2.1:    LITERARY WORK

2.2.2:     MUSICAL WORK

2.2.3:      ARTISTIC WORK

2.2.4:       CINEMATOGRAPH FILM

2.2.5:       SOUND RECORDINGS

2.2.6:   BROADCAST

2.3.0:        AUTHORSHIP AND OWNERSHIP OF COPYRIGHT

2.3.1:  OWNERSHIP OF COPYRIGHT IN A WORK BY EMPLOYEE-JOURNALIST

2.3.2:     OWNERSHIP OF COPYRIGHT IN WORKS OF GOVERNMENT, STATE AUTHORITIES AND INTERNATIONAL BODIES.

2.5.0:      EXCEPTIONS TO COPYRIGHT PROTECTION

2.6.0:       TRANSFER OF COPYRIGHT

2.7.0      DURATION OF COPYRIGHT

2.8.0:      INFRINGEMENT AND REMEDIES

2.8.1:        INFRINGEMENT

2.8.2:        REMEDIES

2.9.0:     CONCLUSION

  

CHAPTER THREE

NATURE OF CRIMINAL LIABILITY IN NIGERIA

3.0.0:      INTRODUCTION

3.1.0:      GENERAL NATURE OF CRIMINAL LIABILITY

3.2.0              ORIGIN OF CRIMINAL COPYRIGHT INFRINGEMENT  

3.3.0     GENERAL PROVISIONS ON CRIMINAL LIABILITY

3.4.0:     PROVISION(S) OF INTERNATIONAL CONVENTION PRESCRIBING CRIMINAL SANCTION FOR COPYRIGHT INFRINGEMENT

CHAPTER FOUR

CRIMINAL LIABILITY UNDER THE COPYRIGHT ACT

4.0.0:      INTRODUCTION

4.1.0:   OVERVIEW OF THE PROVISIONS ON CRIMINAL LIABILITY

4.2.0: CRIMINAL LIABILITY IN RESPECT OF INFRINGEMENT PERFORMER’S RIGHT

4.3.0: CRIMINAL LIABILITY IN RESPECT OF INFRINGEMENT OF FOLKLORE

4.4.0: BURDEN OF PROOF

4.5.0:        DEFENSES TO COPYRIGHT INFRINGEMENT 

4.6.0:        PENALTY AND PUNISHMENT

4.7.0:  CONCLUSION