WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/1/NGAlC/l 
6 November 2001 
(01-5451 ) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
NIGERIA 
The present document reproduces the textl of the Copyright Act, as last amended in 1999, as 
notified by Nigeria under Article 63.2 of the Agreement (see document IPINIlINGAl2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETlt INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
NIGERIA 
Le present document contient le textel de la Loi sur le droit d'auteur, modifie en demier lieu 
en 1999 et notifie par le Nigeria au titre de l'article 63:2 de l'Accord (voir le document 
IPINIlINGAl2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL P ARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
NIGERIA 
En el presente documento se reproduce el textol de la Ley de Derecho de Autor, modificada 
por ultima vez en 1999, que Nigeria notifico de conformidad con 10 dispuesto en el parrafo 2 del 
articulo 63 del Acuerdo (vease el documento IPIN11INGAl2). 
1 In English only'/En anglais seulement.JEn ingles solamente. JPINIIINGA/C/l 
Page 2 
Nigerian 
Copyright Act 
(As alllended) Nigerian Copyright Act (as amended) 
NOTE IPINIIINGA/C/l 
Page 3 
The present Copyright Act was promulgated in 1988 as the Copyright Decree 
(No. 47) of that year. With the revision of all existing federal legislation, the 
Decree was redesignated the Copyright Act and contained in Cap. 68 Laws of the 
Federation of Nigeria, 1990. The Act has since been amended by the Copyright 
(Amendment) Decree (No. 98) of 1992 and the Copyright (Amenoment) Decree. 
(No. 42) of 1999. This publication contains the Act, incorporating the recent 
amendments. It also contains all the subsidiary legislation made under the Act. 
Nigerian Copyright Conlmission IPINIIINGA/C/1 
Page 4 
COPYRIGHT ACT 
(Cap. 68, Laws of the Federation of Nigeria, 1990 as amended by the 
Copyright Amendment Decree No. 98 of 1992 and the Copyright 
(Amendment) Decree 1999) 
ARRANGEMENT OF SECTIONS 
SECTION 
PART I-COPYRIGHT 
1. Works eligible for copyright. 
2. Copyright by virtue of nationality or domicile. 
3. Copyright by reference to country of origin. 
4. Copyright in works of Government, State Authorities and international 
bodies. 
4A Copyright by reference to international agreements 
5. General nature of copyright. 
6. Nature of copyright in sound recording. 
7. Nature of copyright in broadcast. 
8. Broadcasting of works incorporated in cinematograph film. 
9. First ownership of copyright. 
10. Assignment and licence. 
11. Right to claim authorship. 
12. Right to share in proceeds of sale. 
13. Duty of printer, etc. to keep register. 
14. Infringement of copyright. 
15. Action for infringement. 
15A. Limitation to the right of action 
16. Conversion rights. 
17. Infringement actionable as breach of statutory duty. 
18. Criminal liability. 
18A Anti-piracy measures 
19. Offence by bodies corporate. 
20. Penalties for making false entries. 
21. Civil and criminal actions may be simultaneous. 
22. Order for inspection and seizure. 
PART II-NEIGHBOURING RIGHTS 
23. Performer's right. 
24. Duration of performer's right. 
25. Infringement of performer's right. 
26. Infringement of a performer's right actionable. 
27. Criminal liability in respect of infringement of performer's right. 
28. Protection of expressions of folklore. 
29. Infringement of folklore. 
29A. Criminal liability in respect of infringement of folklore PART Ill-ADMINISTRATION OF COPYRIGHT 
30. Establishment of the Nigerian Copyright Commission. 
30A. Copyright licensing panel. IPINI1INGA/CI1 
Page 5 
31. Establishment, membership and functions of the Governing Board. 
32. Appointment of the Director-General and other staff of the Commission. 
32A Copyright Inspectors 
32B Collecting Society 
32C Levy on copyright material 
PART IV-MISCELLANEOUS 
33. Reciprocal extension of protection 
34. Admission of affidavit evidence. 
35. Presumptions. 
36. Restriction of importation of printed copies. 
37. Regulations. 
38. Jurisdiction. 
38A Limitation on suit against the Commission, etc. 
38B Service of documents. 
38C Restriction on execution against the property of the Commission 
380 Po\ver of the Minister to give directives. 
39. Interpretation. 
40. Repeals and transitional, etc. provisions. 
41. Short title. 
FIRST SCHEDULE 
TERMS OF COPYRIGHT 
SECOND SCHEDULE 
EXCEPTIONS FROM COPYRIGHT CONTROL 
THIRD SCHEDULE 
SPECIAL EXCEPTIONS TN RESPECT OF RECORDS OF SOUND 
RECORDING 
FOURTH SCHEDULE 
COMPULSORY LICENCES FOR TRANSLATION AND 
REPRODUCTION OF CERTAIN WORI):S 
FIFTH SCHEDULE 
TRANSITIONAL AND SAVINGS PROVISIONS· fPINIIINGAIC/l 
Page 6 
COPYRIGHT ACT 
An Act to make provisions for the definition, protection, transfer, 
infringement of and remedy and penalty thereof of the copyright in literary 
works, musical works, artistic works, cinematograph films, sound recordings, 
broadcast and other ancillary matters. 
Commencement 
19th December, 1988 
PART I-COPYRIGHT 
1. "Yorks eligible for copyright 
(1) Subject to this section, the following shall be eligible for copyright­
(a) literary works; 
(b) musical works; 
(c) artistic works; 
(d) cinematograph films; 
(e) sound recordings; and 
(t) broadcasts. 
(2) A literary, musical or artistic work shall not be eligible for copyright unless­
(a) sufficient effort has been expended on making the work to give it an 
original character; 
(b) the work has been fixed in any definite medium of expression now known 
or later to be developed, from which it can be perceived, reproduced or 
otherwise communicated either directly or with the aid of any machine or 
device. 
(3) An artistic work shall not be eligible for copyright, if at the time when the 
work is made, it is intended by the author to be used as a model or pattern to 
be multiplied by any industrial process. 
(4) A work shall not be ineligible for copyright by reason only that the making of 
the work or the doing of any act in relation to the work involved an 
infringement of copyright in some other work. 
2. Copyright by virtue of nationality or domicile 
(1) Copyright shall be conferred by this section on every work eligible for 
copyright of which the author or, in the case of a work of joint authorship, any 
of the authors is at the time when the work is made, a qualified person, that is 
to say-
(a) an individual who is a citizen of, or is domiciled in Nigeria; or 
(b) a body corporate incorporated by or under the laws of Nigeria. 
(2) The term of copyright conferred by this section shall be calculated according 
to the table set out in the First Schedule to this Act. IPlNlllNGA/C/l 
Page 7 
(3) In the case of anonymous or pseudonymous literary, musical or artistic works 
the copyright therein shall subsist until the end of the expiration of seventy 
years from the end of the year in which the work was first published: 
Provided that, when the author becomes known, the term of copyright shall be 
calculated in accordance with paragraph 1 of the First Schedule to this Act. 
(4) In the case of a work of joint authorship, a reference in the First Schedule to 
this Act to the death of the author shall be taken to refer to the author who dies 
last, whether or not he is a qualified person within subsection (1) of this 
section. 
3. Copyright by reference to country of origin 
(1) Copyright shall be conferred by this section on every work, other than a 
broadcast, which is eligible for copyright and which-
(a) being a literary, musical or artistic work or a cinematograph film, is first 
published in Nigeria; or 
(b) being a sound recording, is made in Nigeria, and which has not been the 
subject of copyright conferred by section 2 of this Act. 
(2) Copyright conferred on a work by this section shall have the same duration as 
is provided by section 2 of this Act in relation to the same type of work. 
4. Copyright in works of Government, State authorities and international 
bodies 
(1) Copyright shall be conferred by this section on every work which is eligible 
for copyright and is made by or under the direction or control of the 
Government, a State authority state or a prescribed international body. 
(2) The term of copyright confen-ed by this section shall be calculated 111 
accordance with the table set out in the First Schedule to this Act. 
4A Copyright by reference to international agreements 
(1) Copyright shall be conferred by this section on every work if-
(a) on the date of its first publication at least one of the authors is­
(i) a citizen of or domiciled in, or 
(ii) a body corporate established by or under the laws of 
a country that is a party to an obligation in a treaty or other international 
agreement to which Nigeria is a party; 
(b) the work is first published-
(i) in a country which is a party to an obligation in a treaty or other 
international agreement to which Nigeria is party, 
(ii) by the United Nations or any of its specialised agencies, 
(iii) by the Organisation of African Unity, or 
(iv) by the Economic Community of West African States. 
(2) Where -the question aris~s a.s to whether a country is a party to an obligation in 
a treaty or other international agreement to which Nigeria is also a party, a 
certificate from the Commission to that effect shall be conclusive proof of that 
fact. IPIN11INGAIC/1 
Page 8 
5. General nature of copyright 
(1) Subject to the exceptions specified in the Second Schedule to this Act, 
copyright in a work shall be the exclusive right to control the doing in Nigeria 
of any of the following acts, that is-
(a) in the case of a literary or musical work, to do and authorise the doing of 
any of the following acts-
(i) reproduce the work in any material form; 
(ii) publish the work; 
(iii) perform the work in public; 
(iv) produce, reproduce, perform or publish any translation of the work; 
(v) make any cinematograph film or a record in respect of the work; 
(vi) distribute to the public, for commercial purposes, copies of the work, 
by way of rental, lease, hire, loan or similar arrangement; 
(vii) broadcast or communicate the work to the public by a loudspeaker or 
any other similar device; 
(viii) make any adaptation of the work; 
(ix) do in relation to a translation or an adaptation of the work, any of the 
acts specified in relation to the work in sub-paragraphs (i) to (vii) of this 
paragraph; 
(b) in the case of an artistic work, to do or authorise the doing of any of the 
following acts, that is-
(i) reproduce the work in any material form, 
(ii) publish the work, 
(iii) include the work in any cinematograph film, 
(iv) make any adaptation of the work, 
(v) do in relation to an adaptation of the work any of the acts specified in 
relation to the work in subparagraphs (i) to (iii) of this paragraph; 
(c) in the case of cinematograph film, to do or authorise the doing of any of 
the following acts, that is-
(i) make a copy of the film, 
(ii) cause the film, in so far as it consists of visual tmages to be seen in 
public and, in so far as it consists of sounds, to be heard in public, 
(iii) make any record embodying the recording in any part of the sound 
track associated with the film by utilising such sound track, 
(iv) distribute to the public, for commercial purposes copies of the work, by 
way of rental, lease, hire, loan or similar arrangement. 
(2) The doing of any of the acts referred to in subsection (1) of this section shall 
be in respect of the whole or a substantial part of the work either in its original 
form or in any form recognisably derived from the original. 
(3) Copyright in a work of architecture shall also include the exclusive right to 
control the erection of any building which reproduces the whole or a 
substantial part of the work either in its original fO,rm or, in any form· 
recognisably derived from the original, but not the right to control the 
reconstruction in the same style as the original of a building to which the 
copyright relates. 
(4) The provisions of the Third Schedule of this Act shall apply to musical works. 6. Nature of copyright in sound recording IPINIlINGA/CIl 
Page 9 
(1) Copyright in a sound recording shall be the exclusive right to control in 
Nigeria-
(a) the direct or indirect reproduction, broadcasting or communication to the 
public of the whole or a substantial part of the recording either in its 
original form or in any form recognisably derived from the original; 
(b) the distribution to the public for commercial purposes of copies of the 
work by way of rental, lease, hire, loan or similar arrangement. 
(2) The exception specified in paragraphs (a), (h), (k), (1), and (p) of the Second 
Schedule to this Act shall apply to the copyright in sound recording in like 
manner as they apply to copyright in literary, musical or artistic work or a 
cinematograph film. 
7. Nature of copyright in broadcast 
(l) Subject to this section, copyright in a broadcast shall be the exclusive right to 
control the doing in Nigeria of any of the following acts, that is-
(a) the recording and the re-broadcasting of the whole or a substantial part of 
the broadcast; 
(b) the communication to the public of the whole or a substantial part of a 
television broadcast, either in its original form or in any form recognisably 
derived from the original; and 
(c) the distribution to the public for commercial purposes, of copies of the 
work, by way of rental, lease, hire, loan or similar arrangement. 
(2) The copyright in a television broadcast shall include the right to control the 
taking of still photographs from the broadcast. 
(3) The exceptions specified in paragraphs (a), (h), (k) , (n) and (0) of the Second 
Schedule to this Act shall apply to the copyright in a broadcast, in like manner 
as they apply to copyright in· literary, musical or artistic work or a 
cinematograph film. 
8. Broadcasting of works incorporated in cinematograph film 
(1) Where the owner of the copyright in any literary, musical or artistic work 
authorises a person to incorporate the work in a cinematograph film and a 
broadcasting authority broadcasts the film, the owner of the copyright shall, in 
the absence of any express agreement to the contrary between the owner and 
that person, be deemed to have authorised the broadcast. 
(2) Notwithstanding subsection (1) of this section, where a broadcasting authority 
broadcasts a cinematograph film in which a musical work is incorporated, the 
owner of the right to broadcast the musical work shall, subject to this Act, be 
entitled to receive fair compensation from the broadcasting authority. 
(3) In the absence of an agreement on or relating to the compensation payable 
under subsection (2) of this section, the amount of compensation shall be 
determined by the court. 
9. First ownership of copyright 
(1) Copyright conferred by sections 2 and 3 of this Act, shall vest initially in the 
author. JPINIIINGAICIl 
Page 10 
(2) Notwithstanding subsection (6) of section 10 of this Act where a work-
(a) is commissioned by a person who is not the author's employer under a 
contract of service or apprenticeship; or 
(b) not having been so commissioned, is made in the course of the author's 
employment, the copyright shall belong in the first instance to the author, 
unless otherwise stipulated in \\-Titing under the contract. 
(3) Where a literary, artistic or musical work is made by the author in the course 
of his employment by the proprietor of a ne\vsp::lper, m::lgazine or similar 
periodical under a contract of service or apprenticeship as is so made for the 
purpose of publication in a newspaper, magazine or similar periodical, the said 
proprietor shall, in the absence of any agreement to the contrary. be the first 
owner of copyright in the work in so far as the copyright relates' to the 
publication of the work in any ne\vspaper, magazine or similar periodical; or 
to the reproduction of the work for the purpose of its being so published; but 
in all other respects, the ::luthor shall be the first owner of the copyright in the 
work. 
(4) In the case of a cinematograph film or sound recording, the author shall be 
obliged to conclude, prior to the making of the \'.·ork, contracts in \\-Titing with 
all those whose works are to be used in the making of the \\'ork. 
(5) Copyright conferred by section 4 of this Act, shell I vest initially in the 
Government on behalf of the Federal Republic of Nigeri::l, in the State 
authority on beh::llf of the State in question, or in the international body in 
question, as the case may be, and not in the author. 
10. Assignment and licence 
(l) Subject to the provisions of this section, copyright shall be transmissible by 
assignment, by testamentary disposition or by operation of law, as movable 
property. 
(2) An assignment or testamentary disposition of copyright may be limited so as 
to apply to only some of the acts which the owner of the cop'yright has the 
exclusive right to control, or to a part only of the period of the copyright, or to 
a specified country or other geographical area. 
(3) No assignment of copyright and no ex..:lusive licence to do an act the doing of 
which is controlled by copyright shall have effect unless it is in writing. 
(4) A non-exclusive licence to. do an act the doing of which is controlled by 
copyright may be written or oral, or may be inferred from conduct. 
(5) An assignment or licence granted by one copyright owner shall have effect as 
if granted by his co-owner also, and, subject to any contract between them, 
fees received by the grantors shall be divided equitably between all the co­
owners. 
(6) For the purposes of this subsection, persons shall be deemed to be co-owners­
(a) if they share a joint interest in the whole or any part of a copyright; or 
(b) if they have interests in the various copyrights in a composite production, 
that is to say, a production consisting of two or more works. 
(7) An assignment, licence or testamentary disposition may be effectively granted 
or made in respect of a future work or an existing work in which copyright 
does not yet subsist; and the prospective copyright in any such work shall be 
transmissible by operation of law as movable property. IPINIlINGAICIl 
Page 11 
(8) A testamentary disposition of material on which a work is first written or 
otherwise recorded shall, in the absence of any contrary ,indication, be 
presumed to include any copyright or prospective copyright in the work which 
is vested in the deceased. 
11. Right to claim authorship 
(1) The author of a work in which copyright subsists has the right-
(a) to claim authorship of his work, in particular that his authorship be 
indicated in connection with any of the acts referred to in section 5 of this 
Act except when the work is included incidentally or accidentally when 
reporting current events by means of broadcasting; 
(b) to object and to seek relief in connection with any distortion, mutilation or 
other modification of, and any other derogatory action in relation to his 
work, where such action would be or is prejudicial to his honour or 
reputation. 
(2) The rights referred to in subsection (1) of this section, are perpetual, 
inalienable and imprescriptible. 
(3) For the purpose of this section, "author" includes his heirs and successors-in­
title. 
12. Right to share in proceeds of sale 
(1) Notwithstanding any assignment or sale of the original work, the authors of 
graphic works, three-dimensional works and manuscripts shall have an­
inalienable right to a share in the proceeds of any sale of that work or 
manuscript by public auction or through a dealer whatever the method used by 
the latter to carry out the operation. 
(2) The right conferred by this section shall apply to originals of such work. 
(3) The conditions for the exercise of the rig~t conferred by this section shall be 
determined by regulations to be made by the Nigerian Copyright Commission 
established under section 30 of this Act. 
(4) The foregoing provisions of this section, shall not apply to architectural works 
or applied art. 
(5) In this section, "author" includes heirs and successors-in-title. 
13. Duty of printer, etc. 
Publishers, printers, producers or manufacturers of works in which copyright 
subsists shall keep a register of all works produced by them showing the 
following, that is-
(a) the name of the author; 
Cb) the title; 
Cc) year of production; and 
(d) the quantity of the \vork produced. 
14. Infringement of copyright 
Cl) Copyright is infringed by any person who without the licence or authorization 
of the owner of the copyright-
(a) does, or causes any other person to do an act, the doing of which is 
controlled by copyright; JP/NIl/NGA/CIl 
Page 12 
(b) imports or causes to be imported into Nigeria any copy of a work which if 
it had been made in Nigeria would be an infringing copy under this section 
of this Act; 
(c) exhibits in public any article in respect of which copyright is infringed 
under paragraph (a) of this subsection; 
(d) distributes by way of trade, offers for sale, hire or otherwise or for any 
purpose prejudicial to the owner of the copyright, any article in respect of 
which copyright is infringed under paragraph (a) of this subsection; 
(c) makes or has in his possession, plates, master w.pes, machines, equipment 
or contrivances used for the purpose of m:lking infringed copies of the 
work; 
(f) permits a place of public entertainment or of business to be used for a 
performance in the public of the work, where the performance constitutes 
an infringement of the copyright in the work, unless the person permitting 
the place to be so used was not aware, and had no reasonable ground for 
suspecting that the performance would be an infringement of the copyright; 
(g) performs or causes to be performed for the purposes of trade or business or 
as supporting facility to a trade or business, any work in which copyright 
subsists. 
(2) Notwithstanding subsection (1) of this section, or any other provision of this 
Act, where any work in which copyright subsists or a reproduction of any such 
works is comprised in-
(a) the archives stored in the National Archives established under the Public 
Archives Act; I or 
(b) the public records of a State, being records for the storage or custody of 
which provision is made by law, the copyright in the work is not infringed 
by the making or the supplying to any person, of any reproduction of the 
work in pursuance of that Act or law. 
15. Action for infringement 
(1) Subject to this Act, infringement of copyright shall be actionable at the suit of 
the owner, assignee or an exclusive licensee of the copyright, as the case may 
be, in the Federal High Court exercising jurisdiction in the place where the 
infringement occurred; and in any action for such an iryfringement, all such 
relief by way of damages, injunction, accounts or otherwise shall be available 
to the plaintiff as is available in any corresponding proceedings in respect of 
infringement of other proprietary rights. 
(2) Where an action for infringement of copyright brought by the copyright owncr 
or an exclusive licensee relates to an infringement in respect of which they 
have concurrent rights of action, the copyright owner or the exclllsi\'c licensee 
may not, without the leave of court, proceed with the action 1I1l1c~s the other is 
either joined as a plaintiff or added as a defendant. 
ICap. 376, Laws of the Federation of Nigeria, 1990. IPlN/1INGAICIl 
Page 13 
(3) Where in an action for infringement of copyright, it is proved or admitted that 
an infringement was committed but that at the time of the infringement, the 
defendant was not aware and had no reasonable grounds for suspecting that 
copyright subsisted in the work to which the action relates, the plaintiff shall 
not be entitled under this section to any damages against the defendant in 
respect of the infringement, but shall be entitled to an account of profits in 
respect of the infringement, whether or not any other relief is granted under 
this section. 
(4) Where in an action under this section, an infringement of copyright is proved 
or admitted, and the court in which the action is brought, having regard (apart 
from all other material considerations) to-
(a) the flagrancy of the infringement; and 
(b) any benefit shown to have accrued to the defendant by reason of the 
infringement, is satisfied that effective relief would not otherwise be 
available to the plaintiff, the court, in assessing damages for the 
infringement, shall have power to award such additional damages by virtue 
of this subsection as the court may consider appropriate In the 
circumstances. 
(5) No injunction shall be issued in proceedings for infringement of copyright 
which requires a completed or partly completed building to be demolished or 
prevents the completion of a partly completed building. 
(6) In this section, "action" includes a counter-claim, and references to the 
plaintiff and to the defendant in an action shall be construed accordingly. 
15A Limitation to the right of action 
Notwithstanding the provisions of this Act or any other law, no action for the 
infringement of copyright or any right under this Act shall be commenced or 
maintained by any person-
(a) carrying on the business of negotiating and granting of licence; 
(b) collecting and distributing royalties in respect of copyright works or 
representing more than 50 owners of copyright in any cate.gory of works 
protected by this Act, 
unless it is approved under section.32B of this Act to operate as a coUecting 
society or is otherwise issued wirn a certificate of exemption by the 
Commission. 
16. Conversion rights 
All infringing copies of any work in which copyright subsists, or of any 
substantial part thereof, and all plates, master tapes, machines, equipment or 
contrivances used, or intended to be used for the production of such infringing 
copies shall be deemed to be the property of the owner, assignee or exclusive 
licensee, as the case may be, of the copyright, who accordingly may take 
proceedings for the recovery of the possession thereof or in respect of the 
conversion thereof. IPIN11INGAICIl 
Page 14 
]7. Infringement actionable as a breach of statutory duty 
(1) An infringement of the rights conferred by section 9 and 11 of this Act is 
actionable as a breach of statutory duty owed to the person entitled to the 
right. 
(2) In proceedings for infringement of the rights conferred by the said section 9 
and 11 of this Act, the person whose rights have bee.n infringed shall be 
entitled to an award of damages, injunction and any other remedies as the 
court may deem fit to award in the circumstances. 
18. Criminal liability 
(1) Any person who-
(a) makes or causes to be made for sale, hire, or for the purposes of trade or 
business any infringing copy of a work in which copyright subsists; or 
(b) imports or causes to be imported into Nigeria a copy of any work which if 
it had been made in Nigeria would be an infringing copy, or 
(c) makes, causes to be made, or has in his possession, any plate, master tape, 
machine, equipment or contrivance for the purposes of making any 
infringing copy of any such work; 
shall, unless he proves to the satisfaction of the court that he did not know and 
had no reason to believe that any such copy was an infringing copy of any 
such work, or that such plate, master tape, machine, equipment or contrivance 
was not for the purpose of making infringing copies of any such work, be 
guilty of an offence this Act and shall be liable on conviction to a fine of an 
amount not exceeding NI ,000 for every copy dealt with in contravention of 
this section or to a term of imprisonment not exceeding five years, or to both 
such fine and imprisonment. 
(2) Any person who-
(a) sells or lets for hire or for the purposes 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, 
(d) has in his possession, sells, 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, 
shall, unless he proves to the satisfaction of the court that he did not know and 
had no reason to believe that any such copy was an infringing copy of any 
such work, be guilty of an offence under this Act and shall be liable on 
conviction to a fine of NI 00 for every copy dealt with in contravention of this 
section, or to a term of imprisonment not exceeding two years or in the case of 
an individual to both such fine and imprisonment. IPIN11INGAICIl 
Page 15 
(3) Any person who, without the consent of the owner, distributes, in public for 
commercial purposes, copies of a work in which copyright subsists by virtue 
of sections 5(l)(a)(vi), 5(1)(c)(iv), 6(1)(b) or 7(1)(c) of this Act by way of 
rental, lease, hire, loan or similar arrangement, shall be, guiltY' of an offence· 
under this Act, and shall be liable upon conviction to a fine of N 100 for every 
copy dealt with or imprisonment for six months or to both such fine and 
imprisonment. 
(4) The court before which any proceedings are taken for any offence under 
subsections (1), (2) and (3) of this section, whether the alleged offender is 
convicted or not, may order all copies of the works, plates, master tapes, 
machines, equipment and contrivances in the possession of the alleged 
offender, which appear, to be infringing copies, of the works, to be destroyed 
or delivered up to the owner of the copyright or otherwise dealt with as the 
court may think fit. 
(5) Where an article has been seized by a police officer or an authorised officer in 
connection with a suspected offence under this Act, a court may on the 
application of the Attorney-General of the Federation or owner of the 
copyright in connection with which such offence is suspected to have been 
committed, order that the article be destroyed or delivered up to the owner of 
the copyright or otherwise dealt with as the court may think fit, 
notwithstanding that no person has been charged with the suspected offence. 
I8A Anti-piracy measures 
(1) The Commission shall have powers, with the consent of the Minister, to 
prescribe any design, label, mark, impression or any other anti-piracy device 
for use on, in, or in connection with any work in which copyright subsists. 
(2) Any person who-
(a) sells, rents, hires or 
(b) offers for sale, rent or hire, 
any work in contravention of the prescription made pursuant to subsection (1) 
of this section commits an offence and is liable on conviction to a fine not 
exceeding NIOO,OOO or imprisonment for a term not exceeding 12 months or 
to both such fine and imprisonment. 
(3) Any person who without the permission of the Commission­
(a) imports into Nigeria; or 
(b) has in his possession, 
any anti-piracy device prescribed under this section or any machine, 
instrument or other contrivance intended for use in the production of the anti­
piracy device, commits an offence and is liable on conviction to a fine not 
exceeding N500,OOO or imprisonment, for a term not exceeding 5 years, or to 
both such fine and imprisonment. 
(4) Any person who without the permission of the Commissiol1-
(a) is in possession of; or 
(b) reproduces, or 
(c) counterfeits, IPINIlINGAICIl 
Page 16 
any anti-piracy device prescribed under this section commits an offence and is 
liable on conviction to a fine not exceeding N50,000 or imprisonment to a 
term not exceeding 5 years, or to both such fine and imprisonment. 
(5) The Commission shall have power, with the consent of the Minister, to make 
regulations specifying the conditions necessary to give effect to the purpose of 
this section. 
19. Offence by bodies corporate 
(1) Where an offence under this Act has been committed by a body corporate, the 
body corporate and every person \'/ho at the time the offence was committed 
was in charge of, or was responsible to the body corporate for the conduct of 
the business of the body corporate shall be deemed to be guilty of such 
offence and shall be liable to be proceeded against and punished accordingly: 
Provided that nothing contained in this subsection shall render any person 
liable to any punishment, if he proves that the offence was committed without 
his knowledge or that he exercised all due diligence to prevent the commission 
of such offence. 
(2) Notwithstanding anything contained in subsection Cl) of this section, where an 
offence under this Act has been committed by a body corp?rate and it is 
proved that the offence was committed with the consent or connivance of, any 
director, manager, secretary or other officer of the body corporat~ such 
director, manager, secretary or other cfficer shall also be deemed to be guilty 
of that offence and shall be liable to be proceeded against and punished 
accordingly. 
(3) For the purposes of this section-
"body corporate" includes a firm or other association of persons; and 
"director" in relation to a firm includes a partner in the firm. 
20. Penalties for making false entries 
Any person who-
Ca) fails to keep a register required under section 13 of this Act; or 
Cb) makes or causes to be made a false entry in such register; or 
Cc) produces or tenders, or causes to be produced or tendered as evidence any such 
entry or writing knowing the same to be false, 
shall be guilty of an offence under this section and be liable on conviction to a 
fine not exceeding N 10,000. 
21. Civil criminal actions may be simultaneous 
Notwithstanding the provisions of any law to the contrary, it shall ,be permissible 
for both criminal and civil actions to be taken simultaneou'sly in respect of the 
same infringement under this Act. 22. Order for inspection and seizure IPINIlINGA/C/1 
Page 17 
(1) In any action for infringement of any right under this Act, where an ex parte 
application is made to the court, supported by affidavit, that there is 
reasonable cause for suspecting that (here is in any house or premises any 
infringing copy or any plate, film or contrivance used or intended to be used 
for making infrinf;ing copies or capable of being used for the purpose of 
making copies or any other article, book or document by means of or in 
relation to which any infringement under this Act has been committed, the 
court may issue an order upon such terms as it deems just, authorising the 
applicant to enter the house or premises at any reasonable time by day or night 
accompanied by a police officer not below the rank of an Assistant 
Superintendent of Police, and 
(a) seize, detain and preserve any such infringing copy or contrivance; 
(b) inspect all or any documents in the custody or under the control of the 
defendant relating to the action. 
(2) Any person who knowingly gives false information under this section shall be 
guilty of an offence and liable on conviction to a fine of NI ,000. 
PART II-NEIGHBOURING RIGHTS 
23. Performer's right 
(l) A performer shall have the exclusive right to control. 111 relation to his 
performance, the following acts, that is-
(a) performing; 
(b) recording; 
(c) broadcasting live; 
(d) reproducing in any material form; and 
(e) adaptation of the performance. 
(2) In this section, "performance" includes-
(a) a dramatic performance (which includes dance and mime); 
. (b) a musical performance; and 
(c) a reading or recitation of literary act or any similar presentation which is or 
so far as it is, a live performance given by one or more individuals. 
24. Duration of performer's right 
The right conferred by section 23 of this Act shall subsist in relation to the 
performance until the end of the period of fifty years from the end of the year in 
which the performance first took place. 
25. Infringement of performer's right 
A performer's right is infringed by a person who, without the performer's consent 
or authorisation m writing, does any of the following, that is-
(a) makes a recording of the whole or substantial part of a live performance: 
Provided that where the consent sought is to make a recording of the work for 
research, private or domestic use, such consent shall not be unreasonably 
refused; IPINI1INGAIC/1 
Page 18 
(b) broadcasts live, or includes live in a cable programme, the whole or a 
substantial part of the live performance; 
(c) performs in public the whole or a substantial part of the performance; 
(d) shows or plays in public the whole or a substantial part of the performance for 
commercial purposes; 
(e) broadcasts, or includes in a cable programme, a substantial part of the 
performance by means of recording which is, and which that person knows or 
has reason to believe was made without the performer's consent; 
(f) imports into the country otherwise than for his private or domestic use, a 
recording of a performer's work which is an infringing recording; or 
(g) in the course of trade or business, sells or lets for hire, offers, distributes or 
displays for sale or hire a recording of a performer's work which is an 
infringing recording. 
26. Infringement of a performer's right actionable . 
(1) An infringement of a right protected under section 23 of this Act shall be 
actionable by the person entitled to the right as a breach of statutory duty and 
the performer shall be entitled to damages, injunction, account for profit or 
conversion. 
(2) \Vhere a person has in his possession, custody or control, in the course of trade 
or business or otherwise than for a private or domestic use, an unauthorized 
recording of a performance, a person having the performer's right or recording 
rights in relation to the performance under this section shall be entitled to an 
order of the court that the recording be forfeited and delivered up to him. 
27. Criminal liability in respect of infringement of performer's right 
(1) Notwithstanding the provisions of sedion 2S of this Act, a person who does 
any of the acts set out in the said section 2S shall, unless he proves to the 
satisfaction of the court that he did not know that his conduct was an 
infringement of the performer's right, be liable on conviction-
(a) in the case of an individual, to a fine not exceeding N 10,000; 
(b) in the case of a body corporate, to a fine of NSO,OOO; 
(c) in all other cases, to a fine of NI 00 for each. copy . deal t with in 
contravention or to imprisonment for twelve months or to both such fine 
and imprisonment. 
(2) A court before which an offence under this section is tried shall order that the 
recording or any other part thereof be delivered to the performer. 
28. Protection of expressions of folklore 
(1) Expressi~ns of folklore are protected against­
(a) reproduction; 
(b) communication to the public by performance, broadcasting, distribution by 
cable or other means; 
(c) adaptations, translations and other transformations, 
when such expressions are made either for commercial purposes or outside 
their traditional or customary context. 
(2) The right conferred in subsection (1) of this section shall not include the right 
to control-IPINIlINGAICIl 
Page 19 
(a) the doing of any of the acts by way of fair dealing for private and domestic 
use, subject to the condition that, if the use is public, it shall be 
accompanied by an acknowledgment of the title of the work and its source; 
(b) the utilisation for purposes of education; 
(c) utilisation by way of illustration in an original work of an author: 
Provided that the extent of such utilisation is compatible with fair practice; 
(d) the borrowing of expressions of folklore for creating an original work of· 
an author: 
Provided that the extent of such utilisatiol) is compatible with fair practice; 
(e) the incidental utilisation of expressions of folklore. 
(3) In all printed publications, and in connection with any communications to the 
public, of any identifiable expression of folklore, its source shall be indicated 
in an appropriate manner, and in conformity with fair practice, by mentioning 
the community or place from where the expression utilised has been derived. 
(4) The right to authorise acts referred to in subsection (1) of this section shall 
vest in the Nigerian Copyright Commission. 
(5) For the purpose of this section, "folklore" means a group-oriented and 
tradition-based creation of groups or individuals reflecting the expectation of 
the community as an adequate expression of its cultural and social identity, its 
standards and values as transmitted orally, by imitation or by other means 
including-
Ca) folklore, folk poetry, and folk riddles; 
Cb) folk songs and instrumental folk music; 
Cc) folk dances and folk plays; 
(d) productions of folk arts in particular, dra\vings, paintings, carvings, 
sculptures, pottery, terracota, mosaic, woodwork, metalware, jewelry, 
handicrafts, costumes, and indigenous textiles. 
29. Infringement of folklore 
Any person who, without the consent of the Nigerian Copyright Commission. 
uses an expression of folklore in a manner not permitted by section 28 of this Act 
shall be in breach of statutory duty and be liable to the Commission in damages, 
injunctions and any other remedies as the court may deem fit to award in the 
circumstances. 
29A Criminal liability in respect of infringement of folklore 
(1) Any person who-
(a) does any of the acts set out in section 28 of this Act without the consent or 
authorisation of the Commission; or 
(b) does not comply with the requirement in subsection (4) of section 28 of 
this Act; or 
Cc) willfully misrepresents the source of an expression of folklore; or 
(d) willfully distorts an expression of folklore in a manner prejudicial to the 
honour, dignity or cultural interests of the community in which it 
originates, 
commits an offence under this Act. 
(2) A person convicted of an offence under subsection (1) of this section is li.able 
on conviction-IPINIIINGA/C/I 
Page 20 
(a) In the case of an individual, to a fine not exceeding NI00,OOO or to 
imprisonment for a term of 12 months or to both such fine and 
imprisonment; and 
(b) in the case of a body corporate, to a fine of N500,OOO. 
(3) A court before which an offence under this section is tried may order that the 
infringing or offending article be delivered to the Commission. 
PART III-ADl\IINISTRATION OF COPYRIGHT 
30. Establishment of the Nigerian Copyright Commission 
(l) There is hereby established a body to be known as the Nigerian Copyright 
Commission (hereinafter referred to as the Commission ). 
(2) The Commission shall be a body corporate with perpetual succession and a 
common seal and may sue and be sued in its corporate name. 
(3) The Commission shall-
(a) be responsible for all matters affecting copyright in Nigeria as provided for 
in this Act; 
Cb) monitor ancl supervise Nigeria's position in rebtion to international 
conventions and advise Government thereon; 
(c) advise and regubte conditions for the conclusion of bilateral and 
multilateral agreements bet\veen Nigeria and any other country; 
(d) enlighten and inform the public on matters relating to copyright; 
(e) maintain an effective data bank on authors and their works; 
(t) be responsible for such other matters as relate to copyright in Nigeria as the 
Minister may, from time to time, direct. 
30A Copyright licensing panel 
(a) The Commission shall have the power to grant compulsory licences in 
accordance wit the provisions of the Fourth Schedule to this Act. 
(b) In exercise of its powers under subsection (1) of this section the Commission 
shall in any case in which an application is, made to it constitute a copyright 
Licensing Panel (in this section referred to as "the Panel"). 
(c) The Panel shaII consist of five persons at least three of whom shall be 
members of the Governing Board of the Commission and one of whom shall 
be designated as the chairman. 
(d) A person shall not be appointed as a member of the Panel if he has any interest 
in any matter which is required to be determined by the Panel. 
(e) The Commission may make regulations providing for the procedure of the 
Panel under the Fourth Schedule to this Act and providing generally for the 
execution of the functions of the Panel. 
(t) Any person aggrieved by a decision of the Panel shall have a right of appeal to 
the Federal High Court. IPINIlINGAICIl 
Page 21 
31. Establishment, membership and functions of the Governing Board 
(1) The Commission shall have a governing board (hereinafter referred to as "the 
Board") which shall consist of the following members-
(a) a Chairman, who shall be a person knowledgeable in copyright matters, to 
be appointed by the Head of·State, Commander-in-Chief of the Armed 
Forces on the recommendation of the Minister; 
(b) the Director-General of the Commission; 
(c) one representative of the Federal Ministry of Justice; 
(d) one representative of the Federal Ministry Education; 
(e) one representative of the Nigeria Police Force, not below the rank of a 
Commissioner of Police; . 
(f) one representative of the Nigeria Customs Service, not below the rank of a 
Comptroller of Customs; 
(g) six other persons to be appointed by the Minister who shall represent as far 
as possible the authors in the following areas-
(i) literary works; 
(ii) artistic works; 
(iii) musical works; 
(iv) cinematograph films; 
(v) sound recordings; and 
(vi) broadcasts. 
(2) The representatives of the Ministries shall be officers not below the rank of a 
Director. 
(3) The Board shall adopt rules governing its procedure and method of operation. 
32. Appointment of the Director-General and other staff of the Commission 
(1) There shall be for the Commission a Director-General who shall be the Chief 
Executive and shall be appointed by the President, Commander-in-Chief of 
the Armed Forces on the recommendation of the Minister. 
(2) The Director-General shall be responsible for the day-to-day administration of 
the Commission. 
(3) \Vithout prejudice to the generality of subsection (l) of this section, the 
Commission shall have power-
(a) to appoint such other staff as it may determine; 
Cb) to pay its staff such remuneration and allowances as it may, from time to 
time, determine; 
(c) as regards any staff in whose case it decides so to do, to pay to or in 
respect of such staff such pensions and gratuities as are payabie to persons 
of equivalent grade in the public service of the Federation. 
(4) It is hereby declared that service in the Commission shall be approved service 
for the purposes of the Pensions Act,2 and accordingly, officers and other 
persons employed in the Commission shall be entitled to pensions, gratuities 
and other retirement benefits as are prescribed thereunder, so however that 
nothing in this section shall prevent the appointment of a person to any office 
on terms which preclude the grant of a pension and gratuity or any other 
retirement benefit in respect of that office. 
2Cap. 346, fAll's of the Federation of Nigeria, 1990 .. TPINI1INGAICIl 
Page 22 
(5) For the purpose of the application of the provisions of the Pension Act, any 
power exercisable thereunder by a Minister or other authority (not being a 
pO\ver to make regulations under section 23 thereof) are hereby vested in and 
exercisable by the Commission. 
32A Copyright Inspectors 
(1) The Commission may appoint copyright inspectors as it may deem fit. 
(2) A copyright inspector shall for the purposes of this Act have the power-
(a) to enter, inspect and examine at any reasonable time any building or 
premises which he reasonably suspects is being used for any activity 
which is an infringement of copyright under this Act; 
Cb) to arrest any person who he reasonably believes to have committed an 
contrivances or any other device used or capable of being used to infringe 
copyright in a work. 
PART IV-MISCELLANEOUS 
33. Reciprocal extension of protection 
Where any country is a party to a treaty or other international agreement to which 
Nigeria is also a party and the Minister is satisfied that the country in question 
provides for protection of copyright in works which are protected under this Act, 
the Minister may by Order in the Federal Gazette extend the application of this 
Act in respect of any or all of the works referred to in section 1 (1) of this Act-
(a) to individuals who are citizens of or domiciled in that country; 
(b) to bodies corporate established by or under the law of that country; 
(c) to works, other than sound recordings and broadcasts, first published in that 
country; and 
(d) to broadcast and sOLInd recordings made in that country. 
34. Admission of affidavit evidence 
(1) An affidavit made before a Commissioner for Oaths, notary public or other 
person competent to administer an oath in terms of the law of the country 
where the oath is made \vhich-
(a) purports to have been made by or on behalf of the owner of the copyright 
in a work; and 
(b) states that-
(i) at the time specified therein, copyright subsists in the work, 
(It) the person named therein is the owner of the copyright in the work, 
(iii) a copy of the work exhibited to the affidavit is a true copy of the work, 
(iv) the author of the work is a citizen of or domiciled in a country named 
in the affidavit, 
(v) the author of the work is a body corporate established or incorporated 
by or under the laws of the country named in the affidavit, 
(vi) the work was first made or published in the country named in the 
affidavit, IPINIlINGAICI I 
Page 23 
(vii) the certificate attached to the affidavit is a true copy of the certificate 
of registration of that incorporation, 
shall be admitted as evidence of the facts stated therein without further proof 
in any proceedings under this Act. 
(2) The court before which an affidavit is produced under subsection (1) of this 
section shall presume, until the contrary is proved, that the statements made 
therein are true. 
35. Presumption 
In any action for an infringement of copyright in a work, the following shall be 
presumed, in the absence of any evidence to the contrary-
(a) that copyright subsists in a work which is the subject matter of an alleged 
infringement; 
Cb) that the plaintiff is the owner of copyright in the work; 
(c) that the name appearing on a work purporting to be the name of the author, is 
the name of such author; 
(d) that the name appearing on a work purporting to be that of the publisher or 
producer of a work is the name of such publisher or producer; 
(e) where the author is dead, that the work is an original work; '-
(f) that it was published or produced at the place and on the date appearing on the 
work. 
36. Restriction on importation of printed copies 
(1) The owner of the copyright in any puhlished literary, artistic or musical work 
or sound recording, may give notice in writing to the Department of Customs 
and Excise (in this section referred to as "the Department")-
(a) that he is the owner of the copyright in the work; and 
(b) that he requests the Department during the period specified in the notice, to 
treat as prohibited goods, copies of the work to which this section applies: 
Provided that the period specified in a notice under this subsection shall not 
exceed five years and shall not extend beyond the end of the period for 
\vhich the copyright is to subsist. 
(2) This section applies, in the case of a \\'ork, to any printed copy made outside 
Nigeria which if it had been made n Nigeria, would be an infringing copy of 
the work. 
(3) \Vhere a notice has been given under this section in respect of a work and has 
not been withdrawn, the Importation into Nigeria, at a time before the end of 
the period specified in the notice, of any copy of the work to which this 
section applies shall, subject to the following provisions of this section, be 
prohibited: 
Provided that this subsection shall not apply to the importatioI1 of any article" 
by a person for his private and domestic use. 
(4) \Vhere a notice is given under subsection (1) of this section in respect,of any 
work, neither the Department nor any Inember, officer, servant or agent of the 
Department shall be liable to the owner of the work or to any other person for 
any act or omission by the Department or its servants or agents in relation to 
the notice: IPINIIINGA/CIl 
Page 24 
Provided that, where the owner has suffered loss as a result of any such act or 
omission and a fee has been paid or is payable to the Department in respect of 
the notice, an amount equal to the loss or to the amount of the fee for one year, 
which ever is less, shall be repaid by the Department to the owner or, if the fee 
has not been paid, shall be waived. 
(5) The Minister of Internal Affairs may make regulations prescribing the form in 
which notices are to be given under this section, and requiring a person giving 
such a notice, either at the time of giving the notice or at the time when the 
goods in question are imported, or at both of those times, to furnish the 
Department with such evidence, and to comply with such other conditions (if 
any), as may be specified in the regulations; and any such regulations may 
include such incidental and supplementary provisions as the Minister of 
Internal Affairs considers expedient for the purposes of this section. 
(6) 'Without prejudice to the generality of subsection (5) of this section, 
regulations made under that subsection may include provision for requiring a 
person who has given a notice purporting to be a notice under this section to 
pay such fees in respect of the notice as may be prescribed by th'e regulations. 
(7) For the purposes of the Customs and Excise Management Act3 any fees paid in 
pursuance of any regulations made '~nder this section shall be treated as 
money collected on account of the Department. 
(8) Notwithstanding anything in the Customs and Excise Management Act, a 
person shall not be liable to any penalty under that Act (other than forfeiture 
of the goods) by reason that any goods are .. treated as prohibited goods by 
virtue of this section. 
(9) This section shall have effect as if it formed part of the Customs and Excise 
Management Act. 
37. Regulations 
(1) \Vhere no other provision is made in that behalf, the Minister may make 
Regulations prescribing anything required to be prescribed for the purposes of 
this Act. 
(2) Regulations may be made-
(a) in the case of works, the copyright in which is vested in the Government, 
by the Minister with the prior consent of the National Council of Ministers; 
and 
(b) in the case of works, the copyright in which is veste4 in a State authority, 
by the State Authority or a person designated by the State authority, 
prescribing the public officer or other authority by whom .licences may be 
granted for the reproduction of the works in question and a scale of fees to be 
charged in respect of any such licence. 
3Cap. 84, Laws of the Federation of Nigeria. 1990. IPINIIINGAICIl 
Page 25 
(3) Regulations made under subsection (2) of this section, shall be additional to 
and not in derogation of any enactment or other lav/ regulating the custody of 
the National Archives of Nigeria or the public records of a State, and shall be 
without prejudice to the operation of section 11 (2) of this Act. 
(4) The Commission shall, with the consent of the Minister, have power to make 
regulations specifying the conditions necessary for the operation of a business 
involving the production, public exhibition, hiring or rental of any work in 
which copyright subsists under this Act. 
38. Jurisdiction 
The Federal High Court shall have exclusive jurisdiction for the trial of offenses 
or disputes under this Act. 
38A Limitation on suit against the Commission, etc. 
(1) Notwithstanding anything in any other enactment, no suit against the 
Commission, a member or any staff of the Commission, for an act done-
Ca) in pursuance or execution of his duties under this Act or any other 
enactment or law; or 
(b) in respect of any alleged neglect or default in the execution of this Act or 
any other enactment, 
shall lie or be instituted in any court unless the suit is commenced within 
twelve months next after the act, neglect or default complained of or where the 
damage or injury continues within twelve months next after the damage or 
lI1Jury ceases. 
(2) No suit shall be commenced against the Commission or any member of staff 
of the Commission before the expiration of a period of three months after 
written notice of intention to commence the suit is served upon the 
Commission by the intending plaintiff or his agent. 
(3) The notice referred to in subsection (2) of this section shall clearly state the 
cause of action, the particulars of the claim, the name and place of abode of 
the intending plaintiff and the relief which he claims. 
38B Service of documents. 
A notice, summons, or other document required or authorised to be served upon 
the Commission under the provisions of this Act or any other enactment or law 
may be served by delivering the same to the Director-General of the Commission 
or by sending it by registered post addressed to the Director-General at the office 
of the Commission. 
38C Restriction on execution against the property of the Comm~ssion 
(1) In any action, or suit against the Commission, no execution or attachment or 
process in the nature thereof shaH be issued against the Commission. 
(2) Any sum of money which is by judgment of a court awarded against the 
Commission shall, subject to any direction given by the court where notice of 
appeal has been given by the Commission in respect of the judgment, be paid 
by the Commission from its general fu·nd. IPINI1INGA/CIl 
Page 26 
38D Power of the Minister to give directives. 
The Minister may give to the Commission directives of a general or special 
character with respect to any of the functions of the Commission under this Act 
and it shall be the duty of the Commission to comply with such directives. 
39. Interpretation 
(1) In this Act, unless the context otherwise requires-
"adaptation" means the modification of a pre-existing work from one genre of 
work to another and consists in altering work within the same genre to 
make it suitable for different conditions of exploitation, and roay also 
involve altering the composition of the work; 
"artistic work" includes, irrespective of artistic quality, any of the following 
works or works similar thereto-
(a) paintings, drawings, etchings, lithographs, woodcuts, engravings and 
prints; 
(b) maps, plans and diagrams; 
(c) works of sculpture; 
(d) photographs not comprised in a cinematograph film; 
(e) works of architecture in the form of buildings models; and 
(t) works of artistic craftsmanship and also (subject to section 1 (3) of this 
Act) pictorial woven tissues and articles of applied handicraft and 
industrial art; 
"author" in the case of cinematograph film means the person by whom the 
arrangements for the making of the film were made, unless the parties to 
the making of the film, provide otherwise by contract between themselves; 
"author" in the case of literary, artistic or musical works, means the creator of 
the work; 
"author" in the case of a photographic work, means the person who took the 
photograph; 
"author" in the case of sound recording, means the person by whom the 
arrangements for the making of the sound recording were made, except that 
in the case of a sound recording of a musical work, "author" means the 
artist in whose name the recording was made, unless in either case the 
parties to the making of the sound recording, provide otherwise by contract; 
"author" in the case of a broadcast transmitted from withi~ any country, 
means the person by whom the arrangements for' the making or the 
transmission from within that country were undertaken; 
"broadcast" means sound or televisiGll broadcast by wireless telegraphy or 
wire or both, or by satellite or cable programmes llnd includes rc-broadcast; 
"broadcasting authority" means any authority established under any law in 
Nigeria or elsewhere providing broadcasting services for public reception; 
;'building" includes any structure; 
"cable programmes" means visual images, sounds or other information sent by 
means of a telecommunication system otherwise than by wireless 
telegraphy for reception-
(a) two or more places (whereas for simultaneous reception or at different 
times) in response to request by different users; or Cb) for presentation to members of the public; IPINI1 INGAIC/1 
Page 27 
"choreographic work" means a composition of movements for dancing or any 
other patterned sLlccession of gestures mostly created to accompanying 
musIc; 
"cinematograph film" includes the first fixation of a sequence of visual images 
capable of being shown as a moving picture and of being the subject of 
reproduction, and includes the recording of a sound track associated with 
the cinematograph film; 
"communication to the public" includes, in addition to any live performance 
or delivery, any mode of visual or acoustic presentation, but does not 
include a broadcast or re-broadcast; 
"computer programme" means a set of statements or instructions to be used 
directly or indirectly in a computer in order to bring about a certain result; 
"copy" means a reproduction in written form, in the form of a recording or 
cinematograph film, or in any other material form, so hO\vever that an 
object shall not be taken to be a copy of an architectural work unless the 
object is a building or model; 
"copyright" means copyright under this Act; 
"court" means the Federal High Court; 
"exclusive licence" means a licence signed by or on behalf of a copyright 
owner, authorising the licensee to the exclusion of all other persons 
(including the person granting the licence), to exercise any right which 
\vould otherwise be exercisable exclusively by the copyright owner; 
"licence" means a lawfully granted licence permitting the doing of an act 
controlled by this Act; 
"literary work" includes, irrespective of literary quality, any of the following 
works or works similar thereto-
Ca) novels, stories and poetical works; 
(b) plays, stage directions, film scenarios and broadcasting scripts; 
Cc) choreographic works; 
(d) computer programmes; 
(e) text-books, treatises, histories, biographies, essays and articles; 
(f) encyclopaedias, dictionaries, directories and anthologies; 
(g) letters, reports and memoranda; 
(h) lectures, addresses and sermons; 
(i) law reports, excluding decisions of courts; 
U) written tables or compilations; 
"Minister" means the Minister charged with responsibility for culture; 
"musical work" means any musical composition, irrespective of musical 
quality and includes works composed for musical accompaniment; 
"re-broadcast" means a simultaneous or subsequent broadcast by one 
broadcasting authority of the broadcast of another broadcasting authority; 
"reproduction" means the making of one or more copies of a literary, musical 
or artistic work, cinematograph film or sound recording; 
"sound recording" means the first fixation of a sequence of sound capable of 
being perceived aurally and of being reproduced but does not include a 
sound track associated with a cinematograph film; 
"State authority', in relation to a State, means the Military Governor or 
Governor, as the case may be, or other governmental authority of a State; IPINIlINGA/CIl 
Page 28 
"work" includes translations, adaptation, new versions or arrangements of pre­
existing works, and anthologies or collection of works which, by reason of 
the selection and arrangement of their content, 'present an original .. ' 
character; 
"work of joint authorship' means a work produced by the collaborator'of two 
or more authors in which the contribution of each author is inseparable 
from the contribution of the other author or authors; 
"year" means-
Ca) in section 36 of this Act, a period of twelve months; and 
Cb) elsewhere in this Act, a calendar year, that is to say, a period of twelve 
months beginning on 1 st January and ending on 31 st December. 
(2) The following provisions shall apply with respect to publication, that is to say­
(a) a work shall be deemed to have been published if copies of it have been 
made available in a manner sufficient to render the work accessible to the 
public; 
Cb) where in the first instance, a part only of a work is published, that part 
shall be treated for the purposes of this Act as a separate work; 
Cc) a publication in any country shall not be treated as being other than the 
first publication by reason only of an earlier publication elsewhere if the 
two publications took place within a period of not more than thirty days . 
.. W. Repeals and transitional, etc. provisions 
(I) The Copyright Act 19704 is hereby repealed. 
(2) Sections 491,492 and 493 of the First Schedule to the Criminal Code ActS are 
hereby repealed. 
(3) The transitional and saving provisions in the Fifth Schedule to this Act shall 
have effect notwithstanding sub-section (I) of this section or any other 
provisions of this Act. 
41. Short title 
This Act may be cited as the Copyright Act. 
~D\!cree No. 61 of 1970. 
~Cnp. 77 Lml's of the FederatiOIl of Nigeria. 1990. IPINIIINGAICIl 
Page 29 
FIRST SCHEDULE6 
TERl\1S OF COPYRIGHT 
T:",pe of Work 
1. Literary, musical or 
artistic works other th~n 
photographs 
2. Cinematograph films and 
photographs. 
3. Sound recordings. 
4. Broadcasts. 
6Seclion 2. Date of Expiration of Cop)'J"ighl 
Seventy years after the end of the 
year in which the au'rhor d'ies; in 
the case of government or a body 
cO!";J0rate, seventy years after the 
end of the year in which the work 
was first published, 
Fifty years after the end of the year 
in which the work was first 
published. 
Fifty years after the end of the end 
of the year in which the recording 
was first made. 
Fifty years after the end of the year 
in which the broadcast first took 
place. IPINIlINGAICIl 
Page 30 
SECOND SCHEDULE7 
EXCEPTIONS FROM COPYRIGHT CONTROL 
The right conferred in respect of a work by section 5 of this Act does not include 
the right to control-
(a) the doing of any of the acts mentioned in the said section 5 by way of fair 
dealing for purposes of research, private use, criticism or review or the 
reporting of current events, subject to the condition that, if the use is public, it 
shall be accompanied by an acknowledgment of the title of the work and its 
authorship except where the work is incidentally included in a broadcast; 
(b) the doing of any of the aforesaid acts py way of parody, pastiche, or 
caricature; 
(c) the inclusion in a film or a broadcast of an artistic work situated in a place 
where it can be viewed by the public; 
(d) the reproduction and distribution of copies of any artistic work permanently 
situated in a place where it can be viewed by the public; 
(e) the incidental inclusion of an artistic work in a film or broadcast; 
(f) the inclusion in a collection of literary or musical work which includes not 
more than two excerpts from the work, if the collection bears a statement that 
it is designed for educational use and :ncludes an acknowledgment of the title 
and authorship of the work; 
(g) the broadcasting of a work if the broadcast is approved by the broadcasting 
authority as an educational broadcast; 
(h) any use made of a work in an approved educational institution for the 
educational purposes of that institution, subject to the condition that, if a 
reproduction is made for any such purpose it shall be destroyed before the end 
of the prescribed period, or if there is no prescribed period, before the end of 
the period of twelve months after it was made; 
(i) subject to the Third Schedule to this Act, the making of a sound recording of a 
literary or musical work, and the reproduction of such a sound recording by the 
maker or under licence from him, where the copies thereof are intended for 
retail sale in Nigeria and the work has already been previously recorded under 
licence from the owner of the relevant part of the copyright whether in Nigeria 
or abroad, subject to such conditions and to the payment of such compensation 
as may be prescribed; 
U) the reading or recitation in public or in a broadcast by any person of any 
reasonable extract from a published literary work if. accompanied by a 
sufficient acknowledgment: 
Provided that such reading or recitation is not for commercial purpose; 
(k) any use made of a work by or under the direction or control of the 
7Section 5(1). IPIN/l INGAICIl 
Page 31 
Government, or by such public libraries, non-commercial documentation 
centres and scientific or other institutions as may be prescribed, where the use 
is in the public interest. no revenue is derived therefrom and no admission fee 
is charged for the communication, if any, to the public of the work so used; 
(l) the reproduction of a work by or under the direction or control of a 
broadcasting authority where the reproduction or any copies thereof are 
intended exclusively for a lawful broadcast and are destroyed before the end 
of the period of six months immediately following the making of the 
reproduction or such longer period as may be agreed between the broadcasting 
authority and the owner of the relevant part of the copyright in the work, so 
however that any reproduction of a work made under this paragraph-
(i) may if it is of an exceptional documentary character be preserved in the 
archives of the broadcasting authority (which shall for the purpose of this 
paragraph be deemed to be part of the National Archives) established under 
the Public Archives Act;8 
(ii) subject to this Act, shall not be llsed for broadcasting ot for any other 
purpose without the consent of the owner of the relevant part of the 
copyright in the work; 
(m) the broadcasting of a work already lawfully made accessible to the public and 
subject (without prejudice to the other provisions of this Schedule) to the 
condition that the owner of the broadcasting right in the work shall receive a 
fair compensation determined, in the absence of agreement, by the court; 
(n) news of the day publicly broadcast or· publicly communicated by any other 
means; 
(0) the communication to the public of a work, in a place where no admission fee 
is charged in respect of the communication, by any club whose aim is not 
profit making; 
(p) any use made of a work for the purpose of judicial proceeding or of any report 
of any such preceding; 
(q) the making of not more than three copies of a book (including a pamphlet, 
sheet music, map, chart or plan) by or under the direction of the person in 
charge of a public library for the use of the library if such a book is not 
available for sale in Nigeria; 
Cr) the reproduction for the purpose of research or private study of an unpublished 
literary or musical work kept in a library, museum or other institutions to .. 
which the public has access; 
(s) reproduction of published work in braille for the exclusive use of the. blind, 
and sound recordings made by institutions or other establishments approved 
by the Government for the promotion of the welfare of other disabled persons 
for the exclusive use of such blind or disabled persons. 
SCap. 376 Laws of the Federation of Nigeria. 1990. IPIN/1INGAIC/l 
Page 32 
THIRD SCHEDULE9 
SPECIAL EXCEPTIONS IN RESPECT OF A SOUND RECORDING OF A 
l\lUSICAL "VORK 
1. The copyright in a musical work is not infringed by a person (in this Schedule 
referred to as "the record producer") who makes a recording of the work or of 
an adaptation thereof in Nigeria, if-
(a) records of the work, or, as the case may be, of a similar adaptation of the 
work, have previously been made in, or imported .into Nigeria for the 
purposes of retail sale, and were so made or imported by, or with the 
licence of, the owner of the copyright in the work; 
(b) before making the recording, the record producer gave to the owner of the 
copyright the prescribed notice of his intention to make it; 
(c) the record producer intends to sell the record by retail, or to supply it for 
the purpose of its being sold by retail by another person, or intends to use it 
for making other records which are to be sold or supplied; and 
(d) in the case of a record which is sold by retail, the record producer pays the 
owner of the copyright in the prescribed manner and at the prescribed time, 
a royalty of an amount ascertained in accordance with the provisions of this 
Schedule. 
2. Subject to the following provisions of this Schedule, the royalty mentioned in 
sub-paragraph (d) of paragraph 1 of this Schedule shall be of an amount equal 
to a percentage of the ordinary retail selling price of the record calculated in the 
prescribed manner. 
3. If, at any time after the end of the period of one year beginning with the coming 
·into operation of a prescribed rate of royalty it appears to the Commission that 
the ordinary rate of royalty, or the minimum amount thereof, as prescribed has 
ceased to be equitable, either generally or in relation to any class of records. the 
Commission may hold a public inquiry, in the prescribed mariner, and if. in 
consequence of such an inquiry, the Commission is satisfied of the need to do 
so, it may make an order prescribing sllch different rate or amount either 
generally or in relation to anyone or more classes of records, as it may 
consider just: 
Provided that where no order comprising a class of records, (either a general 
order or an order relating specifically to that cl~ss, or to that class together with 
·one or more other classes of records) has been made under this paragraph, no 
further order comprising that class of records shall be made thereunder less 
than five years after the date on which the previous order comprising that class 
(or, if more than one, the last previous order comprising that class). 
4. In the case of a record which comprises (with or without other material, and 
either in their original form or in the form of adaptations) two or more musical 
works in which copyright subsists, if the owners of the copyright in the works 
are different persons, the royalty shall be apportioned among them in such 
manner as they may agree or as, in default of agreement, may be determined by 
arbitration. 
9Section 5(4). IPINIlINGAICIl 
Page 33 
5. Where a record comprises (with or without other material) a performance or a 
musical work, or of an adaptation of musical work, in which words are sung, or 
are spoken incidentally to or in association with the music, and either no 
copyright subsists in that work or, if such copyright subsists, ·the conditions 
specified in paragraph I of this Schedule are fulfilled in relation to that 
copyright, then if -
Ca) the works consist or form part of a literary or dramatic work in which 
copyright subsists; and 
Cb) such previous records as are referred to in sub-paragraph (a) of paragraph I 
of this Schedule were made or imported by, or with the licence of the 
owner of the copyright in that literary of dramatic work; and 
Cc) the conditions specified in sub-paragraphs (b) and (d) of paragraph I of this 
Schedule are fulfilled in relation to the owner of that copyright, the making 
of the record shall constitute an infringement of the copyright in the literary 
or dramatic work: 
Provided that this paragraph shall not be construed as requiring more than 
one royalty to be paid in respect of a record; and if copyright subsists both 
in the musical work and in the literary or dramatic work, and their owners 
are different persons, the royalty shall be apportioned among them (or 
among them and any other person entitled to a share thereof in accordance 
with the last preceding sub-paragraph) as they may agree or as, in default of 
agreement, may be determined by arbitration. 
6. For the purpose of this Schedule, an adaptation or a work shall be taken to be 
similar to an adaptation thereof contained in previous' records if the two 
adaptations do not substantially differ in their treatment of the work, either in 
respect of style or (apart from any d!fference in number) in respect' of the 
performances required for performing them. 
7. Where, for the purposes of sub-paragraph (a) of paragraph I of this Schedule, 
the record producer requires to know whether such previous records as are 
mentioned in that sub-paragraph were made or imported as therein mentioned, 
the record producers may make the prescribed inquiries, and if the owner of the 
copyright fails to reply to those inquiries within the prescribed period, the 
previous records shall be taken to have been made or imported, as the case may 
be, with the licence of the owner of the copyright. 
8. The provisions of paragraph 7 of this Schedule shall apply in relation to records 
of part of a work or adaptation as they apply in relation to records of the whole 
of it: 
Provided that paragraph I of this Schedule-
(a) shall not apply to a record of the whole of a work or adaptation unless the 
previous records referred to in sub-paragraph Ca) of that paragraph were 
records of the whole of the work or of a similar adaptation; and 
(b) shall not apply to a record of part of a work or adaptation unless those 
previous records were records of, or comprising, that part of the work of a 
similar adaptation. IPINIlINGAICIl 
Page 34 
9. Nothing in this Schedule shall be construed as authorising the importation of 
records which could not lawfully be imported apart from this Schedule, and 
accordingly, for the purposes of any provision of this Act relating to imported 
articles, where the question arises whether the making of a record outside 
Nigeria would have constituted an infringement of copyright if the record had 
been made in Nigeria, that question shall be determined as if paragraph I of this 
Schedule had not been enacted. 
10. In this Schedule "prescribed" means prescribed by Reg!.llations made under 
this Schedule by the Commission and any such Regulations made for the 
purposes of sub-paragraph (d) of paragraph 1 of this Schedule may provide 
that the taking of such steps as the Minister considers mo:t convenient for 
ensuring the receipt of the royalties (by the owner of the copyright) shall be 
treated as constituting payment of the royalties in accordance with that 
paragraph. 
FOURTH SCHEDULE 
COMPULSORY LICENCE FOR TRANSLATION AND 
REPRODUCTION OF CERTAIN \VORKS 
1. Interpretation 
In this Schedule-
"qualified person" means-
(a) ~ citizen of Nigeria or an individual domiciled in Nigeria; or 
(b) a body corporate incorporated under any written law in Nigeria; 
"research" shall not include industrial research, or research carried out by 
bodies corporate (not being bodies corporate owned or controlled by the 
Government), companies, associations or bodies of persons carrying on any 
business; 
"purposes of teaching, research or scholarship" includes-
(a) purposes of instruction activity at all levels in education~ll institutions; 
and 
(b) purposes of all types of organised educational activity. 
2. Licence to produce and publish translations 
(l) Any qualified person may apply to the Commission for a licence to produce 
and publish a translation of a literary or dramatic work which has been 
published in printed or analogous forms of reproduction for the purposes of 
teaching, scholarship or research. 
(2) An application under this paragraph shall be made in such form as may be 
prescribed and shall state the proposed retail price of a copy or the translation 
of the work. 
(3) Every applicant for a licence under this paragraph shall along with his 
application, deposit with the [Commis:;ion] 10 such fee as may be prescribed. 
1000he amending Decree purports to change the word "Council" 10 "Court" but read in the context of the entire 
paragraph. it should now be the ··Commission". IPlNlIINGAIC/l 
Page 35 
(4) \Vhere an application is made to the Commission under this paragraph it may, 
after holding such inquiry as may be prescribed, grant to the applicant a 
licence, not being an exclusive licence, to produce and publish a translation of 
the work in the language mentioned in the application subject to the 
condition-
(a) that the applicant shall pay to the owner of the copyright in the work 
royalties in respect of copies of the translation of the work sold to the 
public, calculated at such rate as the Commission may, in the 
circumstance::: of each case, determine in the prescribed manner, except 
that the royalties shall be consistent with the standards normally operating 
in the case of licences freely negotiated between persons in Nigeria and 
owners of translation rights in the country of the owner of the right of 
translation; and 
Cb) that the licence shall not extend to the export of copies of the translation of 
the work outside Nigeria and every copy of such translation shall contain a 
notice in the language of such translation that the copy is available for 
distribution only in Nigeria. 
(5) Sub-paragraph (4) of this paragraph shall not apply to the export by the 
Government or any authodty under the Government of copies of such 
translation in language other than English to any country if-
Ca) such copies are sent to citizens of Nigeria residing outside Nigeria or to 
any association of such citizens outside Nigeria; or 
Cb) such copies are meant to be used for purposes of teaching, scholarship or 
research and not for any commercial purpose, 
and in either case, the government of the country to which the copies are 
exported has agreed to the receipt or distribution, or both, of the copies 
exported to that country. 
(6) No licence shall be granted by the Commission under this paragraph until the 
expiration of whichever of the following periods is applicable-
Ca) one year from the date of first publication of the work where the 
application is for a licence for translation into any language spoken in 
Nigeria other than English; 
Cb) three years from the date of first publication of the work where the 
application is for a licence for translation into English. 
(7) No licence shall be granted by the Commissi.on unless-
Ca) the Commission is satisfied that no translation of the work into the 
language in question has been published in printed or analogous forms of 
reproduction, by or with the authorization of the owner of the right of 
translation, or that all previous editions in that language are out of print; 
(b) the applicant has proved to the satisfaction of the Commission that he had 
requested and had been denied authorization by the mvner of the copyright 
to produce and publish such translation, or that he was, after due diligence 
on his part, unable to find such owner; 
Cc) where the applicant was, after due diligence on his part, unable to find the 
owner of the copyright, he had sent _a copy of his request for such 
authorization by registered air-mail post to the publisher whose name 
appears from the work, not less than two months before the application for 
the licence; IPINIlINGAICIl 
Page 36 
Cd) the applicant had at the time he submitted an application under this 
paragraph informed any national or international information centre 
designated for this purpose by the government of the country in which the 
publisher of the work to be translated is believed to have his principal 
place of business; 
Ce) the Commission is satisfied that the applicant is competent to produce and 
publish a correct translation of the work and possesses the means to pay to 
the owner of the copyright the royalties payable to him under this Act; 
Cf) a period of six months in the case of an application for a licence for 
translation into English or nine months in the case of an applicatiop for a 
licence for translation into any language spoken in Nigeria other than sub­
paragraph (7)Cb) of this paragraph or where a copy of the request has been 
sent under sub-paragraph (7)(c) of the said paragraph from the date of 
sending of such copy, and the translation of the work in the language 
mentioned in the application has not been published by the owner of the 
copyright in the work or any person authorised by him within the said 
period of six months or nine months, as the case may be; 
(g) the name of the author and the title of the particular edition of the work 
proposed to be translated are printed on all the copies of the translation; 
(h) if the work is composed mainly of illustrations, the provisions of section 3 
of this Act are complied with; 
(i) the author has not withdrawn from circulation copies of the work; and 
U) an opportunity of being heard is given, wherever practicable, to the owner 
of the copyright in the work. 
3. License to produce and publish works for certain purposes 
(l) Where, after the expiration of the relevant period from the date of the first 
publication of an edition of a literary or artistic work-
(a) the copies of such edition are not made available in Nigeria; or 
(b) such copies have not been put on sale in Nigeria for a period. of six 
months, 
by the owner of the right of reproduction or by any person authorised by him 
in that behalf to the general public, or in connection with systematic 
instructional activities at a price reasonably related to that normally charged in 
Nigeria for comparable works, any qualified person may apply to the 
Commission for a licence to reproduce and publish such work in printed or 
analogous forms of reproduction at the price at which such edition is sold or at 
a lower price for the purposes of systematic instructional activities. 
(2) Every such application shall be made in such forms as may be prescribed and 
shall state the proposed retail price of a copy of the work to be reproduced. 
(3) Every applicant for a licence under this paragraph shall, along with his 
application, deposit with the Commission such fee as may be prescribed. 
(4) Where an application is made to the Commission under this paragraph it may, 
after holding such inquiry as may be prescribed, grant to the applicant a 
licence, not being an exclusive licence, to produce and publish a reproduction 
of the work mentioned in the application subject to the conditions that-IPIN/1INGAIC/l 
Page 37 
(a) the applicant shall pay to the owner of the copyright in the work royalties 
in respect of copies of the reproduction of the work sold' to the public, 
calculated at such rate as the Commission may, in the circumstances of 
each case, determine in the prescribed manner, except that the royalties 
shall be consistent with the standards normally operating in the case of 
licences freely negotiated between persons in Nigeria and owners of 
reproduction rights in the country of the owner of the reproduction right; 
Cb) a licence granted under this paragraph shall not extend to the export of 
copies of the reproduction of the work outside Nigeria and every copy of 
such reproduction shall contain a notice that the copy is available for 
distribution only in Nigeria .. 
(5) No licence shall be granted to an applicant under this paragraph unless-
(a) the applicant has proved to the satisfaction of the Commission that he had 
requested and been denied authorisation by the owner of the copyright in 
the work to reproduce and publish such work or that he was, after due 
diligence on his part, unable to find such owner; 
Cb) where the applicant was unable to find the owner of the copyright, a copy 
of his request for such authorisation by registered air-mail post to the 
publisher whose name appears on the work not less than three months 
before the application for the licence; 
(c) the applicant had informed any national or international centre designated 
for this purpose by the government of the country in which the publisher of 
the work to be reproduced is believed to have his principal place of 
business; 
(d) the Commission is satisfied that the applicant is competent to reproduce 
and publish an accurate reproduction of the work and possesses the means 
to pay to the owner of the copyright the royalties payable to him under this 
paragraph; 
(e) the applicant undertakes to reproduce and publish the work at such price as 
may be fixed by the Commission, being a price reasonably related to the 
price normally charged in Nigeria for works of the same standard on the 
same or similar subjects; 
(f) a period of six months in the case of a,n application for the reproduction 
and publication of any work of natural science, physical science, 
mathematics or technology, or a period of three months in the case of an 
application for the reproduction and publication of any other work, has 
lapsed from the date of making the request under sub-paragraphs (5)(a) of 
this paragraph, or where a copy of the request has been sent under sub­
paragraphs (S)(b) of the said paragraph, from the date of sending of a copy, 
and a reproduction of the work has not been published by the owner of the 
copyright in the work or any person authorised by him within the said 
period of six months or three months, as the case may be; 
(g) the name of the author and the title of the particular edition of the work 
proposed to be reproduced are printed on all the copies of the 
reproduction; 
(h) the author has not withdrawn from circulation copies of the work; and 
(i) an opportunity of being heard is given, wherever practicable, to the owner 
of the copyright in the work. JPINIIINGA/C/I 
Page 38 
(6) No licence to reproduce and publish the translation of a work shall be granted 
under this paragraph unless such translation has been published by the owner 
of the right of translation in a language spoken in Nigeria. 
(7) The provisions of this paragraph shall also apply to the reproduction and 
publication, or translation into a language spoken in Nigeria, of any text 
incorporated in audio-visual fixations prepared and published solely for the 
purpose of systematic instructional activities. 
(8) For the purposes of this paragraph-
"relevant period", in relation to any work, means a period of-
(a) seven years from the date of the first publication of that work, where the 
application is for the reproduction and publication of any work of, or 
relating to fiction, poetry, drama, music or art; 
(b) three years from the date of the first publication of that work, where the 
application is for the reproduction and publication of any work of, or 
relating to natural science, physical science, mathematics or technology. 
4. Licence for domestic broadcasting organisation 
(l) Any broadcasting organisation in Nigeria or any qualified person who is the 
holder of a licence for a television or broadcasting station may apply to the 
Commission for a licence to produce and publish the translation of-
(a) a work referred to in paragraph 2 of this Schedule and published in printed 
or analogous forms of reproduction; or 
(b) any text incorporated in audio-visual fixations prepared and published 
solely for the pyrpose of systematic instructional activities, 
for broadcasting such translation for the purpose of teaching or for the 
dissemination of the results of specialized, technical or scientific research to 
the experts in any particular field. 
FIFTH SCHEDULE11 
TRANSITIONAL AND SAVINGS PROVISIONS 
1. Subject to this Schedule, this Act applies in relation to works made before the 
commencement of this Act as it applies in relation to works made after the 
commencement of this Act. 
2 (1) Subject to this paragraph, proceedings under section 25 of this Act for 
infringement of copyright may be taken notwithstanding that the alleged 
infringement occurred before the commencement of this Act. 
(2) Where an act done before the commencement of this Act was then an 
infringement of copyright but is not an infringement of copyright under this 
Act, proceedings in respect of the act may be taken as if this Act had not 
been made. 
3 (1) Subject to sub-paragraph (2) of this paragraph contracts for the licensing of 
any act in respect of copyright which were effective immediately before the 
commencement of this Act, shall continue in force as if they related to the __ corresponding copyright under this Act. 
II Section 40. IPINIlINGAIC/I 
Page 39 
(2) A notice given under section 15 of the repealed Copyright Act and not 
withdrawn before the commencement of this Act shall continue in force as if 
it had been given under section 36 of this Act. 
(3) Any subsidiary legislation made under'the repealed Act which was in force 
immediately before the commencement of this Act shall remain in. force, 
subject to any necessary modifications, as if it had been made under this Act, 
and may be added to, amended, revoked or varied accordingly.