NigeriaCopyright Act, 2022, exclusive rights, fair dealing and infringement
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Audit expectation
- none
What it requires
- Do not reproduce, publish, communicate to the public or adapt a literary, musical or artistic work in which copyright subsists without the owner's authorisation, unless an exception in section 20 applies (ss. 9, 36).
- Judge a fair dealing claim by the purpose and character of the use, the nature of the work, the amount and substantiality of the portion used and the effect on the potential market or value of the work (s. 20(1)(d)).
- Do not make an infringing copy of a work for the purposes of trade or business (s. 44(1)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Making an infringing copy for sale, hire or the purposes of trade or business is punishable by a fine of at least N10,000 for every copy dealt with or imprisonment for a term of at least five years, or both (s. 44(1)).
What it makes you log
Logging duty
Sections 9, 20, 36 and 37 define the owner's rights, the fair dealing exception and the infringement action. They impose no duty to create, keep, produce or review a log or record.
- Kind
- None
- As of
What this law does
Section 9(1) of the Copyright Act, 2022 gives the owner of copyright in a literary or musical work the exclusive right to reproduce the work, publish it, communicate it to the public and make it available to the public by wire or wireless means.
Section 20(1) excludes acts done by way of fair dealing from those rights, including non-commercial research and private study and criticism, review or the reporting of current events, and weighs the purpose and character of the use, the nature of the work, the amount used and the effect on the potential market for the work. Section 36 makes any act done without the owner's authorisation that violates those exclusive rights an infringement.
Section 37 lets the owner, assignee or exclusive licensee sue for damages, an injunction and accounts. Section 44(1) makes it an offence to make an infringing copy for the purposes of trade or business, punishable by a fine of at least N10,000 for every copy dealt with or imprisonment for a term of at least five years, or both.
Section 2(2)(a) of the Interpretation Act provides that, where no other provision is made as to the time when an enactment is to come into force, an enactment contained in an Act of the National Assembly comes into force on the day when the Act is passed. Under section 2(1) of the Interpretation Act, an Act is passed when the President assents to the Bill for the Act.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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