Succession to Copyright Ownership under the Nigerian Laws
10 Pages Posted: 11 Apr 2008 Last revised: 11 Sep 2008
Date Written: April 11, 2008
It has been observed that the Copyright Act, 1988,as amended, has made adequate provisions for succession to copyright but it is not yet known how the courts will treat the same issue where the deceased is intestate and his or her estate is governed by customary law. The sources of law in Nigeria include customary non-muslim law and muslim (sharia) law.
This paper examines the possible approaches the courts may be constrained to adopt in dealing with intestate succession involving copyright and concludes that as property, the subsisting statute allows recourse to customary law because nothing in the Act precludes succession to copyright under any of the many customary laws in Nigeria.
Keywords: intestate, succession, copyright, intellectual property, customary law, sharia law
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