Copyright Collective Administration in Nigeria: Lessons for Africa
Copyright Collective Administration in Nigeria: Lessons for Africa, K. Ole, SpringerBriefs in Law, 2013
149 Pages Posted: 26 Jan 2014
Date Written: May 16, 2012
The introduction of a regulatory framework in the area of collective management of rights in Nigeria must have been intended to strengthen the creative industry. Unfortunately, it has thrown this industry and in particular the music and film industries into a battle of a regulated against a non-regulated collective administration sector for upward of twenty (20) years.
My choice of research on this topic could be attributed to the interest I developed while administering the collective administration desk at the Nigerian Copyright Commission. Serving on that desk afforded the opportunity to see frustration of right owners who were being deprived the fruit of their labor, as the societies meant to collect and distribute royalties on their behalf were enmeshed in litigations and rarely paid any royalties to authors.
This research therefore seeks to explore whether there is any merit in the continued existence of the current regulatory framework for collective management in Nigeria, and what the best operational framework for collective administration in Nigeria would be.
A methodological approach entailing literature review of books, articles, journals, legislation, cases, reports of committees and possibly interviews with experts was adopted, with critical analysis carried out on particularly the Nigerian Copyright Act, the Nigerian Copyright (collective management organization) regulation, the South African Copyright Act, the South African Performers’ Protection Act, the South African Collecting Societies Regulation, as well as judicial decisions challenging certain provisions in the said legislation
It is hoped that this research will spur a desire for the need for supervisory and regulatory agencies of government to seek the national interest above all others in taking and making decisions that affects the collective administration of copyright and related rights.
Keywords: Collecting Societies, Collective Management Organization, Copyright, Musical Works, Owner, Assignee and Exclusive Licencee
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