(d)
(c)
10.
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';
in subsection (3) by substituting for the words "6(i) (b)" the words "6 (ii) (b)".
Immediately after the existing section 30 of the principal Act there shall be inserted a new section 30A
as follows, that is –
30A. (1)
The Council shall have the power to grant compulsory licenses in accordance with the provisions
of the Fourth Schedule to this Act.
(2)
In exercise of its power under subsection (1) of this section, the Council 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").
(3)
The Panel shall consist of five persons at least three of whom shall be members of the Governing
Board of the Council and one of whom shall be designated as the Chairman.
(4)
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.
(5)
The Council 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.
(6)
Any person aggrieved by a decision of the Panel shall have a right of appeal to the Federal High
Court".
11.
Section 32 of the principal Act is hereby amended by inserting immediately after the existing
subsection (3) thereof a new subsection (4) as follows, that is (4)
It is hereby declared that service in the Council shall be approved service for the purposes of the
Pensions Act, and Council 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.
For the purposes of the application of the provisions of the Pensions Act, any powers exercisable
thereunder by a Minister or other Authority (not being a power to make regulations under section 23
thereof) are hereby vested in and exercisable by the Council".
12.
Immediately after the existing section 32 of the principal Act there shall be inserted the following new
sections, that is 32A. (1)
The Council may appoint copyright inspectors as it may deem fit by notice published in the
Gazette.
(2)
A copyright inspector shall for the purposes of this Decree 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;
(b)
to arrest any person who he reasonably believes to have committed an offence under this Act;
(c)
to make such examination and inquiry as may be necessary to ascertain whether the provisions
of this Act are complied with;
(d)
to require the production of the register required to be kept under section 13 of this Act and to
inspect, examine or copy it;