Copyright Act

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http://www.nigeria-law.org/CopyrightAct.htm

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 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 the country; and
(d) to broadcast and sound recordings made in that country.

34. (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 which-

(a) purports to have been made by or on behalf of the copyright in a
work; and
(b) states that-

(i) at the time specified therein, copyright subsists in
the work,
(ii) 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 citizens 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 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. 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) the copyright subsists in a work which is the subject matter of an
alleged infringement;
(b) that the plaintiff is the owner of copyright in the work;
(c) that the name appearing on a work purported to be the name of the
author, is the name of such author;
(d) that the name appearing on a work purported to be that of a
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.

24/08/2011 11:09

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