Copyright Act
5 of 24
http://www.nigeria-law.org/CopyrightAct.htm
cinematograph film in which a musical work is incorporated, the owner of the right to broadcast the
musical work shall, subject to this Act, be entitled to receive fair compensation from the
broadcasting authority.
9. (1) Copyright conferred by sections 2 and 3 of this Act, shall vest initially in the author.
(2) Notwithstanding subsection (6) of section 10 of this Act where a work-
(a) is commissioned by a person who is not the author’s employer
under a contract of service of apprenticeship; or
(b) not having been so commissioned, is made in the course of the
author’s employment,
the copyright shall belong in the first instance to the author, unless
otherwise stipulated in writing under contract.
(3) Where a literary, artistic or musical work is made by the author in the course of his employment
by the proprietor of a newspaper, magazine or similar periodical under a contract of service or
apprenticeship as is so made for the purpose of publication in a newspaper, magazine or similar
periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first
owner of copyright in the work in so far as the copyright relates to the publication of the work in any
newspaper, magazine or similar periodical,; or to the reproduction of the work for the purpose of its
been so published; but in all other respects, the author shall be the first owner of the copyright in the
work.
(4) In the case of a cinematograph film or sound recording, the author shall be obliged to conclude,
prior to the making of the work, contracts in writing with all those whose works are to be used in the
making of the work.
(5) Copyright conferred by section 4 of this Act, shall vest initially in the Government on behalf of
the Federal Republic of Nigeria, in the State authority on behalf of the State in question, or in the
international body in question, as the case may be, and not in the author.
10. (1) Subject to the provisions of this section, copyright shall be transmitted by assignment, by testamentary
disposition or by operation of law, as movable property.
(2) An assignment or testamentary disposition of copyright may be limited so as to apply to only
some of the acts which the owner of the copyright has the exclusive right to control, or to a party only
of the period of the copyright, or to a specified country or other geographical area.
(3) No assignment of copyright and no exclusive licence to do an act the doing of which is controlled
by copyright shall have effect unless it is in writing.
(4) A non-exclusive licence to do an act the doing of which is controlled by copyright may be
written or oral, or may be inferred from conduct.
(5) An assignment or licence granted by one copyright owner shall have effect as if granted by his
co-owner also, and, subject to any contract between them, fees received by the grantors shall be
divided equitably between all the co-owners.
(6) For the purpose of this section, persons shall be deemed to be co-owners-
(a) if they share a joint interest in the whole or any part of a copyright;
or
(b) if they have interests in the various copyrights in a composite
production, that is to say, a production consisting of two or more
works.
(7) An assignment, licence or testamentary disposition be effectively granted or made in respect of a
future work or an existing work in which copyright does not yet subsist; and the prospective
copyright in any such work shall be transmissible by operation of law as movable property.
(8) A testamentary disposition of material on which a work is first written or otherwise recorded
shall, in the absence of any contrary indication, be presumed to include any copyright or prospective
copyright in the work which is vested in the deceased.
24/08/2011 11:09