Copyright Act
10 of 24
http://www.nigeria-law.org/CopyrightAct.htm
(b) broadcasts live, or includes live in a cable programme, the whole
or a substantial part of the live performance;
(c) performs in public the whole or a substantial part of the live
performance;
(d) shows or plays in public the whole or a substantial part of the live
performance for commercial purposes;
(e) broadcast, or includes in a cable programme, a substantial part of
the performance by means of recording which is, and which that
person knows or has reason to believe was made without the
performer’s consent;
(f) imports into the country otherwise than for his private or domestic
use, a recording of a performer’s work which is an infringing
recording; or
(g) in the course of trade or business, sells or lets for hire, offers,
distributes or displays for sale or hire a recording of a performer’s
work which is an infringing recording.
26. (1) An infringement of a right protected by section 23 of this Act shall be actionable by the person entitled to the
right as a breach of statutory duty and the performer be entitled to damages, injunction, account for profit or
conversion.
(2) Where a person has in his possession, custody or control, in the course of trade or business or
otherwise than for a private or domestic use, an unauthorised recording of a performance, a person
having the performer’s right or recording rights in relation to the performance under this section shall
be entitled to an order of the court that the recording be forfeited and delivered up to him.
27. (1) Notwithstanding the provisions of section 25 of this Act, a person who does any of the acts set out in the said
section 25 shall, unless he proves to the satisfaction of the court that he did not know that this conduct was an
infringement of the performer’s right, be liable on conviction-
(a) in the case of an individual, to a fine not exceeding N10,000;
(b) in the case of a body corporate, to a fine of N50,000;
(c) in all other cases, to a fine of N100 for each copy dealt with in
contravention or to imprisonment for twelve months or to both such
fine and imprisonment.
(2) A court before which an offence under this section is tried shall order that the recording or any
other part thereof be delivered to the performer.
28. (1) Expressions of folklore are protected against-
(a) reproduction;
(b) communication to the public by performance, broadcasting,
distribution by cable or other means;
(c) adaptation, translation and other transformations,
when such expressions are made either for commercial purposes or
outside their traditional or customary context.
(2) The right conferred in subsection (1) of this section shall not include the right to control-
(a) the doing of any of the acts by way of fair dealing for private and
domestic use, subject to the condition that, if the use is public, it shall
be accompanied by an acknowledgement of the title of the work and
its sources;
(b) the utilisation for purposes of education;
(c) utilisation by way of illustration in an original work of the author:
24/08/2011 11:09