Copyright Act

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

copyright subsists both in the musical work and in the literary or
dramatic work and their owners are different persons, the royalty shall
be apportioned among them (or among them and any other person
entitled to share thereof in accordance with the last preceding
sub-paragraph) as they may agree or as, in default of agreement, may
be determined by arbitration.
6. For the purpose of this Schedule, an adaptation or a work shall be taken to be similar to an adaptation thereof
contained in previous records if the two adaptations do not substantially differ in their treatment of the work, either
in respect of style or (apart from any difference in number) in respect of the performances required for performing
them.
7. Where, for the purposes of sub-paragraph (a) of a paragraph 1 of this Schedule, the record producer requires to
know whether such previous records as are mentioned in that sub-paragraph were made or imported as therein
mentioned, the record producers may make the prescribed inquiries; and if the owner of the copyright fails to reply
to those inquiries within the prescribed period, the previous records shall be taken to have been made or imported,
as the case may be, with the licence of the owner of the copyright .
8. The provisions of paragraph 7 of this Schedule shall apply in relation to records of part of a work or adaptation
as they apply in relation to records of the whole of it :
Provided that paragraph 1 of this Schedule-

(a) shall not apply to a record of the whole of a work or adaptation
unless the previous records referred to in sub-paragraph (a) of that
paragraph were records of the whole of the work or of a similar
adaptation; and
(b) shall not apply to a record of part of a work or adaptation unless
those previous records were records of, or comprising , that part of
the work of a similar adaptation.
9. Nothing in this Schedule shall be construed as authorising the importation of records which could not lawfully be
imported apart from this Schedule; and accordingly, for the purposes of any provision of this act relating to
imported articles, where the question arises whether the making of a record outside Nigeria would have constituted
an infringement of copyright if the record had been made in Nigeria, that question shall be determined as if
paragraph 1 of this schedule had not been enacted.
10. In this Schedule "prescribed" means prescribed by Regulations made under this Schedule by the Minister and
any such Regulations made for the purpose of sub-paragraph (d) of paragraph 1 of this Schedule may provide that
the taking of such steps as the Minster considers most convenient for ensuring the receipt of the royalties (by the
owner of the copyright) shall be treated as constituting payment of the royalties in accordance with that paragraph.

Fourth Schedule
Compulsory Licences for Translation and Reproduction of Certain Works

1. In this Schedule"qualified person" means-

(a) a citizen of Nigeria or an individual domiciled in Nigeria; or
(b) a body corporate incorporated under any written law in Nigeria;
or
"research" shall not include industrial research, or research carried
out by bodies corporate (not being bodies corporate owned or
controlled by the Government), companies, association or bodies of
persons carrying on any business;
"purposes" of teaching, research or scholarship" includes(a) purposes of instruction activity at all levels in educational
institutions; and
(b) purposes of all types of organised educational activity.

2. (1) Any qualified person may apply to the Council for licence to produce and publish a translation of a literary or

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