Copyright Act
21 of 24
http://www.nigeria-law.org/CopyrightAct.htm
dramatic work which has been published in printed or analogous form of reproduction for the purposes of teaching,
scholarship or research.
(2) Any application under this paragraph shall be made in such form as may be prescribed and shall
state the proposed retail price of a copy of the translation of work.
(3) Every applicant for a licence under this paragraph shall along with his application, deposit with
the Council such fee as may be prescribed.
(4) Where an application is made to the Council under this paragraph it may, after holding such
inquiry as may be prescribed, grant to the applicant a licence, to produce and publish a translation of
work in the language mentioned in the application subject to the condition-
(a) that the applicant shall apply to the owner of the copyright in the
work royalties in respect of copies of the translation of work sold to
the public, calculated at such rate as the court may, in the
circumstances of each case, determine in the prescribed manner,
except that the royalty shall be consistent with the standards normally
operating in the case of licences freely negotiated between persons in
Nigeria and owners of translation rights in the country of the owner of
the right of translation; and
(b) that the licence shall not extend to the export of copies of the
translation of the work outside Nigeria and every copy of such
translation shall contain a notice in the language of such translation
that the copy is available for distribution only in Nigeria.
(5) Sub-paragraph (4) of this paragraph shall not apply to the export by the Government or any
authority under the Government of copies of such translation in language other than English to any
country if-
(a) such copies are sent to citizens of Nigeria residing outside Nigeria
or to any association of such citizens outside Nigeria; or
(b) such copies are meant to be used for purposes of teaching,
scholarship or research and not for any commercial purpose,
and in either case, the government of the country to which the copies
are exported has agreed to the receipt of distribution, or both, of the
copies exported to the country.
(6) No licence shall be granted by the Council under this paragraph until the expiration of whichever
of the following periods is applicable-
(a) one year from the date of first publication of the work where the
application is for a licence for translation into any language spoken in
Nigeria other than English;
(b) three years from the date of first publication of the work where the
application is for a licence for translation into English.
(7) No licence shall be granted by the Council unless-
(a) the Council is satisfied that no translation of work into the
language in question has been published in printed or analogous forms
of reproduction, by or with the authorisation of the owner of the right
of translation, or that all previous editions in that language are out of
print;
(b) the applicant has proved to the satisfaction of the Council that he
had requested and had been denied authorisation by the owner of the
copyright to produce and publish such translation, or that he was, after
due diligence on his part, unable to find such owner;
(c) where the applicant was, after due diligence on his part, unable to
find the owner of the copyright, he had sent a copy of his request for
such authorisation by registered air-mail post to the publisher whose
24/08/2011 11:09