Copyright Act
22 of 24
http://www.nigeria-law.org/CopyrightAct.htm
name appears from the work, not less than two months before the
application for the licence;
(d) the applicant had the time he submitted an application under this
paragraph informed any national or international information centre
designated for this purpose by the government of this country in which
the publisher of the work to be translated is believed to have his
principal place of business;
(e) the Council is satisfied that the applicant is competent to produce
and publish a correct translation of the work and possesses the means
to pay to the owner of the copyright the royalties payable to him under
this Act;
(f) a period of six months in the case of an application for the licence
for translation into English or nine months in the case of an application
for a licence for translation into any language spoken in Nigeria other
than sub-paragraph (7) (b) of this paragraph or where a copy of the
request has been sent under sub-paragraph (7)(c) of the said paragraph
from the date of sending of such copy, and the translation of the work
in the language mentioned in the application has not been published by
the owner of the copyright in the work or any person authorised by
him within the said period of six months, as the case may be;
(g) the name of the author and the title of the particular edition of the
work proposed to be translated are printed on all copies of the
translation;
(h) if the work is composed mainly of illustrations, the provisions of
section 3 of this Act are complied with;
(i) the author has not withdrawn from circulation copies of the work;
and
(j) an opportunity of being heard is given, wherever practicable, to the
owner of the copy in the work.
3. (1) Where, after the expiration of the relevant period from the date of the first publication of an edition of a
literary or artistic work-
(a) the copies of such edition are not made available in Nigeria; or
(b) such copies have not been put on sale in Nigeria for a period of
six months,
by the owner of the right of reproduction or by any person authorised
by him in that behalf to the general public, or in connection with
systematic instructional activities at a price reasonably related to that
normally charged in Nigeria for comparable works, any qualified
person may apply to the Council for a licence to reproduce and
publish such work in printed or analogous forms of reproduction at
that price at which such edition is sold or at a lower price for the
purposes of systematic instructional activities.
(2) Every such application shall be made in such forms as may be prescribed and shall state the
proposed retail price of a copy of the work to be reproduced.
(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, not being an exclusive licence, to
produce and publish a reproduction of the work mentioned in the application subject to the
conditions that-
(a) the applicant shall pay to the owner of the copyright in the work
royalties in respect of copies of reproduction of the work sold to the
public, calculated at such rate as the Council may, in the
circumstances of each case, determine in the prescribed manner,
except that the royalties shall be consistent with the standards
normally operating in the case of licences freely negotiated between
24/08/2011 11:09