Nigerian Copyright Commission
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Established under section 34 of the Copyright Act (Cap C28, Laws of the Federation of Nigeria, 2004) the Nigerian Copyright Commission was inaugurated on 19 August 1989, first as the Nigerian Copyright Council. It was elevated to the status of a commission in April 1996 and this administrative change was confirmed by the Copyright (
Amendment An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. They ...
) Decree 1999.


Statutory duties

The Commission is the government agency responsible for all
copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
matters in
Nigeria Nigeria ( ), , ig, Naìjíríyà, yo, Nàìjíríà, pcm, Naijá , ff, Naajeeriya, kcg, Naijeriya officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf o ...
including the administration, regulation, enforcement and prosecution under the Copyright Act. Its
statutory authority A statutory body or statutory authority is a body set up by law (statute) that is authorised to implement certain legislation on behalf of the relevant country or state, sometimes by being Primary and secondary legislation, empowered or deleg ...
includes: * (a) responsibility for all matters affecting copyright in Nigeria as provided for in the Act; * (b) monitoring and supervising Nigeria's position in relation to international conventions and advising Government thereon; * (c) advising and regulating conditions for the conclusion of bilateral and multilateral agreements between Nigeria and any other country; * (d) enlightening and informing the public on matters relating to copyright; * (e) maintaining an effective
data bank In database management and information architecture, a data bank or databank is a repository of information about one or more subjects, that is, a database which is organized in a way that facilitates local or remote information retrieval and is abl ...
on authors and their works; * (f) responsibility for such other matters as relate to copyright in Nigeria as the Minister may, from time to time, direct. The Commission is also charged with the following
statutory A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
responsibilities under the Copyright Act: * (a) the certification of countries that are parties to treaty obligations for the purpose of determining whether a copyright work may enjoy copyright by virtue of such international obligation. Such a certificate is conclusive proof of that fact. (Section 5) * (b) the regulation of the conditions for the exercise of the right of an author of graphic works, three-dimensional works and manuscripts to share in the proceeds of any sale of that work or manuscript by public auction or through a dealer. (Section 13) * (c) the issuance of exemption certificate for the purpose of enabling an otherwise unapproved collecting society to commence action for the infringement of copyright or any right under the Copyright Act. (Section 17) * (d) the prescription of anti-piracy devices for use on, in, or in connection with any work in which copyright subsists. (Section 21) * (e) the authorisation of the reproduction, communication to the public and adaptation of expressions of folklore for commercial purposes outside their traditional or customary contexts. (Section 31) * (f) the granting of compulsory
licence A license (or licence) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit). A license is granted by a party (licensor) to another party (licensee) as an element of an agreeme ...
s in accordance with the provisions of the Fourth Schedule to the Act as well as the establishment and regulation of the Copyright Licensing Panel. (Section 37) * (g) the appointment of copyright inspectors as it may deem fit. (Section 38) * (h) the approval and regulation of collecting societies for the purpose of the Copyright Act. (Section 39) * (i) the receipt and disbursement of funds arising from the imposition of compulsory levy on copyright materials. (Section 40) * (j) the regulation of the conditions necessary for the operation of a business involving the production, public exhibition, hiring or rental of any work in which copyright subsists under the Act. (Section 45(1) * (k) the carrying out of such directives of a general or special character with respect to its functions as the Minister may give. (Section 50)


Composition of the Governing Board

The Commission is supervised by a Governing Board established under section 35 of the Act and constituted as follows: * (a) a
Chairman The chairperson, also chairman, chairwoman or chair, is the presiding officer of an organized group such as a board, committee, or deliberative assembly. The person holding the office, who is typically elected or appointed by members of the grou ...
, who shall be a person knowledgeable in copyright matters, to be appointed by the
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
on the recommendation of the Minister; * (b) the Director-General of the Commission; * (c) one representative of the Federal Ministry of Justice; * (d) one representative of the Federal Ministry Education; * (e) one representative of the
Nigeria Police Force The Nigeria Police Force is the principal law enforcement and the lead security agency in Nigeria. Designated by the 1999 constitution as the national police of Nigeria with exclusive jurisdiction throughout the country, as at 2016 it has a s ...
, not below the rank of a Commissioner of Police; * (f) one representative of the
Nigeria Customs Service The Nigeria Customs Service (NCS) is an independent customs service under the supervisory oversight of the Nigerian Ministry of Finance, responsible for the collection of customs revenue, Facilitation of both national and international trade a ...
, not below the rank of a
Comptroller A comptroller (pronounced either the same as ''controller'' or as ) is a management-level position responsible for supervising the quality of accounting and financial reporting of an organization. A financial comptroller is a senior-level executi ...
of Customs; * (g) six other persons, to be appointed by the Minister, who shall represent as far as possible the authors in the following areas– :* (i)
literary works Literature is any collection of written work, but it is also used more narrowly for writings specifically considered to be an art form, especially prose fiction, drama, and poetry. In recent centuries, the definition has expanded to include o ...
; :* (ii) Artistic works; :* (iii) Musical works; :* (iv) Cinematograph films; :* (v) Sound recordings; and :* (vi) Broadcasts. The representatives of the Ministries are required to be officers not below the rank of director and the board is at liberty to adopt its own rules of procedure and method of operation. The day-to-day administration of the commission is under a director general who is designated as the chief executive of the Commission. The
director general A director general or director-general (plural: ''directors general'', ''directors-general'', ''director generals'' or ''director-generals'' ) or general director is a senior executive (government), executive officer, often the chief executive offi ...
is appointed by the president on the recommendation of the minister. The office has been occupied by John O. Asein . He is to serve for a four-year term, after which he or she may seek for a renewal of the appointment.


Management structure

The Commission has eight departments each of which is headed by a director. The departments are: * Enforcement * Prosecution and Legal * Administration * Finance and Accounts * Public Affairs * Planning, Research and Statistics * Regulatory * the Lagos Office constitutes an eighth department There is, in addition, a Copyright Institute.


Functions

Functions carried out by the different departments in fulfillment of its statutory duties include the following:


Enforcement Department

This Department is responsible for enforcing the Copyright Act. the Act provides for criminal violation of the law. These are offences which are punishable by terms of imprisonment in most cases. Any person who violates these provision will be investigated by operatives of the Commission called Copyright Inspectors. The copyright inspectors have power to inspect premises which they reasonably suspect are being used for the commission of an offence, enter such premises, arrest the suspects, request the suspect to provide relevant pictures, data or other information, seize
pirated Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, s ...
works and prosecute the offenders. Over the years, these officers had carried out several investigations, arrest many suspects, and seized much pirated material. Many suspected pirates have also been prosecuted and some convicted. In carrying out its enforcement activities, the Commission collaborate with many stakeholders including copyright owners, owner associations, other government agencies and sister law-enforcement agencies. Copyright owners provide relevant information on piracy activities in the industry which help the Commission to identify and investigate suspected pirates. Where there is relevant information, the suspect is arrested and pirated works are seized. in carrying out these arrests, the Commission works with the Nigerian Police or other sister law enforcement agencies that carry firearms, since operatives of the Commission are not armed. Between January 2011 and the 3rd quarter of 2017, the Commission conducted a total of 600 anti-piracy surveillances, carried out 327 anti-piracy operations, arrested 711 suspects and seized 9,306,316 copies of pirated works, which is valued at N9,509,467,010.00. The seized pirated works included 28 containers of pirated books, VCDs and DVDs which were seized at the
Apapa Apapa is a Local Government Area in Lagos, located to the west of Lagos Island. Apapa contains a number of ports and terminals operated by the Nigerian Ports Authority (NPA), including the major port of Lagos State and Lagos Port Complex (LPC ...
and Tin Can seaports in collaboration with Nigerian Customs as they were being imported into Nigeria. Within the period the Commission also achieved 28 conviction at the Federal High Court. In year 2012, the Commission carried out a public burning of seven hundred and twenty two million (722,000,000) units of seized pirated copyright works and contrivances estimated at six billion, five hundred million Naira(N6,500,000,000), comprising literary, musical, film works and contrivances, including those from the broadcast industries. This public burning was carried out in Lagos. In addition, ten million and fifty thousand (10,050,000) assorted confiscated pirated copyright works and contrivances seized from
Kaduna State Kaduna State ( ha, Jihar Kaduna جىِهَر كَدُنا; ff, Leydi Kaduna, script=Latn, ; kcg, Sitet Kaduna) is a state in northern Nigeria. The state capital is its namesake, the city of Kaduna which happened to be the 8th largest city in ...
,
Kano State Kano State (Hausa: ''Jihar Kano''جىِهَر كَنوُ) (Fula: Leydi Kano 𞤤𞤫𞤴𞤣𞤭 𞤳𞤢𞤲𞤮𞥅 ) is one of the 36 states of Nigeria, located in the northern region of the country. According to the national census done in ...
and environs, with an estimated market value of one billion four hundred million Naira (N1, 400,000,000) were publicly destroyed by burning in Kaduna on 22 October 2015. Similarly, seventeen million, two hundred and sixty six thousand, one hundred and eighty seven (17,266,187) units of pirated copyright works and contrivances seized from
Enugu State Enugu State ( ig, Ȯra Enugu) is a state in the South-East geopolitical zone of Nigeria, bordered to the north by the states of Benue and Kogi, Ebonyi State to the east and southeast, Abia State to the south, and Anambra State to the west. T ...
,
Abia State Abia State ( ig, Ȯha Abia) is a state in the South-East geopolitical zone of Nigeria, it is bordered to the north and northeast by the states of Enugu, and Ebonyi, Imo State to the west, Cross River State to the east, Akwa Ibom State to the ...
and environs with an estimated
market value Market value or OMV (Open Market Valuation) is the price at which an asset would trade in a competitive auction setting. Market value is often used interchangeably with ''open market value'', ''fair value'' or ''fair market value'', although the ...
of two billion, four hundred million Naira (N2,400,000,000.00) was destroyed publicly by burning in Enugu on 2 March 2016. Due to environmental issues, most of the destruction of pirated works presently are not carried out by burning.


Prosecution Department

This department is responsible for prosecuting suspected offenders where the investigation into an allegation disclose a good ground to prosecute the offenders. After an investigation by the Enforcement Department, the investigation file is sent to them for review. In reviewing an investigation, they work closely with the operatives that investigated the offence and may require that further investigation activity is carried out in any file before prosecution. They may also advice that the investigation did not disclose required information for prosecution in which case the investigation will be closed. Over the years, many suspected pirates have been successfully prosecuted.


Administration Department

This department is responsible for all administrative and human resources issues of the Commission. they handle employment, promotion, transfer, discipline and termination of employment; all welfare matters; maintenance of office equipment etc.


Public Affairs Department

This department oversee all issues of public relations. they manage the media and all other publications including online resources


Planning Research and Statistics Department

This department is responsible for handling all issues of planning, research and statistics as the name implies. this include the annual budget and other periodic reports issued by the Commission. This department also takes charge of the secretariat of the Commission's Management Board.


Finance and Account Department

This Department is responsible for all financial and accounting issues.


Office locations

The Commission's head office is located at the Federal Secretariat Phase 1, Annex 2, Ground Floor, Shehu Shagari Way, Central Business District,
Abuja Abuja () is the capital and eighth most populous city of Nigeria. Situated at the centre of the country within the Federal Capital Territory (FCT), it is a planned city built mainly in the 1980s based on a master plan by International Plann ...
, Nigeria. It also has offices in 14 states of the Federation. The towns where these offices are located in:


References

* John O. Asein, ''Nigerian Copyright Law and Practice'', 2nd ed. (Abuja, Books and Gavel, 2012).


External links


Official website

About: Nigerian Copyright Commission
{{authority control Copyright law organizations Government agencies of Nigeria