COPYRIGHT AND NEIGHBORING RIGHTS UNDER THE NIGERIAN INTELLECTUAL PROPERTY LAW
Abstract
Copyright protection is a crucial aspect of intellectual property, ensuring that no one reaps the
fruits of another's labor without authorization. In this research, efforts have been made to appraise
copyright and neighboring rights under the Nigerian intellectual property law. Flowing from the
objective of this work, it has examined the concept and historical evolution of copyright and
neighboring rights in Nigeria, the legal framework regulating copyright and neighboring and the
adequacy or inadequacy of the existing legal framework on copyright and neighboring rights in
Nigeria. Furthermore, this study was based on primary and secondary sources. The primary
sources included the international /regional instruments, national and States statutes, covenant
and government policies and decided cases. The secondary source of information included the
textbooks, dictionaries, articles, encyclopedias, periodicals, newspaper, and opinion of writers
which are the secondary sources of data. This paper found the protection of performers’ rights
inadequate in the sense that the Act did not provide for new forms of exploitation made possible
by advance technology and the internet. Furthermore, the Act did not provide for legal protection
of performers’ of expressions of folklore, also the Act did not provide for moral rights of
performers. The study concluded that the Nigerian Copyright Act 2022 addresses the challenges
of performers' rights infringement, particularly in the face of open and sleuth technology.
However, the Act retains provisions on folklore protection without reviewing it to address the
intrusion of imported folklore on traditional culture. Future reviews or subsidiary legislation
should strengthen these provisions to prevent the loss and disappearance of certain elements of
folklore, especially in the face of modern communication technologies.
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