A comparative analysis of copyright enforcement provisions in Nigeria: Maximising the current legal regime

Abstract

Like any other proprietary right, enforcement of rights is of utmost importance in copyright matters. It is however common knowledge that Nigeria has a very weak copyright enforcement regime and piracy remains a mammoth challenge. While so many factors have been adduced for piracy in Nigeria, the inadequacy and sometimes lack of effective copyright enforcement laws is of significance. This paper focuses on a critical appraisal of the copyright enforcement provisions (specifically the remedies available in an action for infringement) under the Nigerian Copyright Act. These remedies are compared with some of those available in other jurisdictions such as the United Kingdom, France and Germany. It is realized that while there is a need to amend the Act to incorporate more effective remedies, the law in Nigeria contains most fundamental remedies available in other advanced jurisdictions. There is however a need for lawyers and the court to begin to make use of the law to fill any lacuna in order for litigants to enjoy novel and effective remedies in an action for infringement. For justice to be done to a copyright owner in an action, the attitude of the court must also change towards respecting copyright as evidenced in judgments given.

Keywords: Copyright, Enforcement, Infringement, Remedies, Nigeria