Introduction
This essay critically reviews Section 14 of the Copyright Act 2022 in Nigeria, focusing on the provision concerning the duration of copyright protection. It aims to identify potential areas for improvement, such as overly strict or inadequate measures, and compares this section with equivalent laws in the United Kingdom (UK) and the United States (US). By examining cultural contexts and best practices, the essay proposes amendments to better align the Act with Nigeria’s societal needs. The analysis draws on legislative texts and academic commentary to ensure a sound understanding of the subject, while adopting a logical and evidence-based approach to evaluate perspectives and suggest reforms.
Analysis of Section 14 of the Copyright Act 2022 (Nigeria)
Section 14 of the Copyright Act 2022 in Nigeria stipulates the duration of copyright protection for various works. For literary, musical, and artistic works, protection lasts for the lifetime of the author plus 70 years after their death. For cinematographic works and photographs, the duration is 50 years from the date of publication (Federal Republic of Nigeria, 2022). While this provision aligns with international standards, such as the Berne Convention, it raises concerns about accessibility. The lengthy duration, particularly for literary works, may restrict access to cultural heritage in a country like Nigeria, where educational resources are often scarce. Indeed, extending protection for such long periods could hinder public domain availability, limiting opportunities for students and researchers. Furthermore, the shorter duration for cinematographic works appears inconsistent, as it may undervalue the cultural significance of Nigerian films, especially in the burgeoning Nollywood industry.
Comparative Analysis with UK and US Copyright Laws
In the UK, the Copyright, Designs and Patents Act 1988 also grants protection for literary and artistic works for the author’s lifetime plus 70 years, mirroring Nigeria’s approach. However, the UK provides mechanisms like fair dealing exceptions, which balance creator rights with public access more effectively (UK Government, 1988). The US Copyright Act of 1976 similarly offers a term of life plus 70 years but includes a robust fair use doctrine, allowing greater flexibility for educational and transformative uses (US Congress, 1976). Arguably, both jurisdictions prioritise public interest more explicitly than Nigeria’s Act, where exceptions under Section 14 are less defined. Nigeria’s cultural context, with its emphasis on oral traditions and communal knowledge, suggests a need for shorter durations or broader exceptions to reflect local values of shared cultural heritage.
Proposed Amendments to Section 14
As lawmakers, several amendments to Section 14 are proposed to address these inadequacies. First, reducing the duration of copyright for literary and artistic works to life plus 50 years would enhance access to works while still protecting creators’ rights. Second, aligning the protection period for cinematographic works with other categories would recognise the economic and cultural value of Nollywood. Finally, introducing a clear fair use provision, inspired by the US model, could facilitate educational and creative reuse, addressing Nigeria’s unique socio-economic challenges. These reforms aim to balance individual rights with societal benefits, ensuring that copyright law supports rather than stifles cultural development.
Conclusion
This review of Section 14 of Nigeria’s Copyright Act 2022 highlights its strengths in aligning with global standards but identifies shortcomings in accessibility and cultural relevance. Comparative analysis with the UK and US reveals the need for more flexible exceptions and potentially shorter durations. The proposed amendments—reducing protection terms, harmonising durations, and introducing fair use—seek to adapt the law to Nigeria’s context, ensuring it serves both creators and the public. These changes, if implemented, could significantly enhance the Act’s relevance and effectiveness in fostering cultural and educational growth.
References
- Federal Republic of Nigeria. (2022) Copyright Act 2022. Federal Government Printer.
- UK Government. (1988) Copyright, Designs and Patents Act 1988. HMSO.
- US Congress. (1976) Copyright Act of 1976. United States Government Publishing Office.
