Introduction
This essay explores the theoretical underpinnings of copyright protection in Nigeria, focusing on the utilitarian theory as a primary framework that informs the nation’s intellectual property laws. Copyright, as a branch of intellectual property law, seeks to balance the rights of creators with public access to knowledge and culture. In Nigeria, the legal framework for copyright is primarily governed by the Copyright Act of 1988 (as amended). This discussion aims to elucidate how the utilitarian theory supports the rationale for copyright protection in Nigeria, with specific reference to key provisions of the law. By examining this theory, the essay highlights the balance between incentivising creativity and ensuring societal benefits, while acknowledging some limitations in its application within the Nigerian context.
Utilitarian Theory and Copyright in Nigeria
The utilitarian theory of copyright posits that the primary purpose of copyright law is to promote societal progress by incentivising the creation and dissemination of creative works. According to this perspective, copyright protection offers creators exclusive rights as a reward for their intellectual efforts, thereby encouraging further innovation. In Nigeria, this theory underpins the Copyright Act, which provides creators with economic and moral rights over their works. As Landes and Posner (1989) argue, copyright serves as a mechanism to address the ‘public goods’ problem, ensuring that creators can benefit from their work without fear of free-riding by others. Without such protection, there would be little motivation for individuals to invest time and resources into creative pursuits, ultimately stifling cultural and economic development.
In the Nigerian context, the utilitarian rationale is evident in Section 1 of the Copyright Act 1988, which defines copyrightable works, including literary, musical, artistic, and cinematographic creations. By granting creators exclusive rights for a specified duration—typically the lifetime of the author plus 70 years for literary works (as per Section 2 of the Act)—the law incentivises the production of original content. Furthermore, the Act’s provisions on economic rights, such as the right to reproduce or distribute works (Section 6), ensure that creators can derive financial benefits, aligning with the utilitarian goal of rewarding innovation. This framework arguably fosters a vibrant creative industry, which is vital for Nigeria’s cultural heritage and economic growth, particularly in sectors like Nollywood, one of the world’s largest film industries.
However, the application of the utilitarian theory in Nigeria is not without limitations. While the law aims to balance individual and public interests, enforcement remains a significant challenge due to widespread piracy and inadequate institutional mechanisms. This raises questions about whether the incentives provided by copyright law are sufficiently effective in a context where violations are common. Additionally, the duration of protection may sometimes hinder public access to knowledge, contradicting the utilitarian aim of societal benefit. Thus, while the theory provides a sound basis for copyright law in Nigeria, its practical impact is arguably constrained by systemic issues.
Conclusion
In conclusion, the utilitarian theory offers a compelling justification for copyright protection in Nigeria by emphasising the need to incentivise creativity for societal progress. The provisions of the Copyright Act 1988, such as the definition of eligible works and the granting of economic rights, reflect this principle by rewarding creators and encouraging innovation. However, practical challenges like weak enforcement highlight limitations in achieving the full utilitarian ideal. This suggests a need for stronger institutional support and possibly a review of certain provisions to better balance private rights with public access. Ultimately, understanding the theoretical foundation of copyright in Nigeria provides insight into both its purpose and the ongoing challenges in its implementation.
References
- Landes, W.M. and Posner, R.A. (1989) An Economic Analysis of Copyright Law. The Journal of Legal Studies, 18(2), pp. 325-363.
- Nigeria Copyright Act (1988) Federal Government of Nigeria. Official Gazette.
