Download PDF by Olukunle Ola: Copyright Collective Administration in Nigeria: Lessons for

By Olukunle Ola

ISBN-10: 3642358187

ISBN-13: 9783642358180

ISBN-10: 3642358195

ISBN-13: 9783642358197

This paintings explores the operation and law of copyright collective administration in Nigeria. The nexus among creativity and copyright and the way creativity has performed a pivotal function in improvement is defined. the necessity to stability the pursuits of authors and clients is mentioned and the societies representing the curiosity of copyright vendors are illustrated.

Further, Nigeria’s criminal framework for collective administration is enunciated from a pre-independence and post-independence point of view. during this regulatory demanding situations encountered within the management of collective administration firms, steps to this point taken to deal with the issues, legislative reforms and judicial judgements are discussed.

A route to the hot regime is chartered. The South African Copyright collective administration approach is explored and a comparability among the Nigerian and South African process is made. Thereby the necessity for supervisory and regulatory firms of presidency is proven to hunt the nationwide curiosity concerning the collective management of copyright and similar rights. Then, feedback for development and classes for Africa are provided.

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Additional info for Copyright Collective Administration in Nigeria: Lessons for Africa

Example text

All requirements as stipulated by the Act and the CMO regulation have been met127; 2. Organs of the company to comprise at least a General Assembly and a Governing Board128; 3. 129 4. The Management to be approved as competent to run the affairs of a CMO130; 5. The memorandum of association to provide the main function of the Organization to be the administration of collective management of copyright131; 6. The articles of association provides for attendance of the Commission’s representative at the Governing Board and other general meetings as an observer132 126 See Regulation 6 (1)a–f Copyright (Collecting Societies Regulation) 1993 which provided that the subscribers to the memorandum of association shall not be less than 10 persons with proven interests in the areas which the company desires to operate as a collecting society.

The provision in the current Act is now Section 17. R 473. This provision is now Section 16 under the current law. 3 Legal Framework for Copyright Collective Administration in Nigeria 39 arriving at its decision, having considered the evidence tendered, for instance the deed of assignments executed in favor of MCSN which enunciated the aims, objectives and functions of the company, ruled as follows: I have come to the inexorable conclusion …that the plaintiff is a collecting society. Not having been registered pursuant to Section 32B(4) of the Copyright Act, it cannot be permitted to operate as such a body.

13 Ibid. The Copyright Board listed existing Canadian collectives and identified the following areas: 1. 2. 3. 4. 5. 6. 7. 8. Music Literary Audiovisual and multimedia Visual arts Retransmission Private copying Educational rights Media monitoring. 14 Ibid. Rights may be acquired voluntarily, non-voluntarily or by some other mechanism. 39 (2)a of the Nigerian Copyright Act which provides that collecting societies must be registered as companies limited by guarantee and under the Companies and Allied Matters Act of 2004.

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Copyright Collective Administration in Nigeria: Lessons for Africa by Olukunle Ola

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