The Copyright Act of 1988 protects all literary, artistic, musical works as well as cinematograph works, broadcasts and sound recordings of Nigeria from unauthorized reproduction or use. If it is an eligible work, copyright laws are applicable on it automatically; you need not get any official registration for it.
However, there are cases when copyright infringement occurs. In such a circumstance, you need to consult a lawyer immediately to find a remedy for it. How do you know whether there is an infringement or not? Section 15 of the Act provides the details of when there is an infringement of the laws.
1) If any person carries out an unauthorized action as per copyright laws2) If a person exhibits any item pertaining to a work that is within copyright protection3) If any person imports any copy of a work to the country that could be an infringement if it was made here4) If any person has, or makes, objects, e.g. machines, plates, equipments, etc, that would help make it easier to copy the work5) If any person sells/hires, or offers to sell/hire, any item that would imply a violation of the copyright on a work6) If any person performs any work under copyright, or takes initiative for it, for trade purposes7) If any person permits the public performance of the work that is under protection at a place of public business/entertainment
A copyright lawyer can help you understand whether there is an infringement or not. An incident may seem like an infringement. However, there are exceptions that make it difficult to assess this on your own. Get help from a lawyer. If it is indeed an infringement, ask him/her about the right course of action.
What are the remedies available for you in case there is an infringement? Your Nigeria copyright lawyer can give you the right answer to this. However, there are three remedies available in this regard.
An action to stop the practice and get damage recovery an interim injunction would stop the practice until the case reaches a result, and a perpetual injunction, to stop it altogether. Along with this, you could get compensation for the damages or an account of profit from the practice.
An action to recover the offending items the court may order confiscation or destruction of the copies, or the items to make copies.
An action to converse the offending items you may also get the right to transfer or move it as per your decision.
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