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A Bill For An Act To Amend The Copyright Act Cap C28 Laws Of The Federation Of Nigeria 2004

18 June 2012

PUBLIC NOTICE

A BILL FOR AN ACT TO AMEND THE COPYRIGHT ACT CAP C28 LAWS OF THE FEDERATION OF NIGERIA 2004 TO PROVIDE FOR BETTER PROTECTION OF COPYRIGHT IN THE DIGITAL ENVIRONMENT.

Amendment of CAP C28 L.F.N 2004
1. The Copyright Act referred to in this Act as the "Principal Act" is hereby amended as set out in this Act.
2. Section 1 of the Principal Act is hereby amended by inserting, immediately after subsection (4) a new provision numbered subsection (5) as follows:
(5) "Copyright shall not extend to ideas, concepts, procedures, methods or other things of a similar nature"
3. Section 2 of the Principal Act is hereby amended by the deletion of Subsections (2), (3) and (4)

4. Section 5 of the Principal Act is hereby amended by the substation of Subsection (1)(b) with the following provision; that is:
(b) the work is first published in a country which is party to an obligation in a treaty or other international agreement to which Nigeria is party.
5. Section 6 of the Principal Act is hereby amended as follows:
(1) In subsection(1) (a) (vii) immediately following the word "public" by deleting the Phrase "by loud speaker or any other similar device"
(2) by the addition in subsection (1) of a new provision numbered (x) as follows:
(x) "the making available to the public of their works in such a way that members of the public may access these works from a place and at a time individually chosen by them"
(3) by the addition in subsection (1) (c) of a new provision numbered (v) as follows:
(v) "Communication to the public"
(4) by inserting, immediately after subsection (4) a provision to be numbered subsection (5) as follows:
(5) (a) The following works shall belong to the public domain:
(i) works whose terms of protection have expired;
(ii) works in respect of which authors have renounced their rights; and
(iii) foreign works which do not enjoy protection in Nigeria.

(b) For the purposes of paragraph (a) (ii), renunciation by an author or his successor in title of his rights shall be in writing and made public but any such renunciation shall not be contrary to any previous contractual obligation relating to the work.
(c) Subject to the payment of such fees as may be prescribed by the Commission, a work which has fallen into the public domain may be used without any restriction.

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