AS the Nigerian Copyright Commission (NCC) commences its strategic engagements with various stakeholders on the seamless implementation of the new Copyright Act, the Director-General, NCC, Dr. John O. Asein, has charged lawyers and other experts to use the copyright system, not only for settling disputes but also as a tool for organising businesses to minimize rancour.
This was stated in the Director-General’s keynote address during a webinar on Understanding the new Copyright Act, Insights from the NCC, organised by the Intellectual Property Lawyers Association of Nigeria (IPLAN) in collaboration with the Commission on 27th June 2023.
Dr. Asein, called on IPLAN to collaborate with NCC to address some of the issues that have bedevilled the creative industry, noting that a greater percentage of practitioners in the industry live below the poverty line. This, according to him, underscores the need to pay more attention to contracts and rights management issues as many engagements are without written contracts or, where they exist, are poorly drafted.
He further, reiterated the Commission’s commitment as the frontline agency responsible for copyright, to provide the enabling environment for right owners and other players like IPLAN to contribute to shaping the nation’s copyright agenda.
In his opening remarks, IPLAN’s President, Mr. Obafemi Agaba, congratulated the NCC on the new Copyright Act, noting that it is a product of intense work that took about 12 years, from conception to the passage of the Bill. He said IPLAN and its members have followed with keen interest the evolution of the repealed Copyright Act in 1988 and its amendments in 1992 and 1999 before the emergence of the new Act in 2023. This, in his words, is proof of the quality of leadership at the Commission.
Speaking further on the importance of the bar and the bench in achieving the objectives of the Act, the Director-General observed that this would depend “not so much on what the Act provides but invariably on how the courts interpret the provisions.” He also remarked that although the new law addresses some of the mischief of the past, it is not unlikely that fresh legislative gaps may have been emerged hence the need for a well-informed bar and bench to correct them.
Announcing that the Commission is constituting a group of experts to collate comments and suggestions for further reforms, Dr. Asein promised that NCC will adopt a more proactive, strategic and organic approach to copyright administration in Nigeria.
He conceded that there were areas that have not been addressed in the new Act while some others may require urgent redress and listed the expansion of the categories of protected works; provision on orphan works, more provision to strengthen the registration system; provision on unfair contractual terms and improper industry practice, provision for new areas such as Artificial Intelligence. He declared that the priority of the Commission would be to constructively make the best use of the Act as it is while the areas in need of legislative attention will be addressed later.
Speaking on the approach to implementing regulations, he restated that the Commission will continue to consult widely in formulating regulations and policies, always bearing in mind the need to carry stakeholders along to achieve a virile copyright system.
In his presentation on Understanding the new Copyright Act, Insights from the NCC, the Director, Regulatory and Compliance Department at NCC, Mr. Mike Akpan, spoke extensively on the different provisions of the Act including protected subject matter; management of works online; statutory exceptions; transfers and licences; enforcement provisions, copyright offences and sanctions; rights management provisions and technological protection measures; border measures and institutional provisions.
Amos Abutu
For: Director-General
