- Copyright (Amendment) Decree No 42, 1999
- Amendment of 1988 No. 47. Cap. 68 LFN. 1992 No. 98
- Insertion of section 4A
- Amendment of section 10
- Amendment of section 11 1992 No. 98
- Amendment of section 12. 1992 No. 98
- Insertion of a new section 15A
- Amendment of section 18 1992 No. 98
- Insertion of a new section 18A
- Anti-piracy measures
- Insertion of a new section 29A
- Amendment of section 31
- Amendment Section 32
- Amendment Section 32A 1992 No. 98
- Amendment of section 37
- Insertion of a new sections 38A,38B, 38C 38D and 38D
- 'Limitation on suit against the Commission, etc
- Untitled
- Service of documents
- Restriction on execution against the property of the Commission
- Powers of the Minister give directives
- Amendment of Second Schedule
- Amendment of Third Schedule
- Amendment of Fourth Schedule
- Citation
Copyright (Amendment) Decree
No 42 1999
Laws of the Federation of Nigeria
10th May 1999
The Federal Military Government hereby decrees as follows:-
Amendment of 1988 No. 47.Cap. 68 LFN. 1992 No. 98
1. The Copyright Decree (in this Decree referred to as "the principal Decree") as amended, is hereby further amended as set out in this Decree.
2. Wherever it occurs in the principal Decree as amended, other than in section 37(2)(a) and in paragraph 3(a) In the third Schedule to the Decree, for the word "Council" there is substituted, the word "Commission".
Insertion of section 4A
3. Immediately after. section 4 of the principal Decree there is inserted a new section 4A as follows -
"Copyright by reference to international agreements.
4A. (1) Copyright shall be conferred by this section on every work if -
(a) on the date of its first publication at least one of the authors is
(i) a citizen of or domiciled in, or
(ii) a body corporate established by or under the laws of,
a Country that is, a party to an obligation in a treaty or other international agreement to which Nigeria is a party;
(b) the work is first published -
(i) in a country which is a party to an obligation in a treaty or other international agreement to which Nigeria is party,
(ii) by the United Nations or any of its specilised agencies, or
(iii) by the Organisation of African Unity, or
(iv) by the Economic Community of West Africa.
(2) Where the question arises as to whether a country is a party to an obligation in a treaty or other international agreement to which Nigeria is also a party, a certificate from the Commission to that effect shall be conclusive proof of that fact".
Amendment of section 10
4. Section 10 of the principal Decree is amended in subsection (2) by substituting for the word "party", the word part
Amendment of section 11 1992 No. 98.
5. Section 11 of the principal Decree, as amended, is further amended in subsection (1) by inserting immediately after the word "subsists", the words "has the right".
Amendment of section 12. 1992 No. 98.
6. Section 12 of the principal Decree. as amended, is further amended in subsection (3) by substituting for the words "section 31" the words "section 30".
Insertion of a new section 15A.
7. Immediately after section 15 of the principal Decree, there is inserted a new section 15A as follows -
'Limitation to the right of action.
15A. Notwithstanding the provisions of this Decree or any other law, no action for the infringement of copyright or any right under this Decree shall be commenced or by any person
(a) carrying on the business of negotiating and granting of licence;
(b) collecting and distributing royalties in respect of copyright works or representing more than 50 owners of copyright in any category of works protected by this Decree,
unless it is approved under section 32B of this Decree to operate as a collecting society or is otherwise issued with a certificate of exemption by the Commission.".
Amendment of section 18 1992 No. 98
8. Section 18 of the principal Decree as amended is further amended in subsection (1) by -
(a) substituting for the word "and" at the end of paragraph (b), the word 'or";
(b) inserting immediately after the word 'did' in line 2, after paragraph (c), the word "not"; and
(c) deleting, after the word 'was' in line 3 after paragraph (c), the word "not"
Insertion of a new section 18A
9. Immediately after section 18 of the principal Decree, there is inserted a new section 18A as follows -
Anti-piracy measures
18A. (1) The Commission shall have powers, with the consent of the Minister, to prescribe any design, label. mark, impression or any other anti-piracy device for use on, in or in connection with any work in which copyright subsists.
(2) Any person who –
(a) sells, rents, hires or