The Copyright Act, 2004 was first enacted in 1988 to make provisions, inter alia, for the protection of creative works and the remedy and penalty for the infringement thereof. Sequel to the phenomenal growth in the creative industry, it became imperative to amend the Copyright Act. This has led to the enactment of the Copyright Act, 2022 (which repealed the 2004 Act) to enhance the protection of the rights of copyright owners and impose more reasonable penalties in cases of copyright infringement. We present herewith a comprehensive analysis comparing the Copyright Act of 2004 with the Copyright Act of 2022 and showing the notable differences as outlined in the table below:

1. Objectives and Application of the Act. The 2004 Act does not state the Objectives and Application. The 2022 Act provides for Objectives and Application under section 1(a) - (d).
2. Meaning of Copy Section 51 of the 2004 Act defines Copy to means a reproduction in written form in the form of a recording or cinematograph film or in any other material form so however that an object shall not be taken to be a copy of an architectural work unless the object is a building or model. Under Section 108 of the 2022 Act Copy means a reproduction in any form including a digital copy. By this definition, this gives protection and recognition to digital creative works especially online content creation.
3. Works Eligible for Copyright.

Inclusion of cinematograph films as works eligible for copyright.
SECTION 1(1)(d)

Replacement of cinematograph films with Audiovisual works as works eligible for copyright. This appears to be more encompassing than erstwhile cinematograph films.
SECTION 2 (1) (d)

4. Ineligibility for Copyright. Works ineligible for copyright was not provided.

Works ineligible for Copyright is provided. They include:

  • Ideas, procedures, processes, formats, systems, methods of operation, concepts, principles, discoveries or mere data.
  • Official texts of a legislative or administrative nature as well as any official translations, except their compilations; and
  • Official state symbols and insignia, including flags, coat-of-arms, anthems, and banknote designs.
5. Formality for Eligibility of Copyright.

There was a condition for eligibility of copyright works i.e., if sufficient effort has been expended on making the work to give it an original character etc.
SECTION 1 (2) (a)(b), (3)

There is no formality for eligibility of copyright works.

6. General Nature of Copyright.

This is provided for under Section 6 of the Act and the channel of communication of all the works provided by this Section to the Public was through the loudspeaker or any other similar devices.
SECTION 6 (vii)

This is provided for under Sections 9 to 13 of the Act and the channel of communication of all the works provided by these Sections to the Public is through Wire or Wireless Means.

7. Nature of Copyright in Artistic Work. This is provided for in Section 6 (b) of the Act but the broadcast and communication of artistic work was not made available to the public. SECTION 6 (b)

This is provided for in Section 10 of the Act and it made provision for the communication and broadcast of artistic work to the Public and it is made available to the Public through Wire or Wireless Means.
SECTION 10 (d) (e) (f)

8. Nature of Copyright in Broadcast.

This is provided for in Section 8 of the Act but the right of fixation of broadcast was not provided.

This is provided for in Section 13 of the Act and also broadened the nature of copyright in broadcast by including the right of fixation of the broadcast.
SECTION 13 (1) (d)(e)(f)(g)

Cable operators who merely retransmit the broadcasts of broadcasting organizations are precluded from enjoying exclusive rights in copyright in broadcast. This was added to protect copyright in broadcast.
SECTION 13 (3)

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