Copyright Comparative Guide -

1 Legal framework

1.1 What legislative and regulatory provisions govern copyright in your jurisdiction?

The Copyright Act 2022 is the principal law governing copyright in Nigeria. It repealed the Copyright Act, 1988 (Cap C28, Laws of the Federation of Nigeria 2004).

The Nigerian Copyright Commission (NCC) – the statutory body responsible for copyright administration, enforcement and policy formulation – also issues guidelines and regulations that support the implementation of the Copyright Act.

Nigeria is a party to several international copyright treaties, which also influence domestic law, including:

the Berne Convention for the Protection of Literary and Artistic Works;
the World Intellectual Property Organization (WIPO) Copyright Treaty (WCT);
the WIPO Performances and Phonograms Treaty (WPPT); and
the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) (as a World Trade Organization (WTO) member).

1.2 Is there common law protection for copyright in your jurisdiction?

In Nigeria, copyrights are protected by statute – specifically, the Copyright Act 2022 – rather than by common law. While the act is the primary legal framework enacted by the legislature, courts may apply common law principles to aid in the enforcement of rights.

1.3 Do any special regimes apply to specific types of works or subject matter (eg, software; data and databases; digital works; indigenous works)?

Yes. While the Copyright Act 2022 provides a unified regime for copyright protection, it incorporates tailored provisions for specific subject matter such as:

software;
databases; and
folklore.

These specialised rules reflect the unique characteristics of such works while ensuring they benefit from Nigeria's broader copyright protection framework. Below is a summary of how the act addresses key categories:

Computer programs/software: Under Section 108 of the Copyright Act 2022, computer programs are expressly recognised as literary works. This statutory classification ensures that software enjoys the same scope of protection afforded to other literary works. Authors of computer programs are entitled to exclusive rights to reproduce, adapt, distribute and communicate their works to the public.
Digital works: The Copyright Act extends protection to digital content under the general heads of copyrightable subject matter, such as:
- literary;
- artistic;
- musical;
- audiovisual; and
- sound recordings.
As long as a work satisfies the criteria of originality and fixation in a tangible medium (Section 2), it enjoys full copyright protection regardless of its digital format or method of dissemination.
Databases: Section 108 also recognises databases as literary works, specifically identifying "written tables and compilations, including compilations of data stored or embodied in a computer or any medium". Although facts or data themselves are not copyrightable, a database may enjoy copyright protection if it demonstrates a sufficient degree of creativity or intellectual effort in the selection or arrangement of its contents.
Indigenous works/folklore: Nigeria has a dedicated regime for the protection of traditional cultural expressions, commonly referred to as 'folklore'. Under Section 74 of the Copyright Act, expressions of folklore are deemed to be held in trust for the Nigerian people by the NCC and are protected in perpetuity. These include traditional songs, stories, dances, proverbs and crafts, which cannot be commercially exploited without authorisation and benefit-sharing mechanisms, thereby safeguarding against cultural misappropriation.

1.4 Which bilateral or multilateral instruments or treaties with effect in your jurisdiction (if any) have relevance for copyright protection?

Nigeria is a signatory to several multilateral treaties and agreements that shape and reinforce its copyright framework. These instruments:

provide reciprocal protection;
harmonise minimum standards; and
promote enforcement across jurisdictions.

The most notable include the following:

Universal Copyright Convention (UCC): Nigeria acceded to the UCC on 14 February 1962, marking its early commitment to international copyright norms. The UCC ensures basic copyright protections among member states, particularly where the Berne Convention was not accepted.
Berne Convention for the Protection of Literary and Artistic Works: Nigeria became a party to the Berne Convention on 14 September 1993. The convention:
- guarantees protection for literary, artistic, musical, dramatic and related works without the need for formal registration; and
- establishes key principles such as:
- - national treatment;
  - automatic protection; and
  - minimum standards of protection.
Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations: Acceded to by Nigeria on 29 October 1993, this convention complements the Berne regime by extending protection to neighbouring rights holders, including:
- performers;
- phonogram producers; and
- broadcasting organisations.
TRIPs Agreement: As a member of the WTO, Nigeria is bound by the TRIPs Agreement, which took effect in 1995. TRIPs:
- imposes minimum standards for copyright protection and enforcement, covering both economic and moral rights; and
- requires effective legal remedies for infringement.
WCT and WPPT: These 'internet treaties' expand the traditional copyright framework to digital environments, offering protection for works and performances in the context of digital distribution. Nigeria is a contracting party to both treaties, further signalling its alignment with modern global copyright standards.

1.5 Which bodies are responsible for implementing and enforcing the copyright regime in your jurisdiction? What is their general approach in doing so?

NCC: The NCC, established under the Copyright Act 2022, is the primary body responsible for implementing and enforcing copyright law in Nigeria. It succeeded the Nigerian Copyright Council, originally inaugurated in 1989. Section 78(1) empowers the NCC to:

oversee all aspects of:
- copyright administration;
- enforcement;
- dispute resolution (where not otherwise provided for);
- public education; and
- maintenance of copyright registers and databases; and
advise the government on international copyright matters.

Section 78(2) further authorises the NCC to:

prosecute copyright-related matters in court;
charge fees for its services;
implement protective regulations;
oversee collective management organisations; and
exercise incidental powers necessary to fulfil its functions under the Act.

Collective management organisations (CMOs): In accordance with Section 88 of the Copyright Act 2022, CMOs are licensed to administer rights on behalf of copyright owners. They collect royalties from users and distribute them to rights holders, playing a critical role in the enforcement and economic administration of copyright in Nigeria. Examples of CMOs include:

the Copyright Society of Nigeria; and
the Musical Copyright Society Nigeria.

2 Copyrightabilty

2.1 What types of works qualify for copyright protection in your jurisdiction?

Under Section 2(1) of the Copyright Act 2022, six categories of works are eligible for copyright protection in Nigeria:

Literary works: These include:
- novels;
- poems;
- plays;
- essays;
- textbooks;
- law reports; and
- computer programs.
The work must be expressed in writing or a similar visual form. Protection is based on originality and fixation in a tangible medium, not on artistic or literary quality.
Musical works: These include musical compositions, with or without accompanying lyrics or instrumentation. The quality of the music is not a factor for protection.
Artistic works: These include:
- paintings;
- drawings;
- sculptures;
- engravings;
- photographs;
- architecture; and
- works of artistic craftsmanship.
Copyright protection does not depend on artistic merit but on originality and fixation.
Audiovisual works: These include works that incorporate both visual and auditory elements, such as:
- films;
- animations; and
- other moving images.
Copyright may be jointly held by contributors such as:
- directors;
- scriptwriters; and
- composers.
Sound recordings: These are audio fixations of sounds (excluding those that form part of audiovisual works) that are capable of being reproduced or communicated audibly.
Broadcasts: These include radio and television transmissions made by wireless means, satellite, cable or wire, whether live or recorded.

Works not falling within these six categories may be protected under other types of intellectual property, such as:

patents;
trademarks; or
industrial designs.

2.2 What are the requirements for copyrightability?

A work is eligible for copyright protection under the Copyright Act 2022 if it satisfies the following core requirements:

Originality: The work must have original character and possess a minimal degree of creativity or intellectual effort (Section 2 (2)(a)).
Fixation in a tangible medium: The work must be fixed in any medium of expression in a form that can be perceived, reproduced or otherwise communicated either directly or with the aid of a device (Section 2 (2)(b)).
Qualifying work: The work must fall within one of the six categories outlined in Section 2(1) (ie, literary works, musical works, artistic works, audiovisual works, sound recordings and broadcasts).
Qualification for protection: A work qualifies for copyright protection in Nigeria if:
- the author is a Nigerian citizen or domiciled in Nigeria;
- the work is first published in Nigeria or in a country that is a party to a treaty to which Nigeria is also a party (see question 1.4); or
- the work is made in the course of employment or commissioned by a person or entity based in Nigeria.

Copyright protection in Nigeria is automatic, not requiring formal registration, provided that the work meets the aforementioned requirements.

2.3 What types of works are ineligible for copyright protection in your jurisdiction?

Section 3 of the Copyright Act 2022 excludes the following categories of works from copyright protection:

ideas, procedures, processes, formats, systems, methods of operation, concepts, principles, discoveries or mere data;
official texts of a legislative or administrative nature, including official translations thereof, except for their compilations; and
official state symbols and insignia, such as flags, coats of arms, anthems and banknote designs.

Copyright in Nigeria protects only the specific expression of ideas fixed in a tangible form, not the ideas themselves. Thus, any work that is not fixed in a material form or medium cannot be protected by copyright.

Additionally, industrial designs or works primarily intended for industrial use are typically excluded from copyright protection under this jurisdiction.

3 Scope of protection

3.1 What legal rights are conferred by copyright in your jurisdiction?

The Copyright Act 2022 confers both economic rights and moral rights. These rights are granted to authors or rights holders of eligible works and are enforceable under Nigerian law.

Economic rights: Sections 9 to 13 of the act enable authors or rights holders to control the commercial exploitation of their works and to derive financial benefits. These rights include the following:

Right of reproduction: The right to reproduce the work in any material form, including digital and electronic formats.
Right of publication: The right to make the work available to the public for the first time.
Right of performance: The right to perform the work publicly – for example, through stage plays or concerts.
Right of distribution: The right to distribute copies of the work to the public by sale, rental or other means.
Right of broadcasting and communication to the public: The right to transmit the work via radio, television or digital platforms.
Right of adaptation: The right to transform the work, such as adapting a novel into a screenplay or translating it into another language.
Right to authorise use by others: The right to license or assign any of these rights to third parties.

Moral rights: Section 14 of the act provides the following safeguards for personal and reputational interests of authors:

Right to claim authorship: The right to be identified as the author of the work.
Right to object to distortion or modification: The right to object to, and seek redress for, any distortion, mutilation or other modification of the work that would be prejudicial to the author's honour or reputation.
Right to object to false attribution: The right to object if the work is falsely attributed to another person.

3.2 Are there special rules that limit the scope of protection for works that are useful/utilitarian/functional in your jurisdiction?

Yes. While there are no separate regulatory regimes specifically limiting protection for utilitarian or functional works, the Copyright Act 2022 expressly limits copyright protection to the expression of ideas – not the underlying ideas, procedures, methods or functional elements themselves.

This limitation reflects a core principle of copyright law: copyright protects original creative expression, not utility or functionality. The scope of protection is thereby constrained in the following ways:

Exclusion of functional concepts (Section 3): Under Section 3 of the act, copyright does not extend to:
- ideas;
- procedures;
- methods of operation;
- systems;
- concepts;
- principles; or
- discoveries.
These elements may be protected under patent or design law, but not copyright. For instance, the design of a new mechanical process or a user interface layout for its functionality would fall outside copyright protection.
Functional artistic works (Section 2(1)(c)): While artistic works (eg, drawings, sculptures, diagrams) are protected, such protection does not extend to the utilitarian function of the object represented. For example, a technical drawing of a chair may enjoy copyright as a graphic work. However, the chair itself, if manufactured for functional use, is not protected beyond any original decorative or non-functional features. Copyright does not apply where the artistic element is dictated solely by function.
Architectural and industrial works: Architectural works are protected as artistic works; however, functional or structural elements (eg, engineering systems, construction techniques, plumbing layouts or heating, ventilation and air conditioning schematics) are excluded.

Nigerian copyright law draws a clear distinction between expression and function, aligning with international standards such as the Agreement on Trade-Related Aspects of Intellectual Property Rights.

3.3 Are neighbouring rights protected in your jurisdiction? If so, please outline the applicable regime.

Yes, neighbouring rights are protected in Nigeria. Although the Copyright Act does not define 'neighbouring rights' explicitly, it recognises and protects two key categories:

performers' rights; and
expressions of folklore.

Under Section 63, performers are granted exclusive economic and moral rights in their performances, similar to the rights enjoyed by copyright owners. Additionally, Section 74(1) protects expressions of folklore (traditional cultural expressions) from unauthorised commercial use, with these rights vested in the Nigerian Copyright Commission.

3.4 Are moral rights protected in your jurisdiction? If so, please outline the applicable regime.

Section 14 of the Copyright Act provides the following safeguards for personal and reputational interests of authors:

Right to claim authorship: The right to be identified as the author of the work.
Right to object to distortion or modification: The right to object to, and seek redress for, any distortion, mutilation or other modification of the work that would be prejudicial to the author's honour or reputation.
Right to object to false attribution: The right to object if the work is falsely attributed to another person.

These rights can be transferred upon the author's death, either by will or by law. According to Section 14(4) of the act, the duration of these rights is the same as the duration of the copyright in the work.

3.5 Are any blanket exceptions to copyright infringement (eg, fair use/dealing) or specific exceptions to copyright infringement (eg, backup copies, interoperability, right of repair) available in your jurisdiction? If so, under what conditions do they apply?

Yes, Nigeria provides both blanket and specific exceptions to copyright infringement under its Copyright Act.

Section 20(1) of the Copyright Act provides for fair dealing, which serves as a general or 'blanket' exception to copyright infringement. Fair dealing permits the use of copyrighted works without the rights holder's authorisation for purposes such as:

private use;
parody, satire, pastiche or caricature;
non-commercial research and private study;
criticism, review or reporting of current events (with acknowledgement where practicable);
quotations in the form of short excerpts;
non-commercial public reading/recitation;
inclusion of artistic works in broadcasts when publicly visible; and
use by government/public institutions for public interest (non-commercial and not market-affecting).

In determining fair dealing, the law requires consideration of:

the purpose and character of its usage;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use on the potential market or value of the copyrighted work.

The Copyright Act also recognises various specific exceptions, including the following:

Section 21:
- provides for certain exemptions to copyright infringement in relation to acts for the purposes of instruction or examination; and
- stipulates that copyright in a work is not infringed by anything done for the purposes of setting or answering examination questions.
Section 22 provides that, in the absence of a licensing scheme, the recording of a broadcast or cable programme or a copy of such a recording by or on behalf of an educational establishment for educational purposes of that establishment shall not infringe the copyright in the broadcast or cable programme or in any work included in it.
Section 23 governs the use of copyrighted works for educational purposes, also extending to the reprographic copying (amounting to not more than 5% within a period of three months) of literary or musical works on behalf of educational institutions.
Section 25 makes special provision for archives, libraries, museums and galleries, allowing these institutions to make copies of protected works and lend same to their users for non-commercial purposes.
Section 26 makes special provision for the creation and distribution of accessible format copies for blind, visually impaired or otherwise print-disabled persons.

3.6 How are derivative works protected in your jurisdiction? Who is the owner of a derivative work?

In Nigeria, derivative works are protected under the Copyright Act 2022, provided that they:

incorporate sufficient originality; and
do not infringe the rights of the original copyright owner.

Derivative works include adaptations, translations, arrangements and other transformations of existing works.

The right to create or authorise a derivative work is exclusively vested in the original copyright owner. Without such authorisation, any derivative work is considered infringing, regardless of the new contributions made.

Where a derivative work is lawfully created with the consent of the original copyright owner, the author of the derivative work holds copyright only in the new, original elements that they contribute. However, their rights remain subject to the underlying copyright in the original work.

In cases of collaborative creation where individual contributions cannot be separated, joint ownership may arise, unless otherwise agreed by contract.

3.7 Can copyrightable works also be protected by other IP rights (eg, trademarks and designs) in your jurisdiction?

Yes, in Nigeria, copyrightable works can also be protected by other intellectual property such as trademarks and designs.

These rights can overlap to protect different aspects of the same work – for example, a movie's content is protected by copyright, while its title can be trademarked, allowing creators broader protection against unauthorised use.

4 Duration, publication and renewal

4.1 When does copyright protection in a work begin and end in your jurisdiction? Are there any proactive maintenance or other requirements to benefit from a full term of protection?

In Nigeria, copyright protection begins from the moment a work is created and expressed in a fixed, tangible medium. Unlike patents or industrial designs, copyright does not require formal registration to be protected under the law – it automatically takes effect upon creation.

The duration of copyright protection varies by type of work:

For literary, musical and artistic works (excluding photographs), copyright lasts for the author's lifetime plus 70 years after their death.
For films, sound recordings and broadcasts, protection lasts for 50 years from the date of first publication or broadcast.

After the copyright expires, the work enters the public domain and can be freely used by anyone.

There are no proactive maintenance or formal registration requirements to benefit from the full term of copyright protection. However, while registration is not mandatory, it can be useful in proving ownership in cases of infringement. Other proactive steps –albeit optional – to protect a work include:

using a watermark or copyright notice; and
registering with the national copyright office.

4.2 What is required for a work to be published in your jurisdiction?

A work is considered published when it is made accessible to the public in a way that allows people to access it at their own convenience, whether through physical copies or digital means such as online platforms. If only part of a work is released, that part is treated as a separate work for legal purposes. Also, if a work is published in multiple countries within 30 days, it is still considered a single first publication (Section 108(2) of the Copyright Act 2022).

4.3 Can copyright protection be renewed or extended in your jurisdiction? If so, how?

No, copyright protection cannot be renewed or extended. The Copyright Act clearly specifies the duration of protection and there are no provisions on extending copyright protection once that period expires. Upon expiration of the stated term, the work enters the public domain and can be used freely without the need for authorisation.

5 Ownership

5.1 Who can qualify as the owner of a copyrighted work in your jurisdiction? Are there any provisions that deem an owner to be a person other than the author?

Under Section 28 of the Copyright Act 2022, the general rule is that the author of a work is the first owner of the copyright in that work. However, the act recognises specific exceptions where ownership may vest in someone other than the author:

Works created in the course of employment or service: Where a work is made in the course of employment or under a contract of service or apprenticeship, the employer is deemed the first owner of the copyright, unless there is a written agreement to the contrary.
Government works: Copyright in a work created under the direction or control of the government, a government ministry or a public corporation or similar body vests in the government or that body, not the individual author, unless agreed otherwise.
Commissioned works: In the case of works specially commissioned, such as photographs, portraits or audiovisual productions, ownership may vest in the commissioning party, subject to the terms of the agreement between the parties. Where no specific agreement exists, copyright remains with the creator.

In all these cases, contractual terms can override the default statutory position, allowing the parties to determine ownership by agreement. Thus, while authorship is the starting point for copyright ownership, the law allows for ownership to be transferred or deemed to reside in another party, depending on the context of creation and contractual arrangements.

5.2 Is corporate, joint or collective ownership of copyrighted works recognised in your jurisdiction? If so, in what circumstances?

Yes, the Copyright Act recognises corporate, joint and collective ownership of works under various circumstances:

Corporate ownership: Under Section 28(2) of the Copyright Act 2022, where a work is created in the course of employment or under a contract of service or apprenticeship, copyright vests in the employer or organisation, unless a written agreement provides otherwise. This allows companies and institutions to own copyrights in works created by their employees during the course of employment.
Joint ownership: This is recognised where:
- two or more authors contribute to a work with inseparable or interdependent contributions; and
- there is no contrary agreement as to ownership.
In such cases, joint ownership arises and the authors are co-owners of the copyright, sharing rights and obligations equally or as otherwise agreed.
Collective ownership: Section 29 of the Copyright Act provides for collective works, which are works created at the initiative and under the direction of a person (natural or legal). In such cases, copyright in the collective work as a whole vests in the initiating person, while the individual contributors retain the right to exploit their contributions independently, provided that:
- those contributions can be separated from the whole; and
- no agreement states otherwise.

In sum, the act accommodates different ownership frameworks to reflect various creative and commercial arrangements.

5.3 Can ownership of a copyrighted work be transferred in your jurisdiction? If so, how? Are any copyrights, moral rights, neighbouring or related rights inalienable? If so, how can such rights be dealt with (eg, exclusive licence, waivers)?

Yes, ownership of a copyrighted work may be transferred either wholly or partially through assignment, licensing, testamentary disposition (will) or by operation of law, as provided under Section 30 of the Copyright Act 2022. The transfer may:

cover the entire copyright; or
be limited to specific rights, durations or territories.

Exclusive assignments must be in writing, while non-exclusive licences may be oral or implied by conduct.

Moral rights, however, are inalienable under Nigerian law. According to Section 14 of the Copyright Act, the author retains the right to:

claim authorship; and
object to any distortion or modification of the work that would be prejudicial to their honour or reputation.

These rights cannot be transferred during the author's lifetime but may pass on death by will or operation of law (Section 14(3)).

Neighbouring rights, particularly performers' rights, are transferable under Section 30, but performers also retain moral rights under Section 66(1), which are subject to similar protections as authors' moral rights.

In contrast, expressions of folklore are not transferable. The right to authorise their use, especially for commercial purposes or outside traditional contexts, vests solely in the Nigerian Copyright Commission. Individuals or communities cannot assign or license such rights directly.

5.4 Where a work is created by an employee, what are the rules regarding ownership? What measures can an employer take to secure its rights to intellectual property created under an employment relationship?

Section 28 of the Copyright Act 2022 provides that copyright in a work created by an employee generally vests in the author, unless otherwise agreed. However, where the work is created in the course of employment by a government or its agency, the copyright automatically vests in the employer.

In private employment, ownership remains with the employee unless a written agreement transfers it to the employer. To secure rights, employers typically include copyright assignment clauses in employment contracts.

Specific measures that can be taken by employers include the following:

Draft clear IP clauses in employment contracts.
Clearly state that all copyrightable works created during the course of employment shall belong to the employer.
Define 'course of employment' broadly.
Ensure that job descriptions and scope of duties explicitly include any expected creative or technical outputs.
Obtain written assignments or declarations.
Require employees to sign an assignment of rights for any works created during their employment, especially if not covered by the employment contract.
Address moral rights and waivers. Although moral rights are generally inalienable under Section 14(3)(a), employees can be contractually restricted from asserting them against the employer's lawful use of the work.
Use invention disclosure agreements requiring employees to disclose any inventions or creative works relevant to the company during their term of employment.

5.5 Where a work is created by a contractor, what are the rules regarding ownership? What measures can a hiring party take to secure its rights to intellectual property created under a contracting relationship?

Generally, when a work is created by a contractor (ie, an independent service provider), ownership vests in the author (Section 28(1) of the Copyright Act 2022). However, where a work is commissioned for personal or domestic use, the commissioner is:

deemed to have a non-exclusive licence to use it for non-commercial purposes; and
entitled to restrain public disclosure of the work (Section 28(3)).

A hiring party can secure rights to intellectual property created under a contracting relationship by obtaining a written agreement that assigns ownership of the copyright in the commissioned works, as required by Section 30(3). This agreement may also cover assignment, licensing and testamentary disposition of specific future works created by the contractor, in accordance with Section 30(10), provided that it does not transfer ownership of all future works outright.

6 Registration

6.1 Is there a copyright registration system in your jurisdiction? If so, is registration mandatory?

Yes. Nigeria operates a copyright registration system through the Nigerian Copyright Commission (NCC) via the Nigerian Copyright e-Registration System (NCeRS). This platform allows authors, rights holders and assignees to voluntarily record details of their works with the NCC. However, registration is not mandatory. Under Section 87(3) of the Copyright Act 2022, registration does not confer copyright. Copyright arises automatically once a work is original and fixed in a tangible medium, whether or not it is registered.

While not a legal requirement, registration can serve important evidentiary and administrative purposes in enforcement or licensing.

6.2 What are the advantages of registration?

While not mandatory, copyright registration in Nigeria offers several important benefits under Sections 43 and 87 of the Copyright Act 2022:

Evidentiary value: Under Section 87(4), the Register of Works serves as prima facie evidence of the facts recorded in it (eg, authorship, ownership and date of creation), which are admissible in court without further proof.
Legal presumptions: Under Section 43, registration gives rise to presumptions in infringement proceedings, including that:
- copyright subsists in the work;
- the named author or owner is correct;
- the work is original if the author is deceased; and
- the stated date and place of publication or production are accurate.
Public record and commercial clarity: Registration creates an official record of ownership, aiding:
- rights clearance;
- investment due diligence; and
- enforcement.

6.3 What legal presumptions, rights and entitlements are conferred by copyright registration?

Copyright arises automatically under Section 4 of the Copyright Act 2022 once a work meets the required criteria; registration is not a condition for its existence. However, registration under Section 87 offers key legal presumptions and evidentiary advantages in infringement proceedings. These include presumptions that:

copyright subsists in the work;
the named author is the actual author;
the work is original if the author is deceased; and
the date and place of publication or production stated on the work are accurate.

Additionally, entries in the Register of Works maintained by the NCC and certified extracts therefrom are admissible as evidence in court without the need for further proof.

In essence, while registration does not create copyright, it strengthens enforcement by:

easing the burden of proof; and
conferring statutory presumptions.

6.4 What are the formal, procedural and substantive requirements for registration?

Section 87 of the Copyright Act 2022 empowers the NCC to maintain a Register of Works, into which eligible works may be registered. Registration does not confer copyright, but it may serve as legal evidence in infringement proceedings.

To register a work, the applicant must submit the following to the NCC:

a completed registration form (available via the NCeRS);
two copies of the work in a suitable medium (eg, paper, CD, DVD);
proof of payment of the prescribed registration fee; and
if applicable, a signed letter of authority authorising an agent or lawyer to act on the author's behalf.

The required information on the form includes:

the title of the work;
the medium of fixation;
the year of creation and publication (if published);
the country of publication (if applicable);
bibliographic identifiers (eg, ISBN, ISSN);
full details of the author(s) (including date of birth, nationality and residence);
details of co-owners, if any;
whether the work is derived from a pre-existing work;
contact information for licensing/permission; and
if the applicant is not the original author, details of the acquired right (eg, licence or assignment, including scope, territory and duration).

In summary, registration is a voluntary process managed by the NCC. While it does not establish copyright, it supports enforcement by providing official evidence of ownership and authorship.

6.5 What fees does the governing body charge for registration? Do these vary depending on the type of work?

The NCC charges a standard registration fee of:

NGN 10,000 for works filed within Nigeria; and
$60 for registrations originating from outside the country.

The NCC also imposes the following charges for related services:

Certified true copy of certificate: NGN 5,000/$30.
Certified true copy of registration form: NGN 5,000/$30.
Correction or amendment of submitted data: NGN 5,000/$30.
Certified copy of the work (paper-based only):
- Up to 50 pages: NGN 5,000/$30.
- 51–100 pages: NGN 7,500/$40.
- 101–200 pages: NGN 10,000/$60.
- Above 200 pages: NGN 15,000/$90.

These fees do not vary based on the type or category of work being registered; the NCC applies a uniform fee structure across all copyrightable works.

6.6 Can copyright registration be refused? If so, on what grounds and what is the impact of refusal?

Yes. While copyright protection in Nigeria arises automatically once a work is original and fixed in a tangible medium (Section 4 of the Copyright Act 2022), the NCC may refuse registration under Section 87 if:

the work does not meet copyright eligibility criteria;
the applicant fails to follow prescribed procedures; or
false or misleading information is submitted.

Refusal does not affect the existence of copyright, as registration is not a condition for protection. However, refusal means the applicant loses key evidentiary advantages, such as the presumptions and official documentation that aid enforcement in infringement disputes.

6.7 If copyright registration is refused, can the applicant appeal? If so, how?

Yes. Under Section 90 of the Copyright Act 2022, an applicant may appeal to the Dispute Resolution Panel set up by the NCC.

The appeal process is as follows:

Notice of refusal: The NCC provides reasons for rejection.
Filing an appeal: The applicant may apply to the panel with:
- written grounds;
- relevant documents; and
- supporting evidence.
Hearing: The panel reviews the appeal and hears the applicant's case.
Decision: The panel may uphold, modify or overturn the refusal.

If dissatisfied, the applicant may seek a judicial review by filing an action at the Federal High Court.

6.8 Can the reviewing body's decision be appealed? If so, how?

Yes. Section 90(6) of the Copyright Act allows further appeal to a competent court.

The procedure is as follows:

A judicial review application is filed stating the grounds for challenge (eg, procedural error, legal mistake, bias, or unreasonable findings).
The court will assess the lawfulness and reasonableness of the Dispute Resolution Panel's decision.
The court may affirm, reverse or amend the panel's ruling.

An appeal does not automatically stay enforcement of the panel's decision unless the court orders otherwise.

7 Enforcement and remedies

7.1 What constitutes copyright infringement in your jurisdiction?

Under Section 36 of the Copyright Act 2022, copyright infringement occurs when a person, without the permission of the rights holder, performs any act exclusively reserved for the copyright owner. These acts include:

reproduction;
publication;
distribution;
public performance;
broadcasting;
adaptation; and
making derivative works.

Infringement may relate to all or a substantial part of a work, where 'substantial' refers to the quality and significance, not just quantity, of the copied portion. Unauthorised digital uses, such as uploading protected content online, also constitute infringement.

Infringement includes:

importing pirated copies for sale or hire;
possessing or using equipment for producing infringing copies; and
allowing premises for unauthorised public performance with knowledge of likely infringement.

Infringement may be civil or criminal, and penalties include:

injunctions;
damages;
seizure of infringing goods;
fines; or
imprisonment.

7.2 Is secondary liability for copyright infringement recognised in your jurisdiction? If so, how is it incurred? Are safe harbours afforded to intermediaries or others? If so, what are the requirements for such safe harbours to apply?

Secondary liability is recognised under Section 45 of the Copyright Act 2022. A person may be held liable if they:

aid, abet, procure or induce another to infringe;
provide material, financial or logistical support for infringing acts;
promote or distribute infringing content knowingly; or
act as joint tortfeasors in collective infringements.

Knowledge or constructive knowledge of the infringing conduct is key. Penalties mirror those for primary infringement.

Safe harbours exist under Part VII of the Copyright Act for intermediaries such as:

internet service providers (ISPs);
digital platforms; and
hosting providers.

To qualify, an intermediary must:

act passively as a neutral conduit or storage provider;
have no actual knowledge of infringement or act on notice quickly ('notice and takedown');
adopt and enforce a repeat infringer policy; and
not directly benefit from the infringing activity.

Failure to meet these requirements may result in loss of protection and liability for secondary infringement.

7.3 Is criminal enforcement of copyright law possible in your jurisdiction?

Yes. Criminal liability is provided under the Copyright Act 2022, especially for commercial-scale infringement or piracy. Criminal acts include:

producing or distributing infringing copies for commercial gain;
possessing equipment intended for piracy; and
unauthorised public performance or broadcasting.

Penalties may include:

fines of NGN 10,000 per infringing copy;
imprisonment for up to five years;
both fines and imprisonment; and
forfeiture of infringing items and equipment.

Criminal actions may be initiated by:

the Nigerian Copyright Commission (NCC);
law enforcement; or
private complainants.

The Federal High Court has exclusive jurisdiction over copyright enforcement matters.

7.4 What is the statute of limitations for copyright infringement?

The Copyright Act 2022 does not expressly set a statute of limitations for infringement claims. Instead:

the Limitation Act 1966 will apply for tort or criminal action; and
the limitations laws of the various states will apply for breach of contract claims.

The Limitations Act 1966 provides for six years for civil actions in tort (eg, copyright infringement). Many states limit contractual disputes to six years or shorter periods.

While copyright protection may last 70 years after the author's death, enforcement rights may be time barred if not pursued within these limitation periods. Failure to act within the limitation period may bar legal remedies, even though the underlying copyright remains valid.

In actions involving the NCC, Section 104(2) of the Copyright Act requires a pre-action notice outlining the dispute before litigation is filed.

7.5 Who has standing to bring copyright claims?

The following parties have standing to sue for infringement under the Copyright Act 2022:

Copyright owners: The original creators of protected works have primary standing. Copyright vests automatically upon creation and fixation in a tangible medium; registration is not required but recommended for evidentiary support.
Assignees: Persons or entities to whom copyright has been legally transferred. Assignments must be in writing and confer full or partial ownership, enabling the assignee to enforce rights independently.
Exclusive licensees: Persons or entities granted the sole right to exploit specific rights under a licensing agreement. They may sue for infringement relating to their licensed rights, though some agreements may require joinder of the copyright owner.
NCC: Empowered to enforce copyright law in the public interest. The NCC may investigate, prosecute and take enforcement actions (eg, raids, seizure, or injunctions) without owning the work.
Collective management organisations (CMOs): CMOs may bring an action with approval from the NCC.

This framework allows both private rights holders and the NCC to pursue legal or administrative remedies to protect creative works.

7.6 What is the procedure for pursuing claims for copyright infringement, including usual timeframes for resolution? Are there any streamlined administrative procedures for handling disputes?

Judicial procedures:

Claims are filed at the Federal High Court by:
- the copyright owner;
- an assignee; or
- an exclusive licensee.
CMOs must be approved by the NCC to sue on behalf of members (Section 88).
Joint proceedings may require leave of court if both owner and exclusive licensee hold concurrent rights.
Infringement of moral rights, performers' rights or unauthorised use of folklore is actionable as a breach of statutory duty.
Both civil and criminal actions may be pursued concurrently.

Evidence: Affidavits and witness statements on oath may prove facts such as:

ownership;
originality; and
authorship.

Works registered under Section 87 enjoy legal presumptions in favour of the claimant.

Administrative remedies:

The NCC may resolve copyright disputes via its Dispute Resolution Panel, particularly those involving royalties, licensing terms and other matters requiring NCC determination (Section 90).
Panel decisions may be reviewed by the Federal High Court upon application by an aggrieved party.
Alternative dispute resolution and arbitration are permitted where agreed by parties.

Limitations and timeframes:

The Copyright Act does not set a specific statute of limitations; general tort claims (eg, for infringement) follow the Limitation Act's six-year rule and state limitation laws for contractual disputes.
Section 104 imposes a three-month notice and 12-month filing period for claims against the NCC.
Time-sensitive procedures include the following:
- Seven days: Response window for copyright owners after a counter-notice in takedown processes.
- Ten–20 working days: Timeline for Customs to detain goods following an infringement notice.
- Expedited timelines: Apply to court orders for service providers to disclose infringers' identities.

7.7 What fees and costs are usually incurred in infringement actions?

Infringement litigation in Nigeria may involve the following costs:

Court fees: Payable for filing suits, motions and service of court processes; amounts vary based on claim size.
Legal fees: Cover advisory, drafting and representation costs, which vary by lawyer and case complexity.
Administrative costs: Include costs relating to:
- certified documents;
- expert reports;
- witness fees; and
- logistics (eg, travel, courier).
NCC-related costs: May arise if enforcement involves NCC oversight or administrative proceedings.

If successful, the claimant may recover:

statutory damages at the court's discretion;
actual damages, based on proven financial loss (eg, lost sales, market dilution);
account of profits, requiring the infringer to pay gains made from the infringement; and
punitive damages, awarded in egregious cases.

These remedies:

help to balance enforcement costs; and
serve to deter infringers while protecting rights holders' interests.

7.8 What typical defences are available to a defendant in copyright litigation?

In Nigerian copyright litigation, defendants may rely on several statutory and procedural defences under the Copyright Act 2022:

No copyright subsistence or eligibility: The defendant may argue that the work does not meet the statutory requirements for copyright protection (eg, lacking originality or fixation or falling outside eligible categories).
No infringement occurred: The defendant may assert that:
- its conduct did not involve any exclusive rights of the copyright owner (eg, reproduction, adaptation, distribution); or
- only a non-substantial part of the work was used.
Statutory exceptions and limitations:
- Fair dealing: Use for:
- - criticism;
  - review;
  - reporting of current events;
  - parody;
  - satire;
  - private study; or
  - non-commercial research.
- Educational and institutional use: Includes copying for instruction or use by public libraries, archives or museums for preservation or access.
- Use for persons with disabilities: Allows adaptive formats for non-commercial benefit.
- Judicial or legislative proceedings: Permitted use for such purposes.
- Temporary/incidental copies: Necessary copies made as part of lawful digital processes.
- Use of expressions of folklore: Limited permitted uses for education or cultural development with proper attribution.
Lack of knowledge: A partial defence – if the defendant shows that it did not know and had no reason to suspect that copyright subsisted, damages may be denied, though account of profits may still be ordered.
Authorisation or licence: The act was done with permission, whether:
- under an assignment or licence (exclusive or non-exclusive); or
- with implied consent.
Procedural defects:
- Plaintiff's lack of standing (eg, unapproved CMO); or
- Failure to join necessary parties (eg, where both copyright owner and exclusive licensee exist).
Online intermediary safe harbours:
- No actual knowledge of infringement.
- Prompt takedown upon notice.
- No direct financial benefit from infringing activity.
- Existence of a policy to suspend repeat infringers.
- Passive and neutral role as a service provider.
Exceptions for technological protection measures (TPMs) and rights management information (RMI) breaches:
- The circumvention was for lawful purposes (eg, interoperability of software, law enforcement).
- RMI changes were incidental to non-infringing use.
Transitional defences: Acts committed before the Copyright Act 2022 came into force may be judged under the previous law where more favourable.

7.9 What civil and criminal remedies are available against copyright infringement in your jurisdiction? Are customs enforcement measures available to halt the import or export of infringing works?

Civil and criminal remedies: Under Section 37 of the Copyright Act 2022, copyright infringement is actionable by the copyright owner, an assignee or an exclusive licensee at the Federal High Court where the infringement occurred.

Civil remedies include the following:

Damages: General, specific, or exemplary compensation for loss suffered.
Injunctions: Interlocutory or perpetual orders to restrain ongoing or future infringement.
Account of profits: The infringer may be ordered to pay profits made from the infringement.
Delivery up and destruction: The court may order infringing copies and contrivances to be seized and destroyed.
Inspection and seizure orders: Where infringement is suspected, the court may authorise entry into premises to seize infringing materials.

Criminal liability (Sections 44–47) arises where a person:

makes, sells, imports or distributes infringing copies for commercial purposes; or
uses contrivances for unlawful reproduction.

Penalties include:

a fine of at least NGN 10,000 per infringing copy;
imprisonment for up to five years; or
both.

Civil and criminal actions may be pursued concurrently.

Customs enforcement measures: These are available under Section 53 of the Copyright Act 2022.

A copyright owner may notify the director-general of the NCC to request that infringing works be treated as prohibited goods for up to five years (not exceeding the duration of copyright).

Upon notice or suspicion, the NCC must inform the Nigerian Customs Service, which is then required to:

intercept and impound such goods; and
notify both:
- the importer; and
- the rights holder.

Impounded goods may be inspected by the NCC and held for up to 10 working days (extendable by another 10 days), pending the initiation of legal proceedings.

This measure applies to both domestic and foreign works that would be infringing if made in Nigeria. Private or domestic importation is excluded.

7.10 Are damages available for copyright infringement? Are statutory damages available, and if so, in what ranges? What factors will the court consider in determining the quantum of damages?

Yes, damages are available for copyright infringement in Nigeria. The Copyright Act 2022 entitles a plaintiff to remedies such as:

damages;
injunctions; and
accounts of profits.

These also apply to:

breaches of statutory duties relating to:
- moral rights of authors;
- performers' rights;
- the use of folklore; and
circumvention of TPMs or tampering with RMI.

However, where the defendant proves that it did not know or had no reason to know that copyright subsisted in the work, damages may be denied, though the court may still grant an account of profits.

Statutory damages: The Copyright Act does not prescribe fixed statutory damages for civil claims. While fines are set for criminal offences, civil damages are assessed on a case-by-case basis. However, courts may award additional damages beyond actual loss if deemed necessary to provide effective relief.

Factors considered in awarding damages under Section 90: These include:

the flagrancy of the infringement; and
any benefit accruing to the infringer as a result of the infringement.

These factors guide the court in awarding compensatory and deterrent remedies where appropriate.

7.11 What is the procedure for appealing a decision in copyright litigation?

In Nigeria, decisions of the Federal High Court in copyright litigation can be appealed to the Court of Appeal, if necessary. The standard appellate procedure includes the following steps:

Filing a notice of appeal: This must be done within the prescribed time limit. Where leave is required (eg, for interlocutory appeals or out-of-time appeals), it must be sought when filing.
Respondent's notice of address: The respondent must file a notice indicating its address for service.
Compilation and settlement of records: The appellant must:
- compile the record of proceedings from the lower court; and
- have it settled (approved) by both parties or the court.
Transmission of the record: The settled record is then transmitted to the appellate court.
Filing of briefs: Both parties must file their written arguments – the appellant's brief first, followed by the respondent's brief and, optionally, a reply brief.
Hearing of the appeal: This is primarily done by adoption of the briefs. Oral argument may be permitted at the court's discretion.

Once the Court of Appeal has delivered its judgment, any dissatisfied party may seek a further appeal to the Supreme Court, subject to the relevant constitutional and procedural requirements.

7.12 Do any special enforcement regimes apply to specific types of works (eg, digital and online content) in your jurisdiction?

Yes. The Copyright Act 2022 introduces special enforcement regimes for digital and online content, especially in relation to the following:

TPMs: The act prohibits:
- the circumvention of TPMs that restrict access to copyrighted works; and
- the production, import or distribution of devices that are primarily intended to bypass these protections.
RMI: It is an offence to knowingly remove, alter or falsify RMI (eg, author/ownership info, usage terms) with the intent to facilitate infringement. Disseminating works with tampered RMI is likewise prohibited.
Online content enforcement: The act provides a framework for handling infringement via digital platforms, including the following:
- Notice-and-takedown procedures: Copyright owners can demand removal of infringing content; ISPs must act promptly.
- Repeat infringer policy: ISPs must suspend the accounts of habitual infringers.
- Safe harbour for ISPs: Liability is limited for neutral, passive providers that:
- - respond quickly to notices; and
  - designate agents for complaints.
- Disclosure orders: Courts can compel ISPs to identify alleged infringers.
- Blocking orders: The NCC may block access to infringing websites or content.

These enforcement tools are particularly relevant for literary, musical, artistic, audiovisual and sound works in digital formats which fall under the act's scope. The goal is to deter online piracy while protecting legitimate digital content distribution.

7.13 What measures can copyright owners take to help prevent infringement of their rights in your jurisdiction?

Use TPMs: TPMs are tools (eg, encryption or access controls) embedded in works to prevent unauthorised access or copying. Circumventing TPMs or trafficking in circumvention tools is prohibited under the Copyright Act.
Embed RMI: RMI includes details such as:
- the author's name;
- ownership of the work; and
- terms of use.
The act criminalises the unauthorised removal, alteration or falsification of RMI, helping owners to assert and enforce their rights.
Issue takedown notices: Owners can send written notices to online service providers requesting the removal or disabling of infringing content. Notices must include:
- sufficient details of the infringed and infringing work; and
- a declaration of good faith.
Seek disclosure of infringers: Copyright owners may apply to court for an order compelling service providers to identify suspected online infringers.
Request customs enforcement: Owners can notify the NCC to treat infringing copies as prohibited imports or exports. The NCC will coordinate with Customs to intercept and detain such goods for up to 10–20 working days pending action.
Register works with the NCC: While registration is not required for protection, it serves as prima facie evidence of ownership and strengthens enforcement, especially in court.
Join or form a CMO: CMOs help to license works, monitor usage and collect royalties on behalf of creators. The approval of the NCC is required to operate a CMO.

These measures combine legal, administrative and technological strategies to help copyright owners proactively protect their rights and deter infringement.

8 Licensing

8.1 What types of copyright licences are available in your jurisdiction?

Under the Copyright Act 2022, two primary types of copyright licences are recognised in Nigeria:

Exclusive licences: These grant the licensee sole rights to use the work in specified ways, to the exclusion of even the copyright owner.
Non-exclusive licences: These allow the licensee to use the work, but the copyright owner may grant similar rights to others.

Additionally, the act provides for compulsory licences under Section 31, which permit the use of works without the copyright owner's consent in certain circumstances, subject to statutory conditions.

8.2 What terms do licences typically include (both express and/or implied licences)?

The terms of a copyright licence depend on whether it is exclusive or non-exclusive:

Exclusive licence: An exclusive licence must:
- be in writing; and
- be signed by or on behalf of the copyright owner.
It grants the licensee the sole right to perform one or more acts within the scope of copyright to the exclusion of all others, including the copyright owner. If not in writing, the licence is legally ineffective.
Non-exclusive licence: A non-exclusive licence does not require a written agreement. It may be granted orally or implied through:
- the conduct of the copyright owner, such as permitting use of the work without objection; or
- established industry practice.

Typical terms (whether express or implied) may cover:

the scope of rights granted (eg, reproduction, distribution, public performance);
the duration of the licence;
the territory covered;
the payment terms (royalties or lump sum);
restrictions on sublicensing or assignment; and
termination conditions.

8.3 Does your jurisdiction have collective management regimes for copyrights or other subject matter? If so, how does collective administration generally operate and who are the key players?

Yes, Nigeria operates a collective management regime for copyright through collective management organisations (CMOs), as provided under the Copyright Act 2022.

A CMO is an organisation established to:

represent a substantial number of copyright owners; and
carry out key functions such as:
- negotiating and granting licences;
- collecting royalties; and
- distributing proceeds to rights holders.

To legally operate in Nigeria, a CMO must be registered and approved by the Nigerian Copyright Commission (NCC) in accordance with Section 88 of the act.

CMOs primarily manage the rights of their registered members but may also license non-member works under specific conditions set out in the act (see Section 88(9)). They function as intermediaries between copyright owners and users, ensuring that creators receive remuneration for the use of their works, particularly in contexts where individual licensing would be impractical.

Key CMOs in Nigeria include the following:

Musical Copyright Society Nigeria: For musical works; notably, this is the only CMO approved to license, monitor and distribute royalties for musical works and sound recordings in Nigeria.
Copyright Society of Nigeria: Also for musical works.
Reproduction Rights Society of Nigeria: For literary works.
Audiovisual Rights Society of Nigeria: For cinematographic and audiovisual works.

These CMOs are subject to regulation and oversight by the NCC, which ensures compliance with:

fair licensing;
transparency; and
proper distribution of royalties.

8.4 Are compulsory licences recognised in your jurisdiction, including with respect to digital/online intermediaries? If so, what types are available and what are their key features?

Yes, Nigeria recognises compulsory licences under the Copyright Act 2022, particularly in Sections 31, 32 and 35. These are non-exclusive licences granted by the NCC upon application by a qualified person, subject to the payment of royalties and other prescribed fees.

The following types of compulsory licences are available:

Translation licence (Section 31): Allows translation of literary works into Nigerian languages for teaching, research or scholarship.
- May only be granted one year after first publication.
- Granted only if no authorised translation is available.
- Export is restricted except for official or educational purposes.
- Royalties are paid at a rate fixed by the NCC.
Reproduction licence (Section 32): Permits reproduction and publication of works for educational or instructional use.
- Granted when copies are unavailable or unaffordable in Nigeria for six months.
- Applicant must show refusal or inability to obtain permission from the copyright owner.
- Author and edition must be clearly credited on all copies.
Public interest licence (Section 35): Granted to address abuse of market dominance or promote public interest.
- Applies to any category of work.
- Applicant must show good cause and failed efforts to obtain a voluntary licence on reasonable terms.

These licences apply broadly, including to digital and online use, provided that the statutory conditions are satisfied.

8.5 Is there a formal system for establishing collective management tariffs? If so, please describe the framework for negotiating and establishing tariffs.

Yes, the Copyright Act establishes a formal system for setting collective management tariffs in Nigeria. This process involves both CMOs and the NCC.

CMOs are responsible for proposing tariffs for the use of the works that they represent, such as for:

broadcasting;
public performance; or
reproduction.

However, these proposed tariffs do not take effect automatically. Under Sections 88(6)(a) and (b) of the act, all tariffs proposed by CMOs must be submitted to the NCC for review and approval.

The NCC evaluates the reasonableness of the proposed tariffs to ensure that they are:

fair;
non-discriminatory; and
consistent with market standards.

Only after the NCC has approved the tariff can it be legally enforced. This framework:

ensures regulatory oversight; and
protects the interests of both rights holders and users of copyrighted works.

8.6 Can or must copyright licences be officially recorded in your jurisdiction?

Although the law requires that exclusive licences be in writing, the Copyright Act does not mandate official recordation of either exclusive or non-exclusive licences for them to be legally valid or effective. However, licences may be recorded with the NCC for evidentiary and public notice purposes, especially in the case of exclusive rights.

8.7 Are there any specific requirements for the validity of a copyright licence in your jurisdiction? Are there any special provisions governing sub-licensing?

To be valid, exclusive licences must be in writing and signed by or on behalf of the copyright owner (Section 108 of the Copyright Act). Non-exclusive licences:

may be granted in writing, orally or implied through the conduct of the copyright owner; and
do not require formal documentation.

The Copyright Act does not expressly regulate sub-licensing, so the ability to sub-license depends on the terms of the original licence agreement.

Additionally, under Section 109, CMOs approved by the NCC may issue licences (typically non-exclusive) on behalf of multiple rights holders. Licences do not transfer ownership of the copyright itself, distinguishing them from assignments, which must also be in writing to be valid.

9 Protection of foreign copyright

9.1 Are foreign copyrighted works protected in your jurisdiction? If so, how and under what conditions (eg, rule of the shorter term)?

Yes, foreign copyrighted works are protected in Nigeria under the Copyright Act 2022, subject to certain conditions relating to:

the author's nationality;
the place of publication; or
Nigeria's international treaty obligations.

Protection applies in the following circumstances:

Nationality or residence: The author is:
- a Nigerian citizen or a foreign author habitually resident in Nigeria; or
- a corporate body incorporated under Nigerian law (Section 5).
Country of origin: Protection is granted to:
- works first published in Nigeria (Section 6(a));
- sound recordings made in Nigeria (Section 6(b)); and
- broadcasts transmitted from Nigeria or by a broadcaster headquartered in Nigeria (Section 6©).
International treaties: Works from other countries are protected if:
- the author is a national or habitual resident, or the corporate author is incorporated in a country that is a party to a treaty to which Nigeria is also a party; or
- the work was first published in such a treaty country (Section 17).
A certificate from the Nigerian Copyright Commission (NCC) is conclusive proof of treaty status (Section 17(2)).

There is no rule of the shorter term under the act. Once a foreign work qualifies under these conditions, it enjoys the full term of protection as prescribed by Nigerian law.

9.2 What key concerns and considerations should be borne in mind by foreign copyright holders in seeking to protect their works in your jurisdiction?

Foreign copyright owners should consider the following key issues under the Copyright Act 2022:

Treaty connection is essential: Protection is primarily granted where:
- the author is a national, resident or corporate entity of a country that is a party to a treaty to which Nigeria is also a signatory; or
- the work was first published in such a country.
The NCC may issue a conclusive certificate of treaty status (Section 17).
Work must be eligible and original: Only qualifying works – that is, literary, musical, artistic and audiovisual works, sound recordings and broadcasts – are protected. The work must be original and fixed in a tangible medium. Abstract ideas, procedures and official documents are excluded (Section 2).
No formalities required for protection: Copyright arises automatically once the eligibility criteria are met. There is no requirement to register or deposit the work for protection to exist (Sections 3–4).
Registration is optional but valuable: While not mandatory, registering a work with the NCC can provide evidentiary advantages. In infringement proceedings, registration creates presumptions of subsistence, authorship and date/place of publication, easing the burden of proof (Section 87).
Duration is governed by Nigerian law: The term of protection is set by statute, typically:
- 70 years post mortem for most works; and
- 50 years for audiovisual works, photographs, broadcasts and sound recordings (Section 19).
Robust enforcement options exist: Foreign rights holders can pursue civil and criminal remedies, including:
- damages;
- injunctions;
- accounts of profits;
- inspections;
- seizure of infringing items;
- customs action against imports; and
- online takedown notices to service providers (Sections 37, 47 and 53).
Moral rights are recognised: Authors retain the right to:
- be identified as the creator; and
- object to derogatory treatment of their work.
These moral rights persist throughout the copyright term and are transferable only upon death (Sections 14–15).

10 Trends and predictions

10.1 How would you describe the current copyright landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

Nigeria's copyright landscape is undergoing transformative change, marked by:

legal reform;
digital adaptation; and
intensified enforcement.

The Copyright Act 2022 (in force since March 2023 and replacing the 1988 act) forms the bedrock of this evolving framework.

Current landscape:

Modern legal framework: The 2022 act modernises Nigeria's copyright regime to reflect digital realities. Key features include:
- digital protection for audiovisual, online and interactive content;
- technological protection measures and anti-circumvention provisions;
- a notice-and-takedown system for online infringement; and
- broader exceptions for education, libraries and persons with disabilities, in line with global treaties.
Collective management reform: The 2025 Collective Management Regulations now require collective management organisations (CMOs) to meet higher standards of accountability and transparency in royalty collection and distribution. The Nigerian Copyright Commission (NCC) is playing a more active regulatory role.
Heightened anti-piracy enforcement: The NCC has escalated enforcement, with raids on piracy hubs and schools. Recent seizures include over NGN 20 million worth of pirated books. Penalties now include:
- up to NGN 1 million per infringement; and
- criminal sanctions for large-scale piracy.
Balance between access and protection: The act introduces safeguards to protect folklore and indigenous works, while expanding public access through:
- library digitisation;
- educational use; and
- preservation.

Prevailing trends:

Digital growth and piracy risks: Nigeria's expanding digital sectors, Nollywood, Afrobeats and streaming are driving copyright relevance. However, piracy remains a concern, with estimated annual losses exceeding NGN 918 billion in 2019, according to the NCC.
AI and emerging technologies: While not yet regulated, AI-driven content creation and automated distribution may trigger future reform.
Continental and global alignment: Nigeria's copyright framework is increasingly harmonised with:
- the African Continental Free Trade Area's IP Protocol; and
- World Intellectual Property Organization (WIPO) standards.
Increased use of exceptions: Libraries, educators and accessible content providers benefit from expanded user rights.

Anticipated developments (next 12 months):

Full implementation of CMO regulations: The rollout will enhance:
- dispute resolution;
- transparency in royalty sharing; and
- licensing accountability.
AI policy exploration: Anticipated stakeholder engagement and expert consultations may lay the groundwork for addressing AI-generated works.
Intensified digital enforcement: The NCC will focus on online takedowns, especially on streaming and social platforms, with stricter penalties for repeat offenders.
Cross-border anti-piracy collaboration: New partnerships with international bodies are expected to tackle transnational infringement, especially in the book and music sectors.
Public awareness campaigns: The NCC plans to scale outreach to creators and small and medium-sized enterprises on digital rights, licensing and enforcement tools.

10.2 Have there been any recent legislative amendments or decisions involving copyright and generative AI, data or databases? If so, please summarise the current state of the law.

No, there have been no legislative amendments or court decisions in Nigeria specifically addressing:

generative AI;
machine learning;
training datasets; or
the copyright implications of AI-generated content.

However, under the Copyright Act 2022, protection is limited to works that are original and created by a human author. As such:

AI-generated works without human input are not currently recognised as eligible for copyright protection;
databases may be protected as literary works under Section 108, but protection applies only to the selection or arrangement of data where there is creative effort; the individual data points themselves are not copyrightable; and
there is also no statutory framework regulating the use of copyrighted material as training data for AI models.

Given Nigeria's alignment with global copyright norms and WIPO principles, legislative discussions may eventually arise to address AI and copyright, but no formal process has begun.

10.3 Have there been any recent developments involving intermediary safe harbour and liability in your jurisdiction?

There have been no new legislative amendments or court decisions in the past year that modify the safe harbour regime under Nigerian law. However, the Copyright Act 2022 introduced a robust safe harbour framework (Part VII), which:

shields service providers (eg, internet service providers, content hosts) from monetary liability if they act as passive, neutral conduits;
requires them to comply with a notice-and-takedown process;
mandates action against repeat infringers; and
limits protection where the service provider has actual or constructive knowledge of infringement and fails to act.

This framework remains in effect, but enforcement and awareness are still evolving.

11 Tips and traps

11.1 What are your top tips for protecting copyrighted works in your jurisdiction and what potential sticking points would you highlight?

Protecting copyrighted works in Nigeria requires a mix of strategic, legal and practical steps.

Top tips for protection:

Document creation and ownership: Keep detailed records of when and how the work was created. Save drafts, dated files and communications. This documentation helps to establish authorship and originality – essential in the event of an infringement or ownership dispute.
Register with the Nigerian Copyright Commission (NCC): Although registration is not mandatory for copyright to subsist, it offers important evidentiary benefits. A registered work benefits from legal presumptions in court (eg, subsistence of copyright, authorship, originality) under Section 87 of the Copyright Act 2022.
Use written agreements: Before sharing your work – whether with collaborators, contractors or third parties – ensure that they sign written agreements. These agreements should include non-disclosure, non-circumvention and IP ownership clauses, especially where the recipient might later:
- claim joint authorship; or
- commercialise your work.
Be cautious about online sharing: Avoid sharing complete versions of your work online or on platforms without clear licensing terms or protective tools. Where possible:
- watermark works;
- disable downloads; and
- use platforms that respect takedown notices and IP protection.
Join a collective management organisation (CMO): For creators of musical, literary or audiovisual works, joining a licensed CMO may help with licensing, royalty collection and enforcement, especially for public or commercial use of your work.
Leverage technological protection measures (TPMs) and rights management information (RMI): Embed access restrictions or digital rights information into your work where applicable. The Copyright Act provides protection against the removal or circumvention of these tools.

Potential sticking points:

Lack of awareness and informality: Many creators rely on verbal agreements or fail to document terms, making enforcement difficult when disputes arise.
Enforcement challenges: Despite strong statutory protections, practical enforcement (especially in online spaces or against anonymous infringers) can be slow, costly or inconsistent. The Federal High Court's jurisdiction extends to other matters and court dockets are overloaded with countless cases, leading to long adjournments between court proceedings.
Inadequate contracts with collaborators: Joint authorship, production or publishing arrangements often lack clarity on ownership, resulting in later conflicts.
Cross-border infringement: Where works are infringed abroad or by foreign platforms, jurisdictional and enforcement limitations can hinder redress.
Piracy and mass reproduction: Books, music and films are especially vulnerable to commercial piracy. Creators should engage the NCC early where mass copying or importation is suspected.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Copyright Comparative Guide

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