ENFORCEMENT OF NEIGHBOURING RIGHTS UNDER THE NIGERIA COPYRIGHT ACT 2022
), EDEMA ORITSEGBEMI(2),
(1) Associate Professor of Law, Department of Public Law, Faculty of Law, University of Delta, Agbor, Delta State, Nigeria.
(2) Lecturer, Department of Private Law, Faculty of Law, University of Delta, Agbor, Delta State.
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Abstract
The protection of traditional cultural expression and cultural legacy against unlawful use, duplication, misappropriation, and other types of unethical exploitation has proven to be attainable with the help of intellectual property law. The aim of this paper is to investigate the idea and procedures for enforcing neighboring rights within Nigeria's current copyright laws. The paper used a qualitative and doctrinal approach to explore the principles of neighboring rights, classifying them into performers' rights and expressions of folklore. It also explores civil and criminal proceedings for their enforcement. The paper found out that Nigeria's copyright laws appear to be unappreciated, which accounts for the paucity of documented incidents involving the violation and enforcement of performers' rights and the expression of folklore. It therefore suggests that in order to safeguard and uphold these rights, it is necessary to inform the public of their existence.
Keywords
Copyright, Folklore, Enforcement, Infringement, Performer’s Right
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