COPYRIGHT ENFORCEMENT ON THE INTERNET: AN APPRAISAL OF THE COPYRIGHT LAWS OF NIGERIA AND THE UNITED STATES OF AMERICA

Abstract

The emergence of Multimedia and the Internet led to the upsurge in the creation of works, the use of the Internet and Copyright infringement. The type of unfettered access to copyrightable works afforded by Multimedia and the Internet is detrimental to the right owners upon whom the Copyright Laws conferred a bundle of monopoly rights in relation to their works to encourage authors to create more works. However, the laws encourage public interest right of access to copyrightable works for advancement of knowledge and information. This is achievable through the creation of exceptions to copyright control which tend to strike a balance between the authors’ rights and the interest of the public at large. This long existing rule has been distorted by digitalization and the Internet which created more access to copyrightable works; in most cases, unauthorized access; and at the same time defy the traditional Copyright Enforcement Mechanisms. Copyright Laws have since then embraced technological protective measures in relation to these works in the face of the legal uncertainties and a number of lacunae inherent in the obsolete Copyright Laws, especially those of Nigeria, which were oriented towards analogue exploitative technologies. It is envisaged that the continued use of these technological protective measures which most often do not admit of fair use of protected works, will end creativity. This work examined the Copyright Acts of Nigeria, the United States of America and other Copyright related Instruments in order to discover the impact of the use of multimedia and the Internet on Copyright enforcement. Recommendations were made on the ways to promote effective Copyright enforcement and at the same time promote fair use of Internet based works without infringing the rights conferred on authors.