PROTECTION OF DATABASE AND COMPUTER-GENERATED WORKS UNDER THE NIGERIAN LAW

Abstract

Copyright is the exclusive legal right to reproduce, publish and sell a book, musical recording, et cetera for a certain period of time. The essence of copyright protection is to ensure that one who labours gets the reward of his labour. It protects literary works, musical works, artistic works, cinematograph film, sound recordings and broadcasts from infringement from persons not authorised to benefit from same. Copyright generally does not protect ideas; it protects the expression of such ideas. For a work to be worthy of copyright protection under Nigerian law, such work must be original and fixed in a definite medium either known or yet to be known. This study sought to determine the protection works generated from a computer database has under the law. It discussed the ownership of such works whether it is owned by the person who created the database, or the person who purchased the database and makes works out of it, or the computer from where the work was created. In gathering and analyzing data, the study adopted the doctrinal method involving analysis of primary and secondary data. The primary data sources were local statutes, foreign statutes, international treaties, conventions, covenants and case law. The secondary data sources included journal articles, textbooks, encyclopaedia and some unpublished works. The study found that the law protects database and computer-generated works. It was also discovered that there is need for the Copyright Act 1988(as amended) to be reviewed to include database rights as is the case in some other jurisdictions. The paper also recommended proper orientation of citizens on what constitutes breach of copyright.