RESOLVING OWNERSHIP RIGHTS IN THE COPYRIGHT WORKS OF CINEMATOGRAPH FILM AND SOUND RECORDING IN NIGERIA

Abstract

This work tends to distinguish between ownership and authorship of copyrighted works of cinematograph films and sound recordings in Nigeria. One key issue in this work is whether ownership right in sound recordings and cinematograph films as provided under the Nigeria Copyright Act, 1988 protects entrepreneurs or authors’ act of creativity. It will be posited that sound recordings and cinematograph films are derivative works and copyright for derivative works are meant to protect entrepreneurs rather than authors’ act of creativity. The paper focuses on the various provisions of the Nigeria Copyright Act, 1988 and compares them with the provisions of Nigeria Copyright Decree 1970, the Ghana Copyright Act, 2005 and The United Kingdom Copyright, Designs and Patent Act, 1988. It adopts a doctrinaire methodology and relies on information in textbooks, Journal articles, internet and other reliable sources. The paper finds that the present position of law in Nigeria vests authorship and ownership of sound recording of musical work in the artiste in whose name the recording was made and therefore tilts to protect the authors’ act of creativity rather than the entrepreneurs. The paper makes recommendations for reviews and reforms.