EFFECT OF SERVICE PROVIDER’S CONTRACT ON ONLINE COPYRIGHT PROTECTION IN NIGERIA

Abstract

The internet has greatly affected copyright more than any other technology in human history. It changed copyright from its traditional concept of human creativity that is expressed in physical copies of works like books, to digital and non-physical creative works that are contained in software platforms like websites, Apps and Stream. Online technology is in constant evolution, introducing new technologies that affect copyright. It has being the concern of the relevant global and regional bodies, as well as countries to formulate standard norms and laws that will adequately protect copyright in the online space. The role of the service provides who own the online platforms used in the publication, distribution and protection of these creative works is crucial in online copyright protection. The service providers, who are mainly foreign owned multi-national Tech-companies that operate from outside the shores of Nigeria, usually operate through the World Wide Web (www) in extending their services to Nigeria. In order to escape from liability arising from possible infringement of copyright, the service providers leverage on their ‘Use Agreement’, which the online users are compulsorily required to accept before they can sign on to use the service providers’ platform. The nature of the agreement, which creates contractual relationship between the service provider and users, without allowing the users the opportunity to determine the terms, and the resultant effect on online copyright protection provisions contained in the Copyright Act, are issues of concern in ensuring effective copyright protection in the online medium. It also raises jurisdictional issues that threaten the enforceability of the Copyright Act, 2023 in matters of online copyright protection. This study simply addresses the effect of service provider’s contract in relation to online copyright protection with particular reference to Nigeria.