EXPRESSIONS OF FOLKLORE IN CONTEMPORARY NIGERIAN COPYRIGHT SYSTEM, INTERNATIONAL INSTRUMENTS AND NATIONAL TREATMENT

Abstract

Folklore is an important aspect of Nigerian culture andheritage, encompassing a wide range of expressions such asfolktales, proverbs, traditional music, dance, and crafts, etc.These expressions are deeply rooted in the history andtraditions of various Nigerian communities and have beenpassed down through generations. However, the protection andpreservation of folklore have become a major concern, henceprovisions against unregulated use enacted in our laws. As amember of World Intellectual Property Organization (WIPO)administering the ratified Berne Convention and the TradeRelated Aspects of Intellectual Property Rights Agreement(TRIPs), the principle of national treatment set down in theseconventions becomes an obligation. In effect, this means thatany group of nationals wishing to engage, for commercialpurposes, with their own cultural heritage requires, before use,the consent and approval of the Nigeria copyright Commission.This may on one hand be justified as necessary compliance withthe principles of national treatment in that throughinternational obligations, indigenous laws of member statesshould treat both their nationals and non-nationals equally andalike. In this work, using doctrinal research methodology, weshall discuss various expressions of folklore and its protectionin contemporary Nigerian society under the Copyright Act of2022, in relation with the Ghanaian law. We shall, through ananalysis of the obligations set down in these conventions, alsoexamine the obligations under international instruments,interrogates this position in relation to Nigeria culturalindustries.