Copyright is a protection provided by Law on a copyrighted work in order to prevent such work from be exploited without the proper consent of the owner/author is been obtained. It aim at preventing the use of a copyrighted work for commercial purpose without the approval of the owner of the copyrighted work.
There are different justification and rationale for copyright protection. The basis of copyright protection is that no Man must be able to appropriate the result of another Man efforts. It is to ensure that those who create knowledge should be adequately rewarded especially economically. Adequate rewards not only serve to encourage the creator to be productive but also encourage and motivate others to be creative. Thus copyright Law is able to achieve the advancement of knowledge, promote learning ,growth and development of culture and civilization.
Furthermore ,copyright is beneficial to the Nation. It yield Tax for the Government and encourage sponsor to invest. It also offers employment.
The modern Copyright protection in Nigeria is a product of colonialism. Prior to this, there was existing a traditional copyright system Which is to protect intellectual works.For example amongst the Yoruba,there is "IJUBA" which means recognition, recourse or appreciation. The various traditional music, Art, oriki, poems, cultural dance are given IJUBA which is to acknowledge the owners. The problem with the traditional copyright system is that they are generally unwritten as they are,in most times,in oral form. This nature of the traditional copyright system made it look inferior to the English copyright system upon the advert of colonialism.
The modern copyright system in Nigeria stemmed from the received English Law. In England,the crown provide mechanism for controlling the printing and circulation of intellectual works through statutes and granting of Licenses. There was the 1483 Act which was enacted to control the hoarding and retail sale of books written by foreigners. The 1533 Act was enacted to prohibit the importation of band books and their sales .
The first true copyright statute in England is the STATUTE OF ANNE Which was enacted in 1710.Prior to this statute,there was no photocopying machine to reproduce works which will be available for people as the works are reproduced by handy slaves who recopy the works. JOHANN GUTTER BURG produced what look like the modern day photocopying machine.Through this machine,works are reproduced easily and fast. With this invention, there was need to protect copyrighted work from been reproduced without the consent of the work.
It is important to note that all these statutes (1483 Act,1533 Act,1662 Act)are not intended to protect or benefit the authors but rather to ensure the non publication of offensive materials and enrich the crown.The 1662 Act provide that "many evil disposed persons have been discourage to print and sell seditious,schismatic,blasphemous and treasonable books,pamphlet and papers". The evil disposed persons referred to are those who through writing criticize the church and the Government. These Acts were to suppress the publications and circulation of the so-called treasonable, seditious pamphlet, paper which opened the eye of the people to the unacceptable activities of the Government.
The crown also use the granting of License to restrict the publication and circulation of intellectual works. This license is given to a stationery company who are also known as publisher.The stationer buys manuscript from the authors ,register it in the stationer 'register,print,sell and circulate them. The stationers pays the authors stipends and enjoys the whole benefits derivable from the intellectual works. The 1662 Act also provide that no private persons must at no time print or cause to be printed any book or pamphlet unless it has been entered into the register of the company of stationer in London and has first been licensed and authorized to be printed. The stationer company dated from 1403 and started as a Craft gurld.
It was made a company by KING HENRY VIII and granted a license in 1557.
The statute of Anne (1710) gives the owner of the copyrighted work 14years to enjoy copyright over his works.
There were other statutes after the Statute of Anne.There was the 1814 Act which allow the copyright owner to enjoy his work for 28 years from the day of publication.There was also the 1842 Act which extend the duration a author can enjoy copyright over his work.It gives the author His lifetime to enjoy his work plus 7years after His death.
All these Statutes were brought together under the 1911 Act. The protection due to a copyright owner was increased for the lifetime of the author plural 50 years.This Act was extended into Nigeria legal system.It was applicable to the Southern and Northern protectorate by virtue of An Order in council in 1912.
This Act was applicable until 1970 when Nigeria had her first indigenous statute on copyright. This repel the application of the copyright Act of 1911 in Nigeria.The 1970 Act was severally criticized by individuals and organizations who has become aware of their rights. As a result of this agitation, a drafting committee in 1987 was setup on the reform of copyright laws. The committee came up with a draft Which became the copyright Act of 1988.There was amendment on the copyright Law through Decree of 1999 No 42 and 1992.
The present copyright Act is the copyright Act of 2002.The Act provide that a copyright owner has the privilege of enjoying his work through out his lifetime plus 70 years after His death. This will allow the family of the copyright owner to enjoy every benefits derived from the copyrighted work.