by Legalnaija | Aug 23, 2020 | Uncategorized
The NBA Annual General
Conference kicks off in 3 days and we are so excited about it. According to Mr.
Kunle Edun, the NBA Publicity Secretary, over 15,000 lawyers have registered
for the conference, a number significantly higher than the 2019 conference.
As we get ready for the
conference, here are 3 things you can do in anticipation.
1.
Look
through the list of speakers
Visit
the NBA Conference Website and scroll through the list of speakers, you will
definitely find a number of speakers who spark your interest and whom you will
like to listen to. Some include Former President, Chief Olusegun Obasanjo GCON;
the Speaker of the House of Representatives, Rt. Hon. Femi Gbajabiamila; Hon. Justice Tanko Muhammad, Chief Justice of
Nigeria; Governor Nyesom Wike, Governor of Rivers State; Lord Angus Glennie, QC,
Of the Privy Council & Judge Of the Appellate Court of Scotland and Steven
Richman, Former Chair, American Bar Association Section of International
Law, just to mention a few. You can find the list of speakers here.
2. Check
out the Sessions
The NBA Conference website lists some of the
sessions scheduled to hold at the Annual General Conference, some of these
include the sessions on the State of the Nation; Of Layoffs, Furloughs and
Redundancy, a discussion on recent developments on labour and employment issues
in light of the impact of the COVID-19 pandemic, and A Dialogue on Insolvency
and Economic Recovery. You can find the list of sessions here on the NBAAGC Forum.
3. Network
and Engage on the NBA Forums
The NBAAGC Website showcases forums for each of the
sessions where lawyers can network and engage. The Forum allows you connect
with many of the 15,000 delegates who have registered form various parts of the
world and diverse practice areas. The Forums are also platforms to meet up with
old friends and buddies. You can join some of the forums here.
So
what are you waiting for? If you are yet to register, log on to the NBA Website
here https://conference.nigerianbar.org.ng/
@Legalnaija
Image Source: NBA Website
by Legalnaija | Aug 19, 2020 | Uncategorized
Within and outside the Nigerian legal space, there are few words that get more constant reference than the word ‘Justice.’ The consistency of its recurrence in our lexicon is indicative of the fact that, almost, if not, everyone with a capacity to reason has a perspective of what ‘Justice’ entails. There is also a natural disposition and assumption that whatever misaligns with an individual’s idea of justice would amount to injustice.
In view of the fact that, most citizens have an expectation of, and stake in justice, it is axiomatic that the concept itself and the vehicles for its delivery are communal and national issues that require a consensus (from, at least the majority) as to what the acceptable standards should be. It is for these reasons that Wole Olanipekun & Co. (WOC) has assembled a team of leading industry players and stakeholders in the justice sector to constructively engage in a solution driven discussion towards developing an institutional concept for justice.
WOC has been an active participant in the justice sector in the last four decades. Over the that period, we have built relationships that are now being leveraged upon to put up this summit as part of our contributions towards building, not only a lasting justice institution for Nigeria, but also one that satisfactorily adapts to the ever changing needs and expectations of citizens anchored on consistent and acceptable principles.
Register for the event immediately via this link https://bit.ly/3aazQnS and stream live on Youtube via this link http://bit.ly/Youtubewocjusticesummit
Bode Olanipekun, SAN
Managing Partner
by Legalnaija | Aug 17, 2020 | Uncategorized
With the NBA Annual General
Conference just 8 days away, we are super excited about this year’s conference
for various reasons and we want you to know 4 things you can look forward to at
the upcoming conference.
1.
AWESOME
DISCUSSIONS
One
of the hallmarks of the NBA Annual General Conference are the panel session
discussions and speeches from world renowned leaders. For instance one of the
Keynote Speakers at this year’s AGC is Hon. Dame Linda Dobbs, the Director of Training at the
Judicial Institute for Africa; Pro Chancellor of the University of Surrey; read
more about her here.
Other
speakers, participants can look forward to engaging with at the conference
include; Prof. Yemi Osibajo SAN, GCON, Rt. Hon Femi Gbajabiamila, Governor
Nyesom Wike, Chief Olusegun Obasanjo and Brian Speers, President of the Common
Wealth of Lawyers Association. You can see the full list of Speakers here.
2.
BONDING
AND NETWORKING
Over
past conferences, lawyers are used to meeting up in person to network and bond.
Despite the pandemic, lawyers will still have the opportunity to network and
bond at the upcoming conference.
3.
ENGAGING
NEW IDEAS
With
the new normal like we all like to call it, businesses have been forced to
think outside the box to provide engaging new ideas which ensure their
businesses thrive. At the 60th NBA Conference, we are going to be
engaging with new ideas as well.
4.
A LOOK
AT THE FUTURE
Like
earlier mentioned, due to the pandemic we are forced to think outside the box
and the Nigerian legal profession must also discover new ways of preparing for
what the future brings. Most especially, how do we as lawyers prepare ourselves
for this future?
These and more are going to
be discussed at the NBAAGC 2020 and we recommend you do not miss it for the
world. To register, simply log on www.conference.nigerianbar.org.ng
and click on the Registration button.
The website also has information on some of the special features of the
conference.
by Legalnaija | Aug 17, 2020 | Uncategorized
If your answer to the above
question is “you don’t know” or “you are not sure”, then you are truly on a
long thing and like we lawyers usually say “you are sleeping on your rights”. On
the 26th – 29th of August, 2020, the largest gathering of
lawyers in Africa, will be getting together for the NBA Annual General Conference.
There is really no excuse
not to be part of the NBAAGC 60th Anniversary. Can you believe the
NBAAGC is 60 years. WOW, that comes with so much history to it and guess what?,
the conference is free. One more special thing is that the Conference is
absolutely free.
To register, simply log on www.conference.nigerianbar.org.ng
and click on the Registration button.
The website also has information on some of the special features of the
conference.
So now that you know what
you will be doing on the 26th – 29th of August, 2020. What
are you waiting for? REGISTER NOW, the conference is just 8 days to go.
by Legalnaija | Aug 17, 2020 | Uncategorized
According to the publication, Nigerian Justice System: The Ideal, Hope And Reality by M. Shehu, Dr. M. Faud Bin Othman and Dr. N Binti Osman published in 2017, the “Justice system and its administration in every state is the reflection of that state’s extent of civilisation, the dispensation of justice and development. The administrators and operators of the Nigerian justice system are collectively and separately responsible for most of the problems facing the Nigerian justice system.
What we need includes a complete overhaul of the prisons to reflect changing realities, curbing corruption in the entire justice system, strengthening the constitutional provisions and procedural enforcement of fundamental rights, extensive and adequate civic education, strengthening the works of civil societies organisations, timely and efficient dispensation of justice in the courts, ensuring full independence of the judiciary and creation of conducive atmosphere for legal aid providers among others.”
This topic and more will be discussed at the WOC Justice Summit holding on Saturday, 22nd August, 2020, with the theme; “Developing An Institutional Concept of Justice in Nigeria”. Special Guests at the event include His Excellency, the Vice – President of Nigeria, Prof. Yemi Osibajo GCON, SAN; Prof. Fidelis Oditah QC, SAN; Yemi Candice – Johnson SAN; Boma Alabi; Prof. Pat Utomi and Brie Stevens-Hoare (Professional Commissioner Judicial Appointments Commission UK).
The event will be moderated by Bode Olanipekun SAN, Managing Partner, Wole Olanipekun and Co.
Register for the event immediately via this link https://bit.ly/3aazQnS and stream live on Youtube via this link http://bit.ly/Youtubewocjusticesummit
Join the conversation and let’s be part of the solution together.
by Legalnaija | Aug 14, 2020 | Uncategorized
At the recent Justice Research Institute (JRI) Virtual Roundtable themed “Selection and Appointment of Judges: Lessons for Nigeria”, His Excellency, Vice – President Yemi Osibajo GCON, SAN, mentioned that there is need for an urgent, honest and frank conversation about judicial reforms.
The Vice President’s statement cannot be over-emphasized as the Nigerian Judiciary is in dire need of reforms. Currently, citizens and users of the justice system are most unhappy about the state of affairs and have begun to result to other available means to remedy the breach of their rights. It is not so uncommon to see citizens approach the police to resolve commercial disputes or for debt recovery. One cannot in turn blame the citizen since the court system is overly slow and unable to meet the expectation of the citizenry.
This topic and how to fashion a working justice delivery system will be discussed at the WOC Justice Summit holding on Saturday, 22nd August, 2020. Special Guests at the event include His Excellency, the Vice – President of Nigeria, Prof. Yemi Osibajo GCON, SAN; Prof. Fidelis Oditah QC, SAN; Yemi Candice – Johnson SAN; Boma Alabi; Prof. Pat Utomi and Brie Stevens – Hoare, QC. The event will be moderated by Bode Olanipekun SAN, Managing Partner, Wole Olanipekun and Co.
Register for the event immediately via this link https://bit.ly/3aazQnS and stream live on Youtube via this link http://bit.ly/Youtubewocjusticesummit
Let’s build a judicial system that works for all.
by Legalnaija | Aug 13, 2020 | Uncategorized
The newly inaugurated Managing Director of the Federal Housing Authority, Senator Gbenga Ashafa, today set the tone for his tenure in an introductory meeting with the Management and Staff of the Corporation at their head office in Asokoro, Abuja.
Addressing the staff after a familiarization tour of the offices and facilities at the Head Quarters of the agency, Senator Ashafa expressed his readiness to take on this new responsibility with vigor stating that “let me assure you all that myself as your Managing Director together with The Executive Director Business Development, Hon. Abdulmumin Jibrin and the Executive Director, Housing Finance Mr. Maurice Ekpeyong are here to work. All we ask of you is to get ready for us to work as a team in order to make the Federal Housing Authority work for all Nigerians.”
Soon after, Ashafa was briefed by the immediate past Acting Managing Director on the activities of the Agency after which he officially handed over to the new management team.
Speaking further, Ashafa urged the members of staff to rededicate themselves towards achieving the mandates of the Federal Housing Authority. The new MD stated that “I urge you all to rededicate yourselves to the monumental task ahead knowing fully well that President Muhamadu Buhari will be counting on us to deliver and so will millions of Nigerians across the Country. Need I say that expectations are high and so must our morale be across board.”
The Executive Director’s Business Development, as well as Housing Finance, also reiterated the message of the Managing Director to the Management and urged the staff to put in their best for the benefit of Nigerians.
The Management and staff of the Agency in return assured the incoming management of their readiness to work as a team and to help the new management succeed.
by Legalnaija | Aug 12, 2020 | Uncategorized
In the words of James Baldwin, “If one really wishes to know how justice is administered in a country, one does not question the policemen, the lawyers, the judges, or the protected members of the middle class. One goes to the unprotected–those, precisely, who need the law’s protection most!–and listens to their testimony.”
In Nigeria particularly, with multiple setbacks and inadequacies plaguing the Nigerian Justice System, there has become a growing need for a panacea. This is made more pressing by the clogs experienced by varying degrees of COVID – 19 lockdown and post – pandemic uncertainties that are sure to come.
On Saturday, 22nd August, 2020, key stakeholders in the Justice Sector will be meeting to discuss “Developing An Institutional Concept of Justice in Nigeria”. Attending this event is crucial to stakeholders in the justice sector who want a turn – around in the Nigerian Justice system.
Special Guests at the event include His Excellency, the Vice – President of Nigeria, Prof. Yemi Osibajo GCON, SAN; Prof. Fidelis Oditah QC, SAN; Yemi Candice – Johnson SAN; Boma Alabi; Prof. Pat Utomi and Brie Stevens – Hoare, QC. The event will be moderated by Bode Olanipekun SAN, Managing Partner, Wole Olanipekun and Co.
Register for the event immediately via this Zoom link https://bit.ly/3aazQnS and stream live on Youtube via this link http://bit.ly/Youtubewocjusticesummit.
Looking forward to engaging with you at the event.
by Legalnaija | Aug 9, 2020 | Uncategorized
The discovery of oil
in the 1950s in Nigeria is regarded as one of the best things to happen to this
country. Inversely, it is also one of the
worst things to happen as the Niger Delta region is plagued by environmental
degradation caused by oil spillage and gas flaring. Environmental degradation
is one of the many impediments to achieving a green economy. Others include
deforestation, poor waste management, mediocre urban planning, noise pollution,
emission of greenhouse gases and concentration of ozone-depleting chemicals.
Not only are they harmful to the planet, they spawn a variety of illnesses and
outbreaks of chronic diseases, raising worldwide concerns that the protraction
of these destructive behaviours may render humans extinct if not homeless in
the future.
Despite the
skepticism surrounding the belief in a green future in Nigeria for verifiable reasons, this writer opines that a green future is
achievable in Nigeria, but is heavily dependent on our willingness to create
sustainable alternatives to our existing pollutive way
of life. We imagine a future where the environment is safe and
fit for human lives to thrive, where reusables are the new trend, where the
environment is free from pollutants and car engines are built to work with
cleaner fuels and to produce lesser vehicular emissions, where waste is
minimized, and most importantly, a future where environmental sustainability is
entrenched in the mindset of the entire populace. Discussing green
future will be incomplete without recourse to the sustainable development
goals.
The major outcome of
the 2012 United Nations Conference on Sustainable Development was the agreement
by member states to launch a process to develop a set of Sustainable
Development Goals (SDGs). Some of these goals are directly and eminently
instrumental to the achievement of a green future. SDG 3 aims at ensuring
healthy lives and promoting well-being for all at all ages. SDG 3 also requires
that deaths and illnesses caused by hazardous chemicals and air, water, and
soil pollution or contamination are substantially reduced. The purpose of SDG 6
is to ensure the availability and sustainable management of clean water. SDGs 7
and 13 are related and are aimed at ensuring access to affordable, reliable,
sustainable, and modern energy for all, consequently combating climate change
and its impacts. Finally, SDGs 14 and 15 agitate for sustainable use of oceans,
seas, and marine resources and promotion of sustainable use of land, by
managing forests, combating desertification, and reversing land degradation.
Tackling a problem
which perturbs the entire planet is certainly not a piece of cake. A
combination of expertise, innovation, responsibility, cooperation and a
dramatic improvement of our living habits is required to save our planet from
utter destruction. In addition to changing our destructive culture, scientists
posit that mechanisms and structures must also be put in place (Cecelia,
2020).
For example, it is not enough that we stop burning fossil fuels to reduce the
emission of greenhouse gases, we also need negative emissions technologies to
help expel existing carbon dioxide (CO 2) from the atmosphere to combat global
warming.
As the push for
sustainable products and green technologies mounts, innovations spring up at an
unprecedented rate. The world’s first smog vacuum cleaner was created by Daan
Roosegaarde to clean polluted air in public spaces, using only 1170 watts of
green electricity and positive ionisation technology. Another remarkable
invention, by two surfers in the hope to clean the world’s oceans, is the
Seabin which can gather plastic and oil and filter through the structure of
oceans. Also, memorable is the creation of Vegan-bottles which has the
potential to rid the world of further production of plastic bottles (Saoirse,
2018). Lagos state, which is the most populous state and the commercial centre
for Nigeria, has launched a green consumer initiative to have a consumer label
detail the carbon footprint of a product/service and a commitment by its
producer to reduce it. It is also expected that the initiative will encourage
industries to embrace green solutions and to reduce the amount of carbon
dioxide released into the atmosphere as a result of their activities (Sewanu
& James, n.d.). The
list goes on.
Innovation is
fundamental to the realization of a green future as Intellectual property rights
are fundamental to making innovation work. Hence, the progress and wellbeing of
humanity are now dependent on Intellectual property rights. Intellectual property rights encourage creativity,
artistry, out-of-the-box thinking, and inventiveness by providing exclusivity
to owners, proprietors, and inventors, allowing them reap commercial and moral
benefits, and expelling the fear of idea expropriation (Uche & Regina,
2020).
Intellectual property rights like trade secrets, trademarks, copyright, and
patent are relevant to protecting green innovation. Inventions generally start
as a trade secret of the inventor. One or more types of intellectual property
rights: patents, trademarks, and copyrights are required to market an invention
(James, n.d.). These protections
mean that an invention cannot be used, distributed or sold without consent from
the inventor. Intellectual property rights are actionable in court in the event
of an infringement.
Intellectual property
rights also help disperse innovation to places of great need, through licensing
agreements, joint ventures, and more. In Nigeria, contracts or agreements for
the transfer of foreign technology to Nigeria must be registered with the
National Office for Technological Acquisition and Promotion (NOTAP) in
accordance with the NOTAP Act. Pursuant to Section 7 of the NOTAP Act. no
payment shall be made in Nigeria to the credit of the foreign transferring
party unless a certificate of registration and a copy of the contract certified
by the NOTAP is presented by the parties (Nta & Emmanual,
2020).
An also explorable
approach, to making innovation work in Nigeria, is creating a platform that
encourages and celebrates inventions, initiatives, and new ways of solving
national or world problems within Nigeria. A platform that creates avenues for
meet and greets between inventors and the public, government, or universities.
The government should
invest in home-grown technologies. When Nigeria gained independence from
colonial rule in 1960, there were bursts of ingenuity exhibited by indigenous
people in all spheres of human endeavours. These attempts were discouraged due
to derogatory remarks that these technologies were substandard or
counterfeited. Uninspiring remarks like “Aba-made”, “Okrika”, “katako-made’,
“Sharada-made” were common (Edwin, 2017). Foremost, a change
of attitude towards home-grown inventions is necessary. It is also certain to
go a long way if government can interface with innovative indigenous people,
provide necessary material, financial and structural aid to advance their
handicraft, showcase and give them credit for their creativity.
Top-notch education
is paramount to unlocking sustainable development in Nigeria. Nigeria must
invest heavily in her educational sector because quality education and
research, up-to-date educational infrastructures, and standard learning
environment are key driving factors to achieving sustainable socio-economic
development in any nation (Chuks & Acquah,
2018).
When we invest in education, innovation will no longer be a question.
It will be
short-sighted to propose green future in Nigeria without first proffering a
probable alternative to Petroleum. The Nigerian economy is heavily
dependent on the oil sector which accounts for over 95% of export
earnings and about 40% of government revenues, according to the International
Monetary Fund. This raises the question of whether Nigeria can survive with the
expulsion of her oil sector. Recently, the Department of Petroleum resources
proposed the use of Compressed Natural Gas (CNG) in automobiles as an
alternative to petrol (Anon., n.d.). More so, if
we take advantage of the neglected Agricultural Industry in Nigeria, it has the
potential to overthrow the oil and gas industry in Nigeria. According to Dr
Akinwunmi Adesina, president of the African development bank (AFDB) and
previous minister of agriculture for Nigeria, ‘Agriculture must be at the
centre of the economic diversification strategy and wealth creation in Africa’.
As American business
magnate and philanthropist Bill Gates once said, “Never before in history has
innovation offered promise of so much to so many in so short a time”, it is up
to us to safeguard it. If we can protect and encourage inventions, then we can
protect our planet (Daniel, n.d.).
Written by:
Adeniran Oluwabukunmi
References
Anon., n.d. Embrace CNG as petrol alternative, DPR
advises motorists. Department of Petroleum Resources .
Cecelia,
T., 2020. Climate change: now is the time to act.. March.
Chuks,
M. & Acquah, S., 2018. Why investments in higher education and research in
Africa are so important?. 26 July.
Daniel,
R., n.d. Innovation for a Green Future: Protecting Intellectual Property to
Protect the Planet.
Edwin,
U., 2017. Indigenous Technological Innovations: Crossing the “Valley of
Death” to the Marketplace. November.
James,
Y., n.d. Four types of Intellectual property to protect your idea and how to
use them.
Nta,
E. & Emmanual, N., 2020. Innovate for a Green Future. 27 April.
Saoirse,
K., 2018. 21 Sustainability Innovations and Initiatives That Might Just Change
the World. 6 April.
Sewanu,
A.-T. & James, O., n.d. Recent Developments on Green Growth in Nigeria.
Uche,
N. & Regina, O., 2020. Innovate for a Green Future – Nigeria. April.
by Legalnaija | Aug 8, 2020 | Uncategorized
INTRODUCTION
Copyright is a branch of intellectual property that vests
exclusive rights for creative works of authorship in respect of works provided
for under Section 1(1) of the Copyright Act Chapter C28 Laws of Federation of
Nigeria 2004 (the “Copyright Act”).
As opposed to patents and industrial designs whose protection is
dependent on its registration, copyright protection automatically vests in the
author of the work upon the fixation of the work into a definite form without
the prerequisite of registration or compliance with any formality. It
is also pertinent to note that what copyright protects is the expression of an
idea and not the idea in itself.
The purpose of copyright protection is to confer on the author
the exclusive right over the creative work and to prohibit or authorize other
persons to exploit same. In the subsequent part of this paper, the author shall
consider the different realms of rights conferred on the author of a copyright
work under the Nigerian Copyright Act and examine the need for a right of
privacy over a commissioned work. The work shall also comparatively analyse the
position in the United Kingdom and conclude by proffering workable
recommendations.
AUTHOR’S RIGHTS UNDER THE COPYRIGHT
ACT
The Act confers certain rights on the author of a copyright
work. These rights include:
1.
Economic rights and;
2.
Moral rights.
Economic rights: This grant to the author the exclusive right to
commercially exploit the work against all other persons, thereby protecting his
pecuniary interest in the work. However, economic rights are for a limited
duration of time upon expiration of which, the work goes into the public domain
following which the members of public can freely exploit. The 1st Schedule to
the Copyright Act provides for the duration of copyright in respect of various
categories of works.
Moral rights: On the other hand, moral rights seek to protect
the reputation and honour of the author in respect of the creative work in
which copyright subsists.
Under the provisions of Section 12(1) of the Copyright Act, two
forms of moral rights are conferred on the author of a copyright work and they
include;
1.
Right to paternity
2.
Right to integrity
The right to paternity indicates the author’s right to claim
authorship of his work. It places a requirement that his authorship shall be
mentioned where the work is exploited in any manner.
Hence, a false attribution of authorship to a person other than
the true author of the work will be tantamount to a legal wrong. This was
exemplified in the case of Maurice Ukaoha
v. Broad-Based Mortgage Finance Limited & Anor
where the court held that the acts of the defendants which included the model
of the plaintiff being advertised by the defendants in some national newspapers
as its proposed headquarters as well as attributing authorship of the model to
a 3rd party instead of the plaintiff without the consent of the
plaintiff constituted an infringement of the plaintiff’s honour and reputation
as the author and owner of the model.
The right to integrity which is the second category of moral
right is the right of the author to object and seek relief in connection with
any distortion, mutilation or other modification of, and any other derogatory
action in relation to his work, where such action would be prejudicial to his
honour or reputation.
The essence of these rights are not far-fetched and can be
linked to the principal objective of intellectual property protection, which is
to protect the private interests of owners of intellectual work by recognizing
their ownership rights in their creations or inventions.
AUTHOR’S RIGHTS VIS-À-VIS THE RIGHTS
OF COMMISIONERS OVER COMMISSIONED WORKS
The Copyright Act essentially provides that ownership of copyright
vests in the author.
This provision still stands where the author is being commissioned to create
the work or under a contract of employment.
Nonetheless, the Act stipulates that a written contract stating otherwise will
overturn the general rule, thereby vesting ownership of copyright in the
employer, under a contract of employment or the commissioner, in respect of a
commissioned work.
Irrespective of this exception and other exceptions provided for
under the Act, it is evident that the Copyright Act seeks to protect the
interest of the author with respect to his creation whether the work was
carried out under a contract of employment or commissioned. The rationale
behind the stipulation of the Act which vest copyright in the author is to
ensure that his authorship is protected.
The author possessing copyright in a work, whether literal,
artistic or musical work has the right to exploit the work in various manner
ranging from reproducing, publishing, selling, distributing, communicating the
work to the public and many other acts provided for under the Act.
However, there are circumstances whereby these acts or
exploitation may be unfavourable or prejudicial to a person other than the
author and this may occur where a work or creation is being commissioned.
A practical example is photographs and films commissioned for
private and domestic purposes. In this instance, where a person commissions
another person to take a photograph or make a film, copyright subsists in the
outcome of the work in favour of the latter, that is the author. The author
reaps the benefit of exploiting the photograph or film either by exhibiting or
issuing of the work to the public, as copyright subsists in his favour and
without regard to the purpose for which the work was commissioned.
Moreover, the Copyright Act does not make any provision
protecting any right whatsoever, in favour of the commissioner with respect to
the commissioned work. Hence, the author is at liberty to do whatever he
pleases with the commissioned work and can find solace under the provisions of
Section 10 of the Copyright Act.
RIGHTS OF A COMMISSIONER OVER
COMMISSIONED WORKS: A COMPARATIVE ANALYSIS
Under the UK Copyright, Designs and Patents Act 1988 (C.D.P.A),
there are four moral rights recognized under UK law:
1.
The Right to Attribution; that is the
right to be identified as the creator of your work.
2.
The Right of Integrity; that is the
right to object to derogatory treatment of your work which negatively affects
the author’s reputation.
3.
The Right to object to False
Attribution; that is the right to not be identified as the creator of a work
created by another.
4.
The Right of Privacy; that is the
right to not have photographs or films commissioned for private and domestic
purposes exhibited, broadcast or issued to the public.
The first two moral rights seek to protect the creator of the
work and they are in line with the rights of paternity and integrity granted
under the Nigerian Copyright Act. However, the last two moral rights are
concerned with both managing a person’s reputation and the privacy of those who
have commissioned photographs or films.
The rationale behind section 85 of the U.K. Copyright, Designs
and Patents Act 1988 is to protect the interest of the commissioner and to
enable him control the exploitation of works commissioned for private and domestic
purposes. Hence, anyone commissioning the taking of a photograph or the making
of a film in which copyright subsists in the resulting work but for private and
domestic purposes is conferred the right not to have the work exploited by:
1.
Issuing copies of the work to the
public;
2.
exhibiting or showing the work in
public or;
3.
Communicating the work to the public.
This provision guarantees that the author of the photograph or
film commissioned for private or domestic purpose, is restricted from exercising
his right of ownership in a way that is detrimental or prejudicial to the
commissioner’s privacy.
Thus, the doing or authorising of any acts under section 84(1)
of the C.D.P.A by the author, infringes the right of privacy of the
commissioner and the latter can successfully institute an action against the
author.
CONCLUSION & RECOMMENDATION
The right of privacy over commissioned works is very essential
and plays a vital role in protecting the privacy of the commissioner especially
where the work commissioned is for private or domestic purpose and not for
public display, commercial purpose or enjoyment.
The Copyright Act does not provide for a right of privacy
neither does it make a similar provision protecting the privacy of
commissioners in relation to commissioned works. Nonetheless, the commissioner may
rely on the exception provided for under section the 10(2) of the Act.
It provides that where there is a contrary stipulation in a
written contract, then copyright will not vest initially in the author of the
work or creation.
This simply means that the commissioner and the author
(photographer or filmmaker in this case) may sign a written agreement stating
that copyright in the work would vest in the commissioner or may agree that
while copyright may vest in the author, the commissioner will possess the right
to restrict the author from issuing copies, exhibiting or communicating the
work to public under the contract and this will be binding on both parties.
The photographer may also sign a release agreement which
dictates that all his rights in the photographic work are released and now
conferred on the commissioner of the work.
In other words, in the absence of a release agreement or a
contrary provision limiting the rights of the author in respect of a
commissioned work, the commissioner will be incapable of restricting the author
from issuing copies, exhibiting or communicating the work to the public
notwithstanding the fact that the work was created for private or domestic
purposes.
Therefore, it is important for the right of privacy to be
incorporated into the copyright Act in order to maintain an equilibrium between
the author’s right of ownership and the commissioner’s right of privacy. This
will ensure that whilst ownership of copyright in a commissioned work vests in
the author, the commissioner of the work retains the right to restrict the
author from issuing copies, exhibiting or communicating the work to the public,
where the work was commissioned for private or domestic purpose.
Emmanuella M. Odidika is a law graduate of Olabisi Onabanjo
University and was called to the Nigerian bar in 2019. She currently works in
the law firm of Wole Olanipekun & Co. as a trainee associate. Emmanuella
has interest in general practice areas but she has special interest in
Intellectual Property Law practice. She believes Intellectual Property is a
valuable asset in business and key to economic growth and development.
