Protection And Exploitation Of Art Under Copyright Law | AOC Solicitors

An artist has the right and capacity to register their art, and the authorship status under Copyright Act 2022 vests in the artist the right to exploit his or her art in different ways. In this topic, we shall focus on the protection available to an artist and the ways an artists can exploit their art.

Protection of Art

For the purpose of this article, our focus shall be on copyright protection available to art in Nigeria. Although in Nigeria, copyright protection inures from the point when the work is created. An artist need not register his art before he can enforce his rights against any infringer. However it is important that an artist takes a further step and register all his art works.

There are two main eligibility criteria that  must be met by anyone seeking copyright registration.  These criteria are listed below:

1. The work must be a published expression of an idea, not a thought in the owner’smind.
2. The work must be original, not an imitation of another work.

Reasons why an Artist should register His Copyright

1. AUTHENCITY OF GENUINENESS

An artist gets a certificate of authenticity upon conclusion of copyright registration. This certificate can be used as a proof of genuineness of his art work. This will also help during the process of moving art works from Nigeria to other countries during immigration check.

2. ACCESSIBLE BY THE GENERAL PUBLIC

The registration  of copyright  in art works makes it easier for members of the public to easily assess information relating to the work or author through the platform provided by the copyright commission.

3. PRESERVATION OF THE ART WORK

Registration  of copyright  helps in preserving the work, especially in the case of an author who is untraceable  or has died, Registration  of the art will help provide necessary  information  that will lead to the artist.

4. PROTECTION OF THE RIGHTS OF LICENSEES

The licensees of the registered work who need rights management information regarding the work can easily possess such through the Notification Database.

5. INTERNATIONAL PROTECTION

A copyright registered in Nigeria can be enforced  outside the country in countries which require registration  of copyright to seek protection  of such art against likely infringers.

6. RE-INFORCES THE RIGHT TO SUE

Although the author of a work need not register the work before he can seek protection, registration of his copyright strengthens the capacity of the copyright holders’ legal right to sue for damages and seek legal remedies against infringers.

Exploitation of Art

1. FIRST OWNERSHIP OF COPYRIGT

Section 28 of the Act confers the first ownership of copyright in the author of a work.

2. AUTHORSHIP RIGHT

Section 10 of the Copyrights Act provides that Subject to the exceptions specified in Part II of the Act, copyright in an artistic work shall be the exclusive right to do and authorise the doing of any of the following acts —

reproduce the work ;

publish the work ;

include the work in an audiovisual work ;

broadcast the work ;

communicate the work to the public ;

make the work available to the public by wire or wireless means in such a way that members of the public are able to access the work from a place and at a time individually chosen by them

make any adaptation of the work and

do in relation to an adaptation of the work any of the acts specified in relation to the work under subsection (1)(a), (b) and (c).

3. RIGHT TO PROCEED OF SALE

Section 17 of the act provides that, notwithstanding any assignment or sale of the original work, an author of an artistic work shall have an inalienable right to a share in the proceeds of any sale of that work by public auction or through a dealer, subsequent to the first transfer by the author.

4. RIGHT TO ASSIGN INTEREST OR LICENCE

Section 30 of the Act vests in the artist the right to assign exclusive or limited use of his work to other people. In the case of an exclusive assignment, such assignment should be made in writing in other to be enforceable under the Copyright Act. However a non-exclusive right need not be in writing as it could made orally.

5. MORAL RIGHTS

Section 14(1) (a) & (b) of the Copyright Act provides for the moral right of an artist. The author of a work in which copyright subsists has the right to claim authorship of his work, in particular that his authorship be indicated in connection with any of the acts referred to in sections 9, 10 and 11of the Act, except when the work is incidentally or accidentally included in a broadcast when reporting current events. The author of a work also has the right to object and to seek relief in connection with any distortion, mutilation or other modification of, and any other derogatory action in relation to his work.

6. RIGHT OF RECOGNITION

An artist has the right to be recognized as the author of a work where such work is referenced or cited.

As a Creative or Artist, it is hoped that this article has shed a bit more light on how you can protect and exploit your art. If you have any questions about copyright protection for Artists, don’t hesitate to send a mail to info@aocsolicitors.com.ng or visit www.aocsolicitors.com.ng