The digital age has brought about a profound transformation in the way content is consumed and distributed. Digital platforms and streaming services have ushered in a new era of convenience and accessibility for users worldwide. However, alongside these advancements, the need for robust copyright protection and enforcement mechanisms has become more critical than ever. Nigeria, cognizant of the challenges that creators and copyright holders face in the digital realm, has recently introduced a new Copyright Act. This Act aims to address the evolving landscape of digital content and streaming platforms, ensuring the safeguarding of intellectual property rights in this rapidly changing environment. In this article, I will delve into some of the provisions of the Act and examine their profound impact on the digital content industry, as well as the rights and responsibilities of content creators, copyright holders, and consumers in Nigeria’s dynamic copyright ecosystem.

Expanding Digital Rights for Copyright Owners:

One significant aspect of the new Nigerian Copyright Act is the explicit expansion of the definition of “copy” to include digital copies. This expansion strengthens intellectual property protection for digitized content such as music, videos, and e-books. Copyright holders now have enhanced rights over their digital works, granting them control over the distribution and accessibility of their content online.

Exclusive Right to Make Works Available Online:

The Act reinforces copyright holders’ exclusive rights by granting them the authority to make their works available to the public through wire or wireless means. This provision recognizes the importance of digital platforms and online access to copyrighted content. It ensures that creators have the right to determine how their works are made accessible online, whether through streaming or downloads. Unauthorized distribution or streaming of copyrighted works is explicitly prohibited, aiming to combat online piracy.

Take-Down Notices and Copyright Enforcement:

To address issues of piracy and unauthorized streaming, the new Act introduces provisions for take-down notices. Copyright owners can exercise their digital rights to prevent piracy by issuing written notices to service providers, requesting the removal of infringing materials. For example, if a musician discovers an identical copyrighted song on a streaming platform, they can follow the takedown procedure outlined in the Act. Service providers are then obligated to promptly remove the infringing content and inform both the copyright owner and the alleged infringer about the takedown. This provision speeds up dealing with infringing works, allowing copyright owners to protect their content efficiently.

Suspension of Accounts and Dispute Resolution:

In addition to take-down provisions, the Act empowers service providers to suspend the accounts of recalcitrant subscribers who persistently infringe copyright. This measure acts as a deterrent against repeat offenders and ensures that service providers play an active role in copyright enforcement. The Act also emphasizes fair hearing principles by providing an opportunity for alleged infringers to respond to claims through written counter-notices, asserting their rights if they believe they hold the copyrights to the disputed content. Dispute resolution is facilitated through the Nigerian Copyright Commission (NCC), ensuring a mechanism for resolving conflicts.

Limitation of Liabilities for Service Providers:

Recognizing the role of service providers in facilitating the distribution of digital content, the Act introduces limitations of liabilities to protect these entities. Service providers are shielded from monetary liability for copyright infringement if certain conditions are met. These conditions include the service provider’s lack of knowledge about the infringement, prompt action to remove infringing material upon becoming aware of it, absence of monetary gain from the infringement, and expeditious response to infringement notifications. These provisions strike a balance between copyright protection and the immunity of service providers for user-generated content.

Preventing Liability: Responsibilities for Streaming Platforms

Streaming platforms play a crucial role in the distribution and accessibility of digital content. To prevent liability and comply with the new Nigerian Copyright Act, streaming platforms should take certain measures:

1. Implement Robust Copyright Policies: Streaming platforms should establish clear policies regarding copyright infringement. These policies should outline the process for handling copyright claims, including the receipt and prompt action on take-down notices from copyright owners.

2. Develop Efficient Content Monitoring Systems: Streaming platforms should invest in advanced content monitoring systems that can detect and flag potentially infringing materials. By proactively monitoring uploads and user-generated content, platforms can identify and remove infringing content before it becomes an issue.

3. Educate Users: Streaming platforms should provide educational resources and guidelines to users regarding copyright laws and the importance of respecting intellectual property rights. By fostering a culture of compliance, platforms can empower users to understand and adhere to copyright regulations.

4. Establish Clear Terms of Service: Streaming platforms should have comprehensive terms of service that clearly outline user responsibilities regarding copyrighted content. These terms should emphasize that users must have proper authorization or licenses to upload and share copyrighted materials.

5. Collaborate with Copyright Holders: Building strong partnerships with copyright holders is essential. Streaming platforms should actively engage with copyright owners, providing mechanisms for reporting infringement and promptly addressing their concerns.

Benefits for Digital Content Owners under the New Act

The new Copyright Act brings significant benefits for digital content owners, empowering them with enhanced rights and protections:

1. Increased Control over Digital Distribution: Content creators now have explicit rights to make their works available online. This provision enables digital content owners to control how their works are accessed and distributed, ensuring that they retain the rights to monetize their creations.
2. Expedited Copyright Enforcement: The Act introduces streamlined procedures for copyright enforcement, including the issuance of take-down notices. Digital content owners can swiftly respond to instances of infringement, protecting their works from unauthorized distribution and piracy.
3. Access to Dispute Resolution: The Act provides a mechanism for resolving copyright disputes through the NCC. This allows digital content owners to seek a fair resolution in cases of alleged infringement, promoting a balanced approach to copyright protection.
4. Strengthened Protection against Online Piracy: With the inclusion of digital rights, the Act acknowledges the importance of combatting online piracy. Digital content owners can take advantage of the Act’s provisions to enforce their rights, remove infringing content, and discourage future instances of piracy.
5. Collaboration with Service Providers: The Act encourages collaboration between digital content owners and service providers. By working together, copyright holders and service providers can effectively address infringement issues, protect copyrighted works, and ensure a vibrant digital ecosystem.

The new Copyright Act presents a significant opportunity for digital content owners to assert their rights, combat piracy, and benefit from a more secure and controlled digital environment. By leveraging the provisions of the Act, content creators can safeguard their intellectual property and thrive in the evolving digital landscape.

Conclusively, we can say that the Act also brings much-needed clarity and enforcement mechanisms to the digital landscape. By expanding digital rights, introducing take-down provisions, enabling account suspension, and limiting liabilities for service providers, the Act aims to protect copyright owners and combat piracy in the digital realm. If properly enforced, these provisions will provide the requisite framework for fostering a fair and sustainable ecosystem for creators, digital content platforms, and consumers alike, ensuring that copyright protection remains relevant in the digital age.

Godwin Emefiele the former CBN governor was earlier arrested by the security forces of the State Security Service (SSS) on June 10, 2023 hours after the president suspended him from being the chief executive officer of the Nigerian apex bank. He was kept in the detention facility of the SSS for over a month without access to his lawyers or doctors. 

Some few days ago, a high court sitting in Abuja invalidated his arrest and detention and then mandated the SSS to either charge Mr Emefiele to court if they have a solid case against him or they should let him go home instead of keeping him in their detention facility arbitrarily without a court order. 

In response to this court ruling, the SSS came up with just two court charges against Emefiele. The two-count charges read

COUNT ONE

That you Godwin Emefiele Male of No 8 Colorado Street Maitama Abuja on or about the 15h June 2023 at No. 3b iru Close, Ikoyi, Eti Osa Local Government, Lagos State within the jurisdiction of this Honourable Court had in your possession one (1) Single Barrel shotGun (JOJEFF MAGNUM 8371) without license You thereby committed an offense contrary to Section 4 of the Firearms Act Cap F28 Laws of the Federation 2004 and punishable under Section 27 (1) (b)(i) of the same Act.

COUNT TWO

That you Godwin Emefiele Male of No 8 Colorado Street Maitama Abuja on or about the 15 June 2023 at No 3b iru Close, Ikoyi, Eti Osa Local Government, Lagos State within the jurisdiction of this Honourable Court had in your possession One Hundred and Twenty-Three (123) Rounds of live ammunition (Cartridges) without a license. You thereby committed an offense contrary to Section 8 of the Firearms Act Cap F28 Laws of the Federation 2004 and punishable under Section 27 (1)(b)(ii) of the same Act.

It is interesting to see that a former CBN governor was arrested and detained for over a month and he was only charged for illegal possession of firearms.

It is noteworthy to mention that prosecution of persons for the offense of illegal possession of firearms falls under the purview and jurisdiction of the Nigerian police force and never the State Security Service, especially when it is just one gun. Therefore, it is the police that has been empowered by law to prosecute Emefiele if he is to be prosecuted for that offense and never the SSS.

I want to believe that the SSS have more games to play other than this, as their way, they are definitely coming up with more charges to amend the charge sheet later on to trump up more charges against Emefiele. I want to also believe that Mr Emefiele’s persecution is purely a political vendetta for the role he played during the election period with the naira redesign policy as it hasn’t been seen that he has committed anything illegal other than the discharge of his statutory duties.

It is another opportunity to also remind Nigerians that the former EFCC boss, Mr Abgulrasheed Bawa who was also arrested by the SSS is still in detention and he is yet to be charged to court for over a month now. Maybe he will as well be charged with illegal possession of firearms.