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Introduction

Copyright is one of the most common intellectual property protections for creatives. If you have ever written a book, recorded a song, designed a logo, or developed a mobile app, then you should copyright what you have created. In Nigeria, copyright protection helps you protect your creative work and gives you the legal right to decide how it’s used, shared, or monetized.

Although, artistic works are automatically protected the moment they are created, registering your copyright gives your work legal protection. The body in charge of copyright protection in Nigeria is the Nigerian Copyright Commission (NCC). In this article, we will look at how all that is required to register your copyright in Nigeria.

What Is Copyright?

According to NCC, copyright is the exclusive right granted by a statute to an author (i.e., an artist, writer, publisher, musician, performer, photographer, architect, film maker, and sculptor) of certain works to control the doing of some acts in relation to the work.

What Does a Copyright Protect?

1. Literary works such as novels, stories, poetical works, plays, computer programmes, letters, encyclopedias, law reports
2. Artistic works such as paintings, drawings, maps, plans, woodcuts, works of architecture, sculpture, craftsmanship, etc
3. Musical works (musical notations and compositions)
4. Audio visuals such as YouTube or other online videos
5. Sound recordings
6. Broadcasts

What Cannot be Protected through a Copyright?

1. Formats such as document templates
2. Ideas such as a movie idea
3. Concepts such as concept of a business model
4. Procedures
5. Methods of operation such as method of cooking nature
6. Processes such as a recipe
7. Systems such as the idea of an accounting system
8. Principles such as theories or scientific laws
9. Discoveries or mere data such as discovery of a new plant specie
10. Official texts of a legislative or administrative nature as well as any official translations such as government laws
11. Official state symbols and insignia such as flags, coat-of-arms, anthems, and banknote designs.

Why is it Important to Register a Copyright?

1. It serves as a proof of ownership
2. It makes your ownership visible and discourages others from stealing or copying your work.
3. It helps to strengthens your legal claim in the event of an infringement of your work
4. It helps to boost credibility and value for business owners and creators especially when seeking investors or partnerships.
5. It is an asset
6. It grants you the right to transfer your rights to a third part

Who Owns a Copyright?

Generally, the ownership of a copyright is vested in the author or creator of a work. However, there are situations where a work can be owned by a third party. Where such work is created during the course of the author’s employment and the contracts states that ownership shall vest in the employer then that would be the case except otherwise agreed.

What are the rights of a Copyright Owner in Nigeria?

1. The right to make copies of the work
2. The right to sell or distribute copies of the work to the public
3. The right to perform or display the work in public
4. The right to assign or license the work
5. The right to prevent others from using the work

How do you Know When a Copyright has Been Infringed upon?

1. Publication of a work without consent of the owner
2. Selling and offering for sale any work without the owner’s consent
3. Making or being in possession of devices such as plates, master tapes, machines for the sole purpose of making infringing copies of a work
4. Using of a space for the public performance of a work in a manner that infringes on the right of the owner. However, if the person that authorized the use of such place was not aware and had no reason to suspect that the performance would infringe on the right of the owner then it will not be considered an infringement
5. Reproduction of a copyright work without the owner’s consent
6. Trading or carrying out business activities with a work that has copyright protection

Requirements for Registering a Copyright

Registration is done online an in person with NCC by filling the necessary forms online or visiting their office. Whether you register online or in person, it is the same protection. Please note that, you do not need to register a business before registering a copyright, anyone or entity can register a copyright as far as it falls within what you can copyright. The details required are:

1. Name, phone number, email and address of the author(s)
2. The title and type of work (e.g. literary, musical, artistic, software)
3. The year of creation or publication of such work
4. A digital copy of the work (like a PDF, MP3, or JPEG)
5. Payment of the prescribed fee

Cost of Registration

S/N	ITEM	PAYMENT IN NIGERIA (NGN)	PAYMENT OUTSIDE NIGERIA (USD)
	Registration fee	10,000	60
	Issuance of certified true copy of certificate	5,000	30
	Issuance of certified true copy of form	5,000	30
	Corrections & Changes in submitted data	5,000	30
	Issuance of certified true copy of works below 50 pages (Paper-based only)	5,000	30
	Issuance of certified true copy of works between 51 – 100 pages (Paper-based only)	7,500	40
	Issuance of certified true copy of works between 101 – 200 pages (Paper-based only)	10,000	60
	Issuance of certified true copy of works above 201 pages (Paper-based only)	15,000	90

What is the Timeline for Copyright Registration?

Registration typically takes 10 working days. However, it can extend beyond this if there are issues with the registration.

How long does copyright last?

Generally, the author of a literary, artistic or musical work enjoys copyright throughout his lifetime and 70 years after his death. In the case of films, sound recordings, performances etc., the owner enjoys Copyright for 50 years from the time the work was first published. Thereafter, the work goes to the public domain when the term of protection expires and third parties are allowed free use.

Common Mistakes People Make When Registering a copyright

1. Submitting incorrect information
2. Uploading unclear or incomplete work samples
3. Forgetting to include all authors or contributors where there are more than one
4. Using a third party’s email address
5. Not keeping proof of payment

Can Foreigners Register Copyright in Nigeria?

Yes. If your work was first published in Nigeria or your country has a reciprocal agreement with Nigeria, you can register.

Conclusion

Registering your copyright in Nigeria is more than just ticking a box, it’s about protecting your creativity and securing your rights as an author or business owner. Although copyright registration is not mandatory, it gives you legal evidence whether or not your ownership is ever challenged. If you would like professional help with the registration process, Firmus Advisory is the most suitable for the job.