EXAMINING THE INTERPLAY OF NIGERIAN COPYRIGHT ENFORCEMENT INSTITUTIONS AND MECHANISMS AGAINST PIRACY

Abstract

The legal framework for copyright enforcement in Nigeria is built on a variety of instruments and institutions, utilising some overlapping judicial, quasi-judicial and administrative mechanisms to address different copyright enforcement needs, amongst which is enforcement against piracy. This study aimed to establish enforcement linkages between the Nigerian Copyright Commission (NCC) and some law enforcement institutions, including the Nigeria Customs Service, Nigeria Police, and Economic and Financial Crimes Commission. Utilising doctrinal methodology, the study did a thorough analysis of the enabling legislation of these institutions in addition to the multi-purpose Proceeds of Crime (Recovery and Management) Act (POCA), 2022. The study found that there is a plethora of laws guiding copyright enforcement, thus making it functionally dependent on multi-agency collaboration. However, an interrogation of the intersection points of some of the enabling laws, mandates and activities of these agencies relative to the NCC’s mandate and activities, and the needs of the right holder, showed certain gaps that are prone to exploitation by copyright violators. Benefiting also from an examination of some other African jurisdictions, the study recommended, amongst other measures, legislative and institutional reforms to keep Nigerian copyright enforcement well ahead of the criminality curve.