The Right to Research in Africa: Making African Copyright Whole

The imbalance existing within the African copyright ecosystem in relation to access to information for research and education became more prominent during the COVID-19 pandemic. As teaching, learning and research inevitably occur on digital platforms, learners and researchers continue to grapple with the challenges of accessing materials owing largely to the protection of these resources under copyright law. Similarly, African libraries and knowledge curators found themselves ill-equip to perform their role of enabling access to information. To create the balance, therefore, there is a dire need for the recalibration of the African copyright system from the perspective of human rights law. Can the balance be achieved through the construction of a human right to research? In view of the existing broad freedom of expression, right to science and culture, education, and property in the global, regional and national human rights regime, is a specific right to research in Africa necessary and justifiable? If it is necessary and justifiable, what should be its minimum core components? Are there existing international and national regimes to support the formulation of a human right to research in Africa? Conducted as desk research and scoping study, this work unpacks and addresses the issues with the aim of constructing a human right to research in Africa

Development, concept and scope of copyright protection in Nigeria: an overview

The development of copyright protection regime has an inexorable link with economic development and growth. This is so because as the economy of a nation advances, so the creative industry grows; and so also does the need for access to the products of this industry on the part of the public grow. This brings with it the risk of a rise in the unjustified exploitation of copyright works to the disadvantage of rights owners. Thus, it is imperative to constantly review particular copyright systems to determine conformity with basic global standards. This forms the aim of this paper which focuses essentially on basic issues relating to the development, concept and the scope of protection afforded copyright in Nigeria. The paper finds that the scope of copyright protection in the Nigerian legal system is quite extensive as it complies with basic global best practice. It recommends that for a more complete meaning of the concept ‘copyright,’ focus should not only be on the creators but on owners of the work. It also suggests a way for more effective administration of folklore protection.Key words: Copyright Protection; Intellectual Property; Performing Rights; Folklore

Statutory limitations to testamentary freedom in Nigeria: A comparative appraisal

In Nigeria, a person when alive often has the freedom to dispose of his property to whomever he chooses. However, when he dies, limits have been put upon that freedom by legislation in some states of the country, when he has made a will concerning the disposition of his estate. These restrictions to testamentary freedom are often justified on cultural, religious, moral and social grounds. This paper appraises these limits to testamentary freedom in Nigeria, while comparing it with the positions in England, Ghana and South Africa. The question as to whether or not the limitations to testamentary freedom are justified is also considered in the paper. The paper finds that some limitations whilst worthy ideals and thus justified, could bring about unrealistic and impracticable results while some totally take away freedom from the testator. The paper recommends that a balance between the wishes of the testator and following the strict letter of the statutes as to the limitations be found so as to as much as possible, give effect to the desires of the deceased testator as stated in his will.Keywords: Testamentary freedom, Testator, Will; Igiogbe, Successio

Beyond the Marrakesh VIP Treaty: Typology of copyright access-enabling provisions for persons with disabilities

This paper builds upon the evidence drawn from a scoping study on access to copyright works by persons with disabilities. It identifies and discusses specific access‐enabling technologies for persons with aural, cognitive, physical, and visual disabilities and how they are affected by the exercise of exclusive rights. It shows how, and the extent to which states\u27 ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (Marrakesh Treaty) has enabled the making of accessible format of copyright works for persons with disabilities. To this end, the paper examines patterns and trends of accessible format enabling provisions in the copyright laws of World Intellectual Property Organization (WIPO) member states

Beyond the Marrakesh VIP Treaty: Typology of copyright access-enabling provisions for persons with disabilities

This paper builds upon the evidence drawn from a scoping study on access to copyright works by persons with disabilities. It identifies and discusses specific access‐enabling technologies for persons with aural, cognitive, physical, and visual disabilities and how they are affected by the exercise of exclusive rights. It shows how, and the extent to which states\u27 ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (Marrakesh Treaty) has enabled the making of accessible format of copyright works for persons with disabilities. To this end, the paper examines patterns and trends of accessible format enabling provisions in the copyright laws of World Intellectual Property Organization (WIPO) member states

Monkey Selfie and Authorship in Copyright Law: The Nigerian and South African Perspectives

A photograph taken by a monkey is in the centre of a copyright claim in the famous monkey selfie case in the United States of America. Suing as next friend of the monkey, named Naruto, the People for the Ethical Treatment of Animals contended that copyright in the photograph belongs to the monkey as author of the photograph since the monkey created the photograph unaided by any person. On the motion of the defendants, the case was dismissed by the US district court on the ground that the concept of authorship under US Copyright Act cannot be defined to include non-human animals. The dismissal order was confirmed by a three-judge panel of the US Court of Appeal of Ninth Circuit a request for an appeal before a panel of eleven judges of the appellate court was denied. This paper reviews the case in the light of the concept of authorship and ownership, with specific focus on the authorship of photographs, under the Nigerian Copyright Act and South African Copyright Act. In so doing, it examines and relies on Ginsburg's six principles for testing authorship to test the authorship of photographs under the Acts. It also relies on the concepts of subjective rights and legal personality to explain the implication of conferring copyright ownership on non-human animals. It argues that for authorship of and ownership of the copyright in a photograph to be established under the Nigerian Copyright Act and South African Copyright Act, a legal person must have created the photograph. Consequently, for the purposes of argument, the paper proceeds on the assumption that the monkey selfie case originated from Nigeria or South Africa. After analysing relevant statutory provisions and case law, the paper finds that the Nigerian Copyright Act and the South African Copyright Act do not envisage the conferral of authorship in particular, and copyright protection in general, to a non-human animal. It then concludes that the courts in both countries would not reach a different conclusion from the one made by the US courts.   &nbsp

The Right to Research in Africa: Making African Copyright Whole

The imbalance existing within the African copyright ecosystem in relation to access to information for research and education became more prominent during the COVID-19 pandemic. As teaching, learning and research inevitably occur on digital platforms, learners and researchers continue to grapple with the challenges of accessing materials owing largely to the protection of these resources under copyright law. Similarly, African libraries and knowledge curators found themselves ill-equip to perform their role of enabling access to information. To create the balance, therefore, there is a dire need for the recalibration of the African copyright system from the perspective of human rights law. Can the balance be achieved through the construction of a human right to research? In view of the existing broad freedom of expression, right to science and culture, education, and property in the global, regional and national human rights regime, is a specific right to research in Africa necessary and justifiable? If it is necessary and justifiable, what should be its minimum core components? Are there existing international and national regimes to support the formulation of a human right to research in Africa? Conducted as desk research and scoping study, this work unpacks and addresses the issues with the aim of constructing a human right to research in Africa

Monkey Selfie and Authorship in Copyright Law: The Nigerian and South African Perspectives

A photograph taken by a monkey is in the centre of a copyright claim in the famous monkey selfie case in the United States of America. Suing as next friend of the monkey, named Naruto, the People for the Ethical Treatment of Animals contended that copyright in the photograph belongs to the monkey as author of the photograph since the monkey created the photograph unaided by any person. On the motion of the defendants, the case was dismissed by the US district court on the ground that the concept of authorship under US Copyright Act cannot be defined to include non-human animals. The dismissal order was confirmed by a three-judge panel of the US Court of Appeal of Ninth Circuit a request for an appeal before a panel of eleven judges of the appellate court was denied. This paper reviews the case in the light of the concept of authorship and ownership, with specific focus on the authorship of photographs, under the Nigerian Copyright Act and South African Copyright Act. In so doing, it examines and relies on Ginsburg's six principles for testing authorship to test the authorship of photographs under the Acts. It also relies on the concepts of subjective rights and legal personality to explain the implication of conferring copyright ownership on non-human animals. It argues that for authorship of and ownership of the copyright in a photograph to be established under the Nigerian Copyright Act and South African Copyright Act, a legal person must have created the photograph. Consequently, for the purposes of argument, the paper proceeds on the assumption that the monkey selfie case originated from Nigeria or South Africa. After analysing relevant statutory provisions and case law, the paper finds that the Nigerian Copyright Act and the South African Copyright Act do not envisage the conferral of authorship in particular, and copyright protection in general, to a non-human animal. It then concludes that the courts in both countries would not reach a different conclusion from the one made by the US courts.Keywords:  Monkey selfie; authorship; copyright; photographs; Nigeria; South Africa

Beyond the Marrakesh VIP Treaty: Typology of copyright access-enabling provisions for persons with disabilities

This paper builds upon the evidence drawn from a scoping study on access to copyright works by persons with disabilities. It identifies and discusses specific access‐enabling technologies for persons with aural, cognitive, physical, and visual disabilities and how they are affected by the exercise of exclusive rights. It shows how, and the extent to which states\u27 ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (Marrakesh Treaty) has enabled the making of accessible format of copyright works for persons with disabilities. To this end, the paper examines patterns and trends of accessible format enabling provisions in the copyright laws of World Intellectual Property Organization (WIPO) member states