NIGERIAN COPYRIGHT COMMISSION: VIRILE BATTLE AGAINST PIRATES
A review of the remarkable achievements of the Nigerian
Copyright Commission in the last two years by Justin Akpori –
Esade in the Thursday, January 17, 2008 edition of Guardian
Newspaper page 80 in worth commending.
The Nigerian Copyright Commission according to him is a Government
Parastatal which is saddled with the responsibility of chasing pirates
off the works of artistes and other intellectual property owners is on
its way up. The Director – General of the Nigerian Copyright Commission,
NCC, Mr. Adebambo Adeqopo listed the achievement of the commission under
the strategic Action Against piracy, STRAP initiative.
Established in August 1989, the Nigerian Copyright Commission (NCC)
currently in transition to Nigerian Intellectual Property Commission
(NIPCOM) has through the prosecution of its STRAP campaign enhanced the
actualization of its statutory mandate under the Nigerian Copyright Act
(1988) as amended in the areas of enforcement, administration of rights
and public awareness.
The commission’s regulatory and enforcement functions cover the creative
genres of literary works, musical works, artistic works sound –
recording, broadcasts, performances and expression of folklore.
According to Adebambo Adewopo, achievement s under STRAP include:
proactive enforcement which, involved vigorous anti-piracy raids across
the country in collaboration with the police and genuine stakeholders. A total of 19,312,000 seizure of suspected pirated works worth N3.03
billion were made while about 325 affects were during 85 anti-piracy
raids. Over N2 billion worth of impounded pirated products have been
destroyed by public burning the Arts page of that feature reported. Intensive prosecution has been going on insistently. Over 60 different
cases of copyright violation are currently being prosecuted in Federal
High Courts Nationwide. A total of four convictions were secured out of
which two were against book piracy while the other two were on broadcast
piracy.
Provision of free legal counseling to stakeholders and all interested
persons on the varied and sometimes complex subject of intellectual
property.
Copyright litigation and mediation programme was initiated as a
component of STRAP. It also serves as an avenue of encouraging out-of
court settlement to avoid being caught up in the usually long – winded
process of administration of Justice, while still ensuring the
protection of the interest of aggrieved while still ensuring the
protection of the interests of aggrieved right owners. As a result, for
copyright cases were settled out of court on the platform of CLAMP. Issuance and implementation of copyright (Optical Discs Plants)
regulation 2006: Introduction of Regulation of Replicating Plants to
forestall continuous illegal production and distribution of copyright
products, Via the initiation of the copyright (Optical Discs Plants),
Regulation 2006 published in the Federal Government Official Gazette No.
63 Vol. 93 of 20th December 2007.
The Director – General, Mr. Adebambo Adewopo of the Nigerian Copyright
Commission listed some of the commission’s achievements in the immediate
past year as collaboration with other Government agencies, inspection of
copyright outlets among others as some of the efforts the commission out
into place to ensure a virile collection administration sector.
He explained “to strengthen its operations, the Commission has initiated
collaboration with other Government agencies like the Nigerian police
Force, Economic and Financial Crimes Commission (EFCC) Standard
Organization of Nigeria, (SON) BAFDAC and the Nigerian Customs Service.
To this end, two infringing replication plants – Magnet Integrated
Ventures Company, Ajah and Akina Music International Company Limited
Ikeja, were raided and sealed up for infringement of the copyright ACT. A total of 386 plants/outlets dealing in copyright protected works were
inspected in course of the year. Revitalization of Copyright
Notification Scheme, Mr. Adebambo Adewopo, noted was set in motion to
facilitate the establishment of data bank of authors and their works. The scheme is a process where by an author of a copyright work or right
owner notifies the commission that he is the creator of a work or the
copyright owner. Under this scheme, a total of 445 copyright works were
received out of which 249 certificates have been issued.
And to create widespread public aware says justice Akpori – Esade, the
Reviewer of the immediate past achievements added, the commission
embarked on integrated community campaign under STRAP to step up
sensitization of Nigerians on copyright issues.
There was also the commissioning of the first copyright library at the
commission’s Headquarters in Abuja in addition to is main library in
Lagos .
The NCC Boss also unveiled their plant to resuscitate Hologram and video
Rental Schemes :The commission under STRAP is repacking its Hologram and
video schemes for effectiveness through construction engagement pf
stakeholders. The Commission has mapped out an action plan for
reintroduction of strengthened stamps procured and affixed by producers
as anti – piracy security device on music and film products at
production level. In the same vein the Director – General is optimistic
that the renewed Video Rental Scheme would check copyright infringement
via mandatory accreditation of video rental outlets, which may only rent
the prescribed rental copies of creative works, reproductions of which
is illegal.
Major training programmes on enforcement operations were held at NDLEA
Training Academy in Jos, Plateau State and in collaboration with
International Federation of Phonographic Industries (IFPI) in Lagos .
The Commission as at today, at this moment you are reading this piece
partners the World Intellectual Property Organization, (WIPO) and allied
International Development Bodies in the area of manpower Development. For enhanced operations and efficiency, the organogram of the Commission
has been restructured, while Zonal operations have been strengthened for
effective enforcement and public enlightenment interventions. Some
operational vehicles and communication facilities have been acquired. The Chief Executive Officer, Mr. Adebambo Adewopo expressed satisfaction
that the Commission research efforts received unprecedented boost when
the Ford Foundation, an International Donor Agency, in demonstration of
support for the Commission’s STRAP, gave it grant for sponsorship of a
study on the copyright situation in Nigeria.
The Committees to assist in actualizing the research have been
inaugurated, the Pilot test has been concluded while the last– stage of the fieldwork has commenced. The Commission is also
carrying out a research on the area of Intellectual Property
Teaching in Nigeria.
In March 2006 to be specific, as requested by the Embassy of
the United States of America, the Commission Submitted a
proposal on the Documentation of Nigerian Indigenous Folklore
Resources: Nasarawa State: Pilot Study. Response from the
Embassy indicates that the proposal has received preliminary
approval and has been forwarded to their Washington Office for
final approval. He made clarification on the proposed
transition of the NCC to NIPCOM. The Federal Government of
Nigeria in the preceding regime approved the establishment of
the Nigerian Intellectual Property Commission (NIPCOM) under
the Federal Ministry of justice. Government also; directed The integration of the Trademark and Patent Registry in
Federal Ministry of Commerce and Industry into the NCC to form
the new NIPCOM. An Executive Bill for enactment and
promulgation of an enabling law for establishment of NIPCOM is
presently before the National Assembly.
Perhaps one of the Major achievements of the Government body
particularly last year was the reported United States
delisting of Nigeria from special 301 lists. The Government of
United States has in recognition of Nigeria’s Spirited efforts
at checking the incidence of copyright and Intellectual
Property violations removed the country from the special 301
lists of countries blacklisted for the rising Incidence of
Intellectual Property thefts referred to as piracy and
counterfeiting.
Former United States Ambassador to Nigeria , Mr. John Campbell
disclosed this in a commendation letter dated June 6, 2007
addressed to NCC Boss on Nigeria ’s delisting. Serial 301 is a
Federal law that defines the US measures against countries
Identified as denying effective protection for Intellectual
property. The current President Commended the NCC for its role
in facilitating the delisting of Nigeria for the first time
for special 301 the Attorney – General of the Federation and
Minister of Justice to, Chief Michael Kaase Aondoiakaa; 22,
2007, Stated that Government was aware that until now, the
country had always been on the U.S. Special 301, adding that
the President has deemed the Commission as deserving of
commendation in creating an enabling environment for the
country’s unprecedented delisting through enhanced copyright
and Intellectual Property Protection as evident in the
Introduction and execution of the STRAP. This is besides;
Commendations by some other relevant stakeholders in the Copyright Community like the
International Federation of phonographic Industries (IFPI), Performing
Musicians Employers Association of Nigeria (PMAN) and Music label owners
and Recording Industries Association of Nigerian (MORAN) among it is
glaring that in the last two years, the Commission has recorded
remarkable achievements in the Area of enforcement, active The efforts
had led to Increased level of copyright awareness, reduction in
activities of Pirates, Prosecution of more copyright offenders in Federal
High Courts across the country, improvement in the earnings of right
owners; confiscation and burning of large volumes of infringing copyright
in the global fight owners favourable perception against piracy,
conviction of pirates and increasing willingness to comply with the
revisions of the copyright law by users of works protected by copyright.
All of these have enabled the Commission of improve on its
service delivery and operational efficiency Nationwide. This
is saying Kudos to the Management of Nigerian Copyright
Commission under the leadership of Mr. Adebambo Adewopo.
However, a lot of work still needs to be done in the area of
enforcement. For instance, the Commission should intensity its
raid on Street sellers of suspected pirated works, a
development some critics could say make the business a risky
are. The situation where Street Sellers besiege motorists at
traffic hold ups, displaying Music CDs and VCDs as well as
movies suspected to be involved in the nefarious business;
more energy should be channeled blocking other sales outlets
Street Sellers.
The inability to successfully checkmate activities of traders
at Alaba International Market is one minus for the Commission
last year. However, last Month at a stakeholder’s forum,
Practitioners from all the sections of the Industry gave it a
go – ahead to raid the Market. It is therefore hoped that the
encouragement form stakeholders will recognize the
commission’s efforts and carry on the battle with more zeal
and vigour.
By: Emmanuel Y. Kwache,
Freelance Journalist and
Commentator on National
Issues, 30 Gambia Crescent ,
Bekaji Estate, Jimeta – Yola,
Adamawa State.
080 – 34363618,080 – 55531977
E-mail: emmanuelyamekwache@yahoo.com