EFFICACY OF THE DEFENCE OF FAIR DEAL INCOPYRIGHTCLAIMS IN NIGERIA

This research endeavors to explore and enhance the understanding of fair dealing withinthe framework of copyright law in Nigeria. Part of its objectives encompasses definingthe nature and scope of fair dealing, examining provisions of the Copyright Act relatedto copyright infringement, determining specific acts constituting fair dealing, andcomparing this concept under the Nigerian Copyright Act with "Fair Usage" inother jurisdictions. Additionally, the study aims to identify challenges faced by defendantsutilizing fair dealing as a defense and proposes measures to fortify the legal frameworkfor fair dealings in Nigeria. The findings of this study underscore critical aspects of Nigeria's copyright landscape. The defense of fair dealing is revealed to be inadequately addressed in the current Copyright Act, marked by ambiguity and lack of specificity. Challenges arise fromtheinterpretation and application of fair dealing provisions, leading to uncertainties for users and creators navigating the legal landscape. The study emphasizes the needfor educational campaigns to address limited awareness and understanding, promotingresponsible navigation of copyright issues. Moreover, the research highlights theevolving challenges posed by digital technologies, necessitating adaptive measures toalign fair dealing provisions with contemporary realities. In conclusion, the thesis advocates for a comprehensive strategy to fortify fair dealinginNigeria, recommending clarity in legislation, extensive educational efforts, ongoingjudicial interpretation, and international benchmarking. These components are deemedintegral for fostering a copyright environment that harmonizes creators' rights withthepublic interest. By addressing these recommendations, Nigeria can navigate the evolvingchallenges posed by technology and creative practices while upholding the principles of XV fair dealings.To ensure the continuous efficacy of the defense of fair dealing in Nigeria, the study proposes a set of recommendations. These include ensuring clarityandspecificity in legislation, implementing education and awareness programs, developingguidelines and best practices, regularly reviewing and updating legislation, balancingrights and interests, promoting alternative dispute resolution mechanisms, engagingininternational collaboration, conducting public consultations, and addressingtechnological considerations. These recommendations collectively forma multifacetedapproach aimed at fostering a balanced and informed copyright environment in Nigeria.