FAIR DEAL

EFFICACY OF THE DEFENCE OF FAIR DEAL IN COPYRIGHT CLAIMS IN NIGERIA

Faculty
Department
Year of Publication
Publication Type
Abstract
This research endeavors to explore and enhance the understanding of fair dealing within the framework of copyright law in Nigeria. Part of its objectives encompasses defining the nature and scope of fair dealing, examining provisions of the Copyright Act related to copyright infringement, determining specific acts constituting fair dealing, and comparing this concept under the Nigerian Copyright Act with "Fair Usage" in other jurisdictions. Additionally, the study aims to identify challenges faced by defendants utilizing fair dealing as a defense and proposes measures to fortify the legal framework for 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 from the interpretation and application of fair dealing provisions, leading to uncertainties for users and creators navigating the legal landscape. The study emphasizes the need for educational campaigns to address limited awareness and understanding, promoting responsible navigation of copyright issues. Moreover, the research highlights the evolving challenges posed by digital technologies, necessitating adaptive measures to align fair dealing provisions with contemporary realities. In conclusion, the thesis advocates for a comprehensive strategy to fortify fair dealing in Nigeria, recommending clarity in legislation, extensive educational efforts, ongoing judicial interpretation, and international benchmarking. These components are deemed integral for fostering a copyright environment that harmonizes creators' rights with the public interest. By addressing these recommendations, Nigeria can navigate the evolving challenges 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 clarity and specificity in legislation, implementing education and awareness programs, developing guidelines and best practices, regularly reviewing and updating legislation, balancing rights and interests, promoting alternative dispute resolution mechanisms, engaging in international collaboration, conducting public consultations, and addressing technological considerations. These recommendations collectively form a multifaceted approach aimed at fostering a balanced and informed copyright environment in Nigeria.
Supervisor(s)
co-supervisor