Famsville Solicitors

Identification and Proof of Copyright Infringement in Copyrighted Works

Copyright infringement basically entails the violation and piracy of an author’s exclusive right through the unauthorised use of a copyrighted work. It is imperative that creatives differentiate their work from another author of designated works, otherwise the same will amount to an infringement.

Section 15 of the Nigerian Copyright Act (“NCA”) set out various acts which constitutes infringement of copyright and it includes the unauthorised doing of acts in respect of which the copyright owner has been accorded exclusive rights as well as various dealings, usually of a commercial nature, in infringing copies of copyright works. The acts which constitute infringement include the unauthorised making, copying or reproduction, publication, public performance, distribution, broadcast and adaptation of the work. The doing of any of these acts without the consent of the copyright owner constitutes infringement unless such act falls within the scope of the exceptions from copyright control. 

This article aims at identifying and providing how to prove copyright infringement in a protected work.

Highlights Of The Securities And Exchange Commission’s Proposed Rule On Social Bonds In The Nigerian Capital Market

On the 7th of June, 2021, the Securities and Exchange Commission (“SEC”) (“the Commission”) published its proposed Rule (“Rule”) on Social Bonds in the Nigerian Capital Markets. The Rule, according to the Commission, was borne out of the increased volume of social bonds issued in 2020 (85$ billion), which was 8 times higher than the volume issued in 2019 ($10.6) billion, and the key rise in ethical investments by investors as well as the government.  

In this short article, we have highlighted the key elements of the Rule and the possible impacts of social bonds in the Nigerian Economy.

Financing Model Options for Start-Ups in Nigeria and key legal considerations

It is a notorious fact that most business ideas never make it to the market, mostly because of lack of funds. The inability to get the needed funds to kickstart a business or to sustain it is the biggest challenge for most entrepreneurs in Nigeria and across the world. While the availability of funds does not guarantee a successful business venture, the absence of funds will certainly get the business nowhere.

In this article, we discuss some of the financing options available to start-ups in Nigeria, highlighting the pros and cons of each and the factors a start-up should consider before exploring any of them. This is essential because choosing the right source of capital is a decision that will influence a company for a lifetime

Jurisdiction of the National Industrial Court in maritime labour claims: A Review of the court of appeal decision in MT SAM PURPOSE V AMARJEET SINGH BAINS

On the 5th of March 2021, the Court of Appeal of Nigeria, Lagos Division, delivered a landmark judgment in the case of MT Sam Purpose (Ex MT. Tapti) & Anor v Amarjeet Singh Bains & 6 Ors (“MT Sam Purpose v Amarjeet Singh Bains”).[1]The appeal arose from the ruling of the Federal High Court (“FHC”), Lagos Division delivered on 22nd May, 2020.[2] In resolving the primary issue before the Court of Appeal, that is, which Court between the Federal High Court (“FHC“) and the National Industrial Court (“NIC”) has exclusive jurisdiction over maritime labour claims, the Court of Appeal relied on the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (“Constitution”), the Admiralty Jurisdiction Act (“AJA”), the Merchant Shipping Act (“MSA”), the Labour Act and judicial precedence to hold that the NIC is the Court vested with exclusive jurisdiction to entertain maritime labour claims bordering on the wages of crew members and or seamen.

This decision has generated a lot of controversies and heated debates among labour and maritime practitioners and has brought to the front burner the need for a re-examination of the jurisdictional scope of the above-named Courts in the light of constitutional provisions, particularly as it relates to maritime labour claims.

Before delving into the facts of MT Sam Purpose v Amarjeet Singh Bains and a review of the judgment, it is important to briefly discuss jurisdiction in maritime labour claims.

WHAT MUSICIANS SHOULD KNOW ABOUT COPYRIGHT LAW IN NIGERIA

Copyright is a legal term used to describe the rights that creatives have over their literary, musical or artistic works. It is a type of intellectual property that confers exclusive right on the copyright owner and excludes any other person from reproducing or exploiting the work without the authorization of the copyright owner. Creators of designated works, in this instance, musicians must have made sufficient effort in addition to the work being fixed in a tangible medium of expression from which it can be perceived or reproduced before they can be protected under the law. For instance, recording a song in an audio file or writing down the notation of a score amounts to fixation.

It is worth mentioning that the two works which emanate from the recording of a song that are protected by copyright are the musical works and sound recording. These works, being owned separately and made subject to different rules are protected and licensed separately.

This article shall delve into the rights accruable to the owner of a musical composition, exploitation of these rights as well as the protection of their work