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Africa: Experts canvass whistle blower policy on piracy


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Intellectual property experts have called for the promulgation of a whistle blower policy to check piracy. They urged the Nigerian Copyright Commission (NCC) to initiate a regulatory scheme for compulsory registration of copyright and a whistle blower policy to strengthen its renewed drive for enhanced copyright protection and effective anti-piracy enforcement.

The call was made at a lecture at the NCC Kwara State office, as part of activities in commemoration of the commission’s 30th anniversary theme: “Changing the Copyright Narrative for Wealth Creation”. It had as keynote speaker, an Intellectual Property (IP) lecturer and Acting Head of Department of the College of Law, Kwara State University, Malete, Dr. Abdullahi Saliu Ishola.

Proffering some practical solutions towards changing the copyright narrative in Nigeria, Ishola stated that the Commission should initiate proactive measures to check the prevalence of piracy, engender positive attitude of copyright owners and enlist an active role for right owners in the copyright system.

Calling for a review of the Copyright Collective Management Organisations Regulations, he urged the commission to invoke its discretionary powers in Sections 38(1) and 39 of the Copyright Act to approve CMOs as its enforcement agents by appointing some of them as copyright inspectors. He said: “NCC should accredit NGOs as copyright activists like the Corporate Affairs Commission accredits lawyers, accountants and chartered secretaries to work for it as partners, relying on Section 45 of the Copyright Act which prescribes that the supervising minister can prescribe regulations for purposes of the Act”.

The senior lecturer opined that copyright registration should not be optional, adding that all educational materials “should be officially copyrighted so that when people want to study, the registered works will be a standard”. He expressed concern over the high cost of foreign books that leads to them being pirated, urging NCC to encourage foreign publishers to come and publish the Nigerian edition of their works in the country to reduce costs.

Dr. Ishola who commended the NCC, efforts at implementation of its mandates, canvassed for religious and cultural support for copyright, and underscored the need for awareness that Islamic law supports copyright through adoption of ‘waqf’ endowment for exploitation of religious works and creation of employment opportunities.

Chairman on the occasion, Prof Olu Obafemi, represented by Prof. Abubakar Abdullahi, both of the Department of English, University of Ilorin (UNILORIN), in his remarks, emphasised that in order to change the copyright narrative for wealth creation in Nigeria, the scourge of piracy must be tamed. Prof. Obafemi expressed concern that the copyright industry was not being adequately funded and decried the attitude of Nigerians in patronising cheap pirated works without minding the loss to copyright owners, noting that unduly long litigation constituted a drawback to the fight against piracy. He added that lack of incentive in the creative industry was a discouragement to creative enterprise in the country.

NCC Director-General Mr. John Asein, while appreciating the support of stakeholders, restated the Commission’s partnership with the Kwara State Government and key players in the creative industry to enabling a vibrant exploitation of the rich cultural endowments of the state, especially in the creative arts.

Represented by the Director of Public Affairs, Mr. Vincent A. Oyefeso, the Director-General stated: “Today, we are in the global era of knowledge economy and Kwara State can leverage on the copyright system to grow its state economy on a sustainable basis as well as contribute to the national economy. In this wise, NCC is committed to continue to partner with the State Government to attain its development goals, especially in the creative sector. The Commission is also committed to enhanced collaboration with all authors and stakeholders in the copyright based industry to change the copyright narrative for sustained and sustainable wealth creation and national development.”

Senior Lecturer in Faculty of Law, University of Ilorin, Dr Kayode Adam, had noted that the current copyright narrative was inherited or borrowed from the British legal system, adding that Nigeria’s copyright policies should be based on its fundamental national values. Dr. Adam stated that a new copyright narrative would serve three purposes, namely guide the adoption of a national copyright policy; assist judges in correct interpretation of our copyright law; help in creating awareness on Nigeria’s copyright values and law.

Chairman of Kwara State House Committee on Land, Housing and Urban Development, Honourable Awodiji Tayo Felix, in a goodwill message, assured that the State House of Assembly would support the Commission’s bid to review the Copyright Act in the interestof right owners and for sustainable development of the copyright industries and the economy.

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