International Versus National Framework of Legal Protection of Performers’ Rights in Nigeria
Authors:
ODUNAIKE Dorcas
Publication Type: Journal article
Journal:
ISSN Number:
0
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Abstract
Although the territorial nature of intellectual property enhances its effectiveness only within the national boundaries of a state, much of the national legislation on intellectual property promulgated by a state is derived from rules of international application. Hence, domestic law on performers rights in Nigeria encapsulated in the Copyright Act, Cap. C28 Laws of the Federation of Nigeria, 2004 derives its minimum standard of protection from the Berne Convention for the Protection of Literary and Artistic Works,1886 (otherwise referred to as Berne Convention of 1886); International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, 1961 (also known as the Rome Convention of 1961), followed by the Agreement on Trade- Related Aspects of Intellectual Property Rights, 1994 (otherwise referred to as TRIPS) to which Nigeria have acceded . The WIPO Performances and Phonograms Treaty (WPPT) 1995 and the Beijing Treaty on Audio-visual Performances (BTAP), 2012 also made provision for legal protection of performances and audio-visual performers although not yet acceded to by Nigeria. The aim of this paper is to examine the provisions of these international instruments with the view of highlighting the development overtime internationally as well as the gap in the Nigerian Copyright Act.