共享资源:各地著作权法规/尼日利亚
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著作权法规： 尼日利亚 快捷方式: COM:尼日利亚 | |
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| 保护期限 | |
|---|---|
| 标准 | 作者逝世+70年 |
| 照片 | 出版 + 50年 |
| 匿名 | 出版 + 70年 |
| 视听作品 | 出版 + 50年 |
| 政府作品 | 出版 + 70年 |
| 其他 | |
| 全景自由 | 否 |
| 截至年底 | 是 |
| 一般授权条款标签 |
{{PD-Nigeria}} {{PD-old-70}} |
| 协议 | |
| 伯尔尼公约 | 1993年9月14日 |
| 世界贸易组织成员 | 1995年1月1日 |
| 乌拉圭回合协议法案回溯日期* | 1996年1月1日 |
| 世界知识产权协议 | 2018年1月4日 |
| *只要一个作品在美国可以受版权保护，在1928年12月31日之后发表，并在来源国的URAA日期受版权保护，那么它通常会在美国受保护。 | |
This page provides an overview of copyright rules of Nigeria relevant to uploading works into Wikimedia Commons. Note that any work originating in Nigeria must be in the public domain, or available under a free license, in both Nigeria and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Nigeria, refer to the relevant laws for clarification.
背景
Nigeria state originated from British colonial rule beginning in the 19th century, and took its present territorial shape with the merging of the Southern Nigeria Protectorate and Northern Nigeria Protectorate in 1914. Nigeria became a formally independent federation on 1 October 1960.
Nigeria has been a member of the Berne Convention since 14 September 1993, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 4 January 2018.[1]
As of 2023 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 2022 (Act No.8 of 2022 as the most recent main copyright law enacted by the legislature of Nigeria.[1] WIPO holds the text of this law in their WIPO Lex database.[2] This law repeals the Copyright Act of 1988 (Chapter C.28, as codified 2004), a copy of which is also available at WIPO Lex database.[3]
- Retroactivity
The 2004 act repealed the Copyright Act 1970.[C.28/2004 Art.52] It applies retroactively.[C.28/2004 5th Schedule]
The 2022 act is apparently not retroactive: "The Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004 is repealed."[No.8/2022 Sec. 106(1)] And, "Without prejudice to section 6 of the Interpretation Act, the repeal of the enactment specified in subsection (1), shall not affect anything doneunder the enactment."[No.8/2022 Sec. 106(3)] The act became effective on 17 March 2023.[4]
持续时间
Under the Copyright Act of 1988 (Chapter C.28, as codified 2004), the terms of protection are:
- Anonymous or pseudonymous works are protected until 70 years after the end of the year of publication.[C.28/2004 Art.2(3)]
- Literary, musical or artistic works other than photographs: 70 years after the end of the year in which the author dies.[C.28/2004 1st Sched/1]
- In the case of government or a body corporate, 70 years after the end of the year in which the work was first published.[C.28/2004 1st Sched/1]
- Cinematograph films and photographs. 50 years after the end of the year in which the work was first published.[C.28/2004 1st Sched/2]
- Sound recordings. 50 years after the end of the year in which the recording was first made.[C.28/2004 1st Sched/3]
- Broadcasts. 50 years after the end of the year in which the broadcasting first took place.[C.28/2004 1st Sched/4]
Notice there is no exception for government works – quite the opposite, they are very broadly covered: " Copyright shall be conferred by this section on every work, which is eligible for copyright and is made by or under the direction or control of the Government, a State authority or prescribed international body."
版权标签
参见：共享資源:著作權標籤
- {{PD-Nigeria}} – for following types of works:
- a) cinematograph films or photographs 50 years after first publication;
- b) sound recordings 50 years after creation;
- c) broadcasts 50 years after first taking place;
- d) other works 70 years after author's death or in case of governmental or corporative authorship – 70 years after first publication.
货币
参见：共享资源:货币
不可以. There is no copyright exemption for government works. (discussion)
全景自由
参见：共享资源:全景自由
不可以, no longer applicable for new uploads (of photos) starting 17 March 2023. Under the Copyright Act, 2022 (Act No.8 of 2022), "The rights conferred in respect of a work under sections 9-13 of this Act, do not include the right to control any of the acts specified in those sections by way of fair dealing for purposes such as ... the inclusion in an audiovisual work or a broadcast of an artistic work situated in a place where it can be viewed by the public."[No.8/2022 Sec. 20(1)(e)]
Under the repealed Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004, "The right conferred in respect of a work by section 5 of this Act does not include the right to control ... the reproduction and distribution of copies of any artistic work permanently situated in a place where it can be viewed by the public".[C.28/2004 2nd Sched/d]
原创门槛
参见：共享资源:原创门槛
Under the Copyright Act of 1988 (Chapter C.28, as codified 2004), A literary, musical or artistic work shall not be eligible for copyright unless (a) sufficient effort has been expended on making the work to give it an original character;...[C28/2004 Section 1(2)]
參見
引用
- ↑ a b Nigeria Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
- ↑ Copyright Act, 2022 (Act No.8 of 2022). Nigeria (2022). Retrieved on 2023-06-04.
- ↑ Copyright Act (Chapter C.28, as codified 2004). Nigeria (2004). Retrieved on 2018-11-04.
- ↑ Nigeria: Notable Provisions Of The Copyright Act 2022. Mondaq (2023-04-27). Retrieved on 2023-06-04.
