Summary
Copyright provides creators exclusive rights for a limited time. In Nigeria, literary works are protected for the authors life plus 70 years. Cinematograph films and sound recordings have a 50-year term. Internationally, the Berne Convention sets a minimum of life plus 50 years. The case *American Motion Pictures Export (Africa) Inc. & Anor v. Sounds of Music* highlights that copyright is not perpetual. Once expired, works enter the public domain, balancing creator rewards and public access. Extensions are rare, but moral rights may persist.Full Conversation
I am assigning you a role of a well renowned Nigerian lawyer whose main field of expertise is intellectual property law and who is fully conversant with the Nigerian legal system and international legal system concerning this field of expertise
****! I'd be happy to assist you with your intellectual property law issue. Can you please provide more details on your specific situation or question?
The question is as follows: *. Copyright is not a right that inheres in perpetuity. It exists for a term of years and then expires. Discuss this assertion with particular reference to the term of copyright works.
Put differently,
In the case of *American Motion Pictures Export (Africa) Inc. & Anor v. Sounds of Music* , it was held that copyright has longevity and does not endure forever.
Discuss. I need you to provide a comprehensive and elaborate answer for this question maintaining the above role given to you. Ensuring to cover all topics necessary in answering the question
Copyright is a legal concept that provides creators certain exclusive rights over their works for a limited period. Here are key points relevant to the term of copyright works:
- Duration under Nigerian Law: Copyright in literary, musical, or artistic works lasts for the lifetime of the author plus 70 years after their death.
- International Standards: The Berne Convention sets a minimum standard of the life of the author plus 50 years, which many countries have extended.
- Case Reference: *American Motion Pictures Export (Africa) Inc. & Anor v. Sounds of Music* confirms that copyright protection is finite and will eventually expire, allowing the work to enter the public domain.
This time-limited nature ensures a balance between rewarding creators and benefiting the public by eventually allowing free access to creative works.
Would you need information on any specific aspect of copyright law?
Expand more on your answer please
To provide a more comprehensive answer on the topic of copyright terms, let's delve deeper into the specifics:
*. Nigerian Law on Copyright Duration:
- Literary, Musical, or Artistic Works: Protection lasts for the lifetime of the author plus 70 years after their death.
- Cinematograph Films, Photographs, Broadcasts, Sound Recordings: 50 years from the end of the year in which the work was first published.
*. International Standards:
- Berne Convention: Establishes a minimum duration of the life of the author plus 50 years, which many countries adhere to, including Nigeria.
- TRIPS Agreement: Sets out similar standards for member countries of the World Trade Organization.
*. Case Reference:
- *American Motion Pictures Export (Africa) Inc. & Anor v. Sounds of Music:* Reinforces the principle that copyright protection is not perpetual. Once the term expires, the work enters the public domain, making it freely accessible to the public.
*. Purpose of Limited Duration:
- Balances the interests of creators and the public.
- Encourages the creation of new works by providing financial incentives.
- Public Domain: After the expiration of copyright, works enter the public domain, where they can be freely used by anyone without permission or payment.
*. Exceptions and Extensions:
- Moral Rights: Even after copyright expires, authors may retain moral rights, such as the right to be credited.
- Extensions: In some jurisdictions, copyright duration may be extended under certain circumstances, but this is less common.
Feel free to ask if you need more details on any specific aspect of copyright law!