Copyright Challenges: A Time Bomb in the Digital Age


Copyright law seeks to balance the rights of the creator and the copyright owner, so that they can manage and protect their business and their works. Currently, copyright has become very important, especially in terms of information. The Internet has enabled consumers around the world to easily access information with fewer borders. Yet this tool has allowed consumers to access and reproduce works without complying with copyright requirements.

How has copyright law dealt with this global problem, how has Nigerian law protected an online content creator, and how can it seek to alleviate the hardships of an online content creator? contents ? Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Copyrighted works range from books, music, paintings, sculptures and films to computer programs, databases, advertisements, maps and technical drawings.

It is the exclusive and transferable legal right granted to the author for a fixed number of years, to print, publish, perform, film or record literary, artistic or musical material. Thanks to the registration of the creator’s work, he can claim this work against piracy and theft of his intellectual property.

Under the Nigerian Copyright Act (“the Act”), copyright infringement is prohibited by Section 15(1)(a) which provides that “Copyright is infringed by any person who, without the license or permission of the copyright owner (a) does or causes another person to do an act the doing of which is controlled by copyright”.

This provision simply states that when a person without the approval of the owner or creator recreates a copyrighted work, that person automatically infringes that owner/creator’s right. So, when an influencer posts anything belonging to another person, they would be liable for copyright infringement.

The emergence of social media has given individuals the opportunity to showcase their marketing talents and skills. Many have been working overtime, amassing lots of followers and followers on the various social media platforms like Tiktok, Twitter, Facebook, LinkedIn, Instagram, Pinterest and many more by creating engaging, entertaining and enlightening content and posts for their subscribers and other people who come. through their page. In doing so, they were labeled ‘Influencers’.

They use their large customer base to work for big brands in marketing their products. Social media influence has become a broad platform to provide information about different brands to people. Apart from marketing, it serves as a platform for content creators to showcase their talents including Nigerian stars like Taaooma, Mr Macaroni and many more. International stars like Harley Georgia Morris on Tiktok, Keemokazi Khabylame and many others.

In Nigeria, there are no specific laws on social media influence. However, there are several laws in Nigeria regulating advertising that one can rely on. These laws are both general and sectoral. Therefore, when applied to social influence, it depends on the product being advertised. As a social media influencer, what you run is a business, and if the industry you work in doesn’t have laws to regulate and protect you, it’s up to you to find ways to protect yourself. These ways include: researching and due diligence on the company, brand and product you are influencing. You should also review and draft agreements to govern your dealings with the various brands, to exempt you from liability for brand-related actions.

When you post your creative work on social media, you continue to own the copyright. No one can use the work without your permission, nor does the platform take ownership of it. However, there is an exception: By posting to a platform such as YouTube or Twitter, you agree to the site’s terms of service, which often give the site a license to use your work. As a social media user, you must understand the terms of service you accept and then comply with them.

Twitter’s Terms of Service state that: “You retain your rights to any content you submit, post or display on or through the Services. By submitting, posting or displaying content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish , transmit, display and distribute such content in any media or distribution methods (now known or later developed)”. In other words, Twitter users grant Twitter a license to make Tweets available to other Twitter users. Facebook has similar terms with Twitter.

Given the above, there are constant violations of intellectual property rights. Content posted by users on social networking sites such as videos, photos, songs, illustrations, etc. are used daily by third parties, individuals and companies, users or not of social networks, without prior authorization from the rights holder. This practice constitutes a violation of intellectual property rights.

An example is the use of third party photographs in the United States which resulted in a finding of liability for copyright infringement. It was the dispute between the Haitian photographer Daniel Morel and the news agencies Agence France Presse and Getty Images. The facts are that Daniel Morel, who was in Haiti at the time of the earthquake in 2010, took several photographs there and posted them on his TwitPic account, the Twitter application that allows users to share images. Through a third user, the targeted news agencies gained access to the images and sold them to media companies around the world, without the photographer’s authorization and without acknowledging him as the author of the images.

The court case lasted 3 years, with attendant costs, and the federal jury presided over by Judge Alison Nathan eventually ordered the agencies to pay $1,200,000 as compensation for infringement of intellectual property rights. . The copyright was found to be infringed precisely on the grounds that, contrary to the agency’s argument (that anything posted on Twitter can be used without permission), the licenses of Twitter does not include the right to use the content for commercial purposes.

Therefore, while being an influencer is lucrative and profitable, it is important for influencers to consider the concerns raised in this article. While surfing the various social media platforms as a user, we must be aware of the small acts that constitute counterfeiting. Also, we must be aware that intellectual property law applies to all content that meets the necessary criteria.

Adefabi sent this piece via [email protected]

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The PDP spokesperson recalled how the opposition party had repeatedly warned that the APC government had ceded sovereignty over much of our country to terrorists, “many of whom were imported into our country by the APC”.

He further stated, “In the video, in a brazen manner, terrorists as non-state actors boldly showed their faces, bragging, admitting and confirming their participation in the escape from Kuje prison, whose some were ex-convicts who were either imprisoned or incarcerated. awaiting trial for their previous act of terrorism against our country.

“Nigerians can also recall the admissions of Kaduna State Governor Mallam Nasir el-Rufai that the APC government knows the plans and whereabouts of the terrorists but failed to act.

According to Ologunagba, around 18,000 Nigerians have been killed by terrorists between 2020 and 2022 “as the criminals continue to be emboldened by the failures and obvious complicity of the APC and to which the PDP had always drawn attention” .

“It’s not politics; it is about humanity and leadership, which is sadly and sadly lacking in our country right now,” he said.

The PDP added that it is appalled by “the lame response of the seemingly helpless, distraught and deflated Buhari presidency, in which it told a dying nation that President Buhari “has done everything and even more than expected. he was expected as Commander-in-Chief by way of sustaining the morale, materiel and equipment of the military…”

“This is a direct admission of incapacity and failure on the part of the Buhari presidency and the APC. At such a time, in other climes, the president directly leads the charge and takes drastic measures to save and protect its citizens.

“In times of adversity, the president transforms himself into a chief comforter to give hope and help to the citizens. Sadly, Nigeria does not have a President who cares and can present himself as the chief comforter of the people.

“It has now become very imperative for Nigerians to take notice and realize that the only solution to this unfortunate situation is to hold the APC government accountable. We must unite as people regardless of our political, ethnic and nuns to resist the fascist tendencies of the APC administration.

Ologunagba called for an urgent meeting of the National Council of State to advise on the way forward in the face of worsening insecurity in the country.

“Our nation must not fall. The resilient Nigerian spirit and positive attitude must be rekindled by all to convince the President to immediately and without further delay accede to the request of the PDP and other well-meaning Nigerians to convene an extraordinary session of the National Assembly. Council of State to find a lasting solution since the president is, by his own admission, at the end of his tether,” the PDP spokesman said.

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