Copyright 2023

1. Copyright Subsistence

1.1 What are the requirements for copyright to subsist in a work?

For copyright to subsist in a work under the Nigerian Copyright Act Cap. C28 Laws of the Federation 2004 (the "Act"), it must come under the six categories of eligible works provided in Section 1 and in case of literary, musical or artistic works, (a) sufficient energy must have been expended on making the work to give it an original character, and (b) the work must be fixed in a definite medium of expression that exists or will be developed in the future, from which it can be perceived, reproduced or otherwise communicated either directly or with the aid of any machine or device. For the other works – cinematograph films, sound recordings and broadcasts – copyright protection is inherent upon creation or fixation.