42 research outputs found
The Rayed Head and Stepped Platform: A Core Symbol of the Southern Andean Iconographic Series
No full textThis paper will explore various manifestations of the Rayed Head motif that is found on textiles produced by the Nasca, Sihuas, and Pucara cultures during the Early Intermediate Period (200 BCE – 600 CE), in the southern Andean region of South America. The Brooklyn Museum’s famous Nasca mangle, also known as “The Paracas Textile,” features repeating images of the Rayed Head motif on its interior cotton panel. Sihuas mantles also display distinctive manifestations of the motif in the form of a large rectangular head with highly stylized features and surrounded by radiating appendages. The late textile scholar and archaeologist Joerg Haeberli has pointed out many similarities between Sihuas and Nasca textiles such as their weaving techniques and iconography (including the Rayed Head), and has proposed that the valleys of Arequipa and the south coast were linked during the late Early Horizon and Early Intermediate Period, perhaps due to dispersed Nasca enclaves in Arequipa. Utilizing textiles in the Brooklyn Museum and other public and private collections, the author will further explore this regional relationship as well as a similar iconographic correspondence with the Rayed Head motif found on Pucara-style objects associated with the Yaya-Mama (Father-Mother) religious tradition in the Lake Titicaca of Peru and Bolivia
The impact of the announcement of athlete endorsements on firm value: an event study analysis
No full textThis dissertation examines the financial market response to athlete endorsements. This popular marketing strategy comes at a high cost. The increasing costs of athlete endorsements constitute a large portion of firms' advertising budget. With such large expenditures by marketing strategists, it would be in their best interest to examine if the return is worth the investment, as marketers increasingly face pressure to communicate to top management the financial values that their marketing activities generate. The financial value of marketing activities has received increasing interest in the marketing literature in recent years. However, the results have been largely mixed. Using a sample of 130 athlete endorsements of products of publicly traded firms over the period from 2003-2016, this dissertation employs an event data analysis to study the effect of athlete endorsements on firm performance. More specifically, the objective of the dissertation is to assess the profitability of using athlete endorsers as an advertising strategy by examining what role that the three elements, i.e. the endorser, the product, and the firm have in determining the effect of the endorsement announcement on firm value. I present empirical evidence that shows that the stock market, on average, rewards firms that engage in endorsement deals. Likewise, the market highly rewards firms who associate their brands with endorsers of a higher stature. Additionally, the findings of this study indicate that athletes with multiple endorsements have a different effect on the investors’ reactions to endorsement announcements. Further examination reveals that this variable has an inverted U-shaped effect on firm value. Also, I find that investors react stronger to endorsements of athletes who play individual sports compared to those who play team sports. Another variable of interest in this dissertation is the gender of the endorser. Empirical results show that investors react stronger to an endorsement by a female athlete than an endorsement by a male athlete. This is noteworthy, since firms overwhelmingly sponsor men’s sports in much higher numbers and with much larger sponsorship deals compared to women’s sports. Another variable I explore, which is largely overlooked in the literature, is age of the endorser. Results show that the financial market reacts more positively to endorsement deals of younger athletes than older athletes. More interestingly, further examination shows that younger female endorsers have a larger impact on firm value than younger male endorsers. Finally, I find that the endorsement of sport-related products have a larger positive impact on firm value than the endorsement of products unrelated to sports, which lends support for the match-up hypothesis. The conclusions in this dissertation offer valuable managerial strategies for increasing firm value through athlete endorsements.Ph.D.Includes bibliographical referencesby Rayed Moneer Alotaib
The geology of the Marcia quadrangle of asteroid Vesta: Assessing the effects of large, young craters
No full textabstract: We used Dawn spacecraft data to identify and delineate geological units and landforms in the Marcia quadrangle of Vesta as a means to assess the role of the large, relatively young impact craters Marcia (∼63 km diam.) and Calpurnia (∼53 km diam.) and their surrounding ejecta field on the local geology. We also investigated a local topographic high with a dark-rayed crater named Aricia Tholus, and the impact crater Octavia that is surrounded by a distinctive diffuse mantle. Crater counts and stratigraphic relations suggest that Marcia is the youngest large crater on Vesta, in which a putative impact melt on the crater floor ranges in age between ∼40 and 60 Ma (depending upon choice of chronology system), and Marcia’s ejecta blanket ranges in age between ∼120 and 390 Ma (depending upon choice of chronology system). We interpret the geologic units in and around Marcia crater to mark a major vestan time-stratigraphic event, and that the Marcia Formation is one of the geologically youngest formations on Vesta. Marcia crater reveals pristine bright and dark material in its walls and smooth and pitted terrains on its floor. The smooth unit we interpret as evidence of flow of impact melts and (for the pitted terrain) release of volatiles during or after the impact process. The distinctive dark ejecta surrounding craters Marcia and Calpurnia is enriched in OH- or H-bearing phases and has a variable morphology, suggestive of a complex mixture of impact ejecta and impact melts including dark materials possibly derived from carbonaceous chondrite-rich material. Aricia Tholus, which was originally interpreted as a putative vestan volcanic edifice based on lower resolution observations, appears to be a fragment of an ancient impact basin rim topped by a dark-rayed impact crater. Octavia crater has a cratering model formation age of ∼280–990 Ma based on counts of its ejecta field (depending upon choice of chronology system), and its ejecta field is the second oldest unit in this quadrangle. The relatively young craters and their related ejecta materials in this quadrangle are in stark contrast to the surrounding heavily cratered units that are related to the billion years old or older Rheasilvia and Veneneia impact basins and Vesta’s ancient crust preserved on Vestalia Terra.NOTICE: this is the author's version of a work that was accepted for publication in ICARUS. Changes may have been made to this work since it was submitted for publication. A definitive version was subsequently published in ICARUS, 244, 74-88. DOI: 10.1016/j.icarus.2014.01.03
The Nigerian Police and Zero Corruption Tollerance: the function of emotional intellegence
No full textThis paper is profiled on Nigerian Police corruption and how to utilize emotional intelligence to make Nigerian police adopt zero corruption tolerance. The paper x-rayed the structure of Nigerian police and the pandemic of corruption generally with a particular reference to the Nigeria police. The innovation in the fight against police corruption was the argument of the author on how to use emotional intelligence to wipe out corruption among Nigerian police. This adoption of emotional intelligence is further supported through a model on zero corruption tolerance. The paper therefore canvases inclusion of emotional intelligence in the Nigeria Police curriculum.. Keywords:Nigerian Police, Corruption, Emotional Intelligence > IFI PsychologIA Vol. 27 2006: pp. 193-21
Luminescent center in Br--rich BaFBr : O2-
No full textIn this work, emission, excitation and absorption spectra of pure and 1 mol% O2- -doped BaFxBr2 -x (x = 0.98, 1.0, 1.02) powders were measured. It was found that the spectra of O2- -doped Br--rich sample (x = 0.98) is different from those of the other O2--doped samples (x = 1.0 and 1.02). Its emission peak shifts from 500 to 550 nm, and becomes much wider. Absorption spectra show that F(Br-) centers of the X-rayed Br--rich sample, unlike those of other X-rayed samples, are not disturbed by doped oxygen. With the EPR, it is shown that O2- ions are on the F- sites in either F--rich(x = 1.02) or Br--rich sample. We suggested that in the Br--rich sample (x = 0.98) the luminescence is due to an O-F '-V-F(.) pair, instead of the O-F'-V-Br(.) pair in other samples (x = 1.0 and 1.02). (C) 1999 Elsevier Science B.V. All rights reserved.OpticsSCI(E)EI2ARTICLE3231-2358
TL and OSL properties of beta irradiated Y2O3 nanocrystal
No full textNanocrystalline yttrium oxide (Y2O3) is synthesized by low temperature sol-gel technique and synthesized material is annealed at 900°C. The annealed β-rayed Y2O3 two TL glows with prominent peak at 407 K and weak glow peak at 643 K were observed in all irradiated samples. It is found that TL glow peaks intensity linearly increases with increase in β-dose from 0.813 - 40.625 Gy. The TL kinetic parameters are calculated using glow curve deconvoluted (GCD) method. The TL glows exhibits general order kinetics. Intense optical stimulated luminescence (OSL) is observed in the Y2O3 sample. These material exhibits linearity and reproducibility and hence, it suggests that this material may be used as dosimetric applications. © 2017 Author(s)
A SURVEY OF THE RESOURCES AND ROLES OF NIGERIAN UNIVERSITY LIBRARIES IN IMPARTING KNOWLEDGE
No full textUniversities are charged with the responsibilities of imparting knowledge and conducting research among other roles. They must therefore be equipped with relevant resources if they must meet challenges placed on them by academic activities. In this regard, this paper has surveyed the essence of university education and its history in Nigeria. The objectives of university libraries and their true characters are also under the purview of the paper. Further, the types of users and the roles the university libraries play are x-rayed. Based on the identified problems recommendations for giving the university libraries a befitting status are made.As education forms the bedrock
of any national development the university education becomes central in national development and economic emancipation.In this
regard the author recommends proper attention for the growth of university libraries
Granulometric Analysis of Recent Sediments of Tillamook Bay, Oregon
No full textThe author has sampled the recent bottom sediments in Tillamook Bay, Oregon. Sediment distribution is assessed in relation to sediment source areas and related to sedimentary environments. Particular attention was directed to the precision with which granulometric data can be stated. It was found that variance is quite high for granulometric parameters of the bay sediments.
Sediment distribution using different measures are displayed on charts of the bay. Size distributions of sediments at any given location are examined for geologic significance. Plotting of size distribution on graph paper using probability ordinate is shown to increase the ease of geologic interpretation.
Total heavy minerals were X-rayed and provenance determinations from this and other data show a marine sediment source for a small area of the bay near the mouth and terrestrial source for the remainder of the bay
The productive and receptive knowledge of collocations by advanced Arabic-speaking ESL/EFL learners
No full text2011 Summer.Includes bibliographical references.Although it is widely acknowledged that collocations play an important role in the field of second language acquisition, a number of previous studies have reported students' lack of collocational competence and the difficulties they encounter in learning and using collocations. The present study examines the productive and receptive knowledge of lexical and grammatical collocations among advanced Arabic-speaking learners of English. Furthermore, it investigates whether the language environment (ESL or EFL) has an influence on the acquisition of collocations. It also explores whether there is a significant difference between participants' performance on three types of collocations: verb-noun, adjective-noun, and verb-preposition. Data for this study were collected from 68 participants: 38 Saudi students at the Institute of Public Administration in Riyadh, Saudi Arabia, and 30 Arab students in the Intensive English program at Colorado State University. The participants' productive collocational knowledge was measured by three gap-filling tests: verb-noun and adjective-noun collocation tests where the initial letter of the collocant was provided and a verb-preposition collocation test where the meaning of the phrasal verb was supplied. Their receptive collocational knowledge was measured by an appropriateness judgment test in which participants have to circle the number corresponding to the underlined part of a sentence that is judged unacceptable. The results of the statistical analysis revealed that participants' learning environment has a strong effect on the acquisition of L2 collocations. The ESL learners had significantly higher scores than the EFL learners. Moreover, there was a significant difference between the participants' productive and receptive knowledge of collocations. The participants' productive knowledge of collocations lagged far behind their receptive collocational knowledge. The findings also revealed a statistically significant difference between the three types of collocation. The participants performed far better on the verb-noun collocations test than on the adjective-noun and verb-preposition collocations tests. Overall, the results showed that Arabic-speaking learners of English demonstrated poor knowledge of collocations on the four tests. The study concludes with pedagogical implications, limitations, and suggestions and recommendations for future research
A LEGAL APPRAISAL OF NIGERIAN COPYRIGHT LAW AND THE AUTHOR
No full textThis study sought to examine the extant copyright regime for protection of the author’s rights and the challenges in Nigeria. Copyright being a lubricant encouraging creativity in the book industry could not also avert some of the problems envisaged in the industry. The inbuilt hiccups in the implementation of the legal framework of books made it difficult for an author to fully earn a living from his works. Textbooks and opinions of authors were x-rayed which revealed the fact that writers face a number of challenges including that today they are compelled to either go into self-publishing or they are forced to subsidize the cost of publishing. It is almost impossible for an author to live on the proceeds of his work. The legal framework and its implementation did not adequately block the economic exploitation of the author’s literary works. There is therefore an urgent need for the law to be amended to block the lacuna in the extant laws.
Keywords: Copyright Law, Author’s Right, Licencee, Berne Convention, WIPO, Nigerian Copyright Commission
Introduction
Copyright Legislation has become the cornerstone for the protection of rights of creators of literary works by providing law enforcement agencies as well as the courts with the instruments to deal with violations of the law. Literary, artistic or musical works are first and foremost owned by a copyright owner. An author is the person chiefly responsible for the intellectual content of a literary or artistic work. The author is the creator or formulator of the ideas to be given to the world through a book, the arranger of the words, pictures, charts, tables and others in which the ideas are to be presented. The author in publishing his literary work may decide to sell that right, lease or assign it to a publisher to reproduce the manuscript in some way and for distribution to the world under contractual agreement. This is known as licencing of copyright. Understandably, the economic proceeds that accrue from the publication and sale of this work belongs to the author. This study tried to examine whether the protection offered by law to the author suffice in all cases and circumstances. This does not however preclude open licencing of online education resources.
Legal Framework for Author’s Protection.
There are both international and domestic legal regime for protection of the author. These include:
International Instruments
1. Article 27(2) of the Universal Declaration of Human Rights
2. International Convention for the Protection of Industrial Property, Paris in 1883 and revised in Lisbon 1958.
3. Berne Convention for the protection of Literacy and Artistic Works, 1886
4. The Rome Convention for the protection of performers, producers of phonograph and Broadcasting Organisation
5. The Patent Cooperation Treaty in 1970
6. Universal Copyright Convention 1971
Municipal Instrument
1. Copyright Act, Cap. C.28 Laws of the Federation of Nigeria, 2004.
Copyright
Copyright generally is protected under the Universal Declaration of Human Rights (from which many modern municipal copyright statutes derive their inspiration) which provides inter alia that everyone has the right to the protection of the moral and materials interest resulting from which scientific, literacy or artistic production of which he is the author. This is a conscious international policy appreciating the value of creativity and the desirability of those members of the society who through their genius and sweat have preserved, chronicled and perpetuated national development through their literary or intellectual works. The Black’s Law Dictionary define copyright as the right to copy; specifically, a property right in an original work of authorship (including literary, musical, dramatic, cinematographic, pictorial, graphic, sculptural and architectural works, motion pictures and other audio visual works and sound recordings) fixed in any tangible medium of expression, given to the holder the exclusive right to reproduce, adapt, distribute, perform and display the work.
This definition is rhetorical and begs the question. However, further explanation ought to be added to the meaning of the subject matter that the province of copyright is communication. It serves to control the copying of protected works by unauthorized persons. Copyright is the exclusive right to do or to control or authorize the doing of certain acts in relation to the work in which the rights subsists. Oguakwa (2005) refers to copyright as the bundle of rights which the legal system recognizes as inhering to the benefits of a creator of a work.
Its primary concern is with the expression of ideas rather than the ideas themselves. In Donoghue v Allied Newspapers Ltd, Lord Farewell acknowledging this view said:
There is no copyright in an idea or ideas. A person may have a brilliant idea for a story or for a picture or for a play and one which appears to him to be original; but if he communicates that idea to an author or an artist or playwright, the production which is the result of the communication of the ideas to the author or the artist or playwright is the copyright of the person who has clothed the idea in form whether by means of a picture, a play or a book and the owner of the idea has no right in that production.
However, for the protection of such expression of ideas, it has to be original, novel and must be fixed in a definite medium of expression now known or later to be developed from which it can be perceived either directly or with the aid of a machine device.
Entitlement for Copyright Protection.
Under section 1 of the Nigerian Copyright Act, the following are eligible for copyright;
a. literary works
b. musical works
c. artistic works
d. cinematograph films
e. sound recordings and
f. Broadcasts.
The Act further provides inter alia;
Copyright shall be conferred by this section on every work eligible for copyright of which the author or in the case of a work of joint authorship, any of the authors is at the time when the work is made, a qualified person.
The qualification shall be;
i. An individual who is a citizen of or is domiciled in Nigeria or;
ii. A body corporate incorporated by or under the laws of Nigeria
The copyright conferred on the above is in terms of seventy years after the end of the year in which the author dies. In the case of a government or body corporate, seventy years after the end of the year in which the work was first published. In the case of anonymous or pseudonymous literary, musical or artistic works, the copyright shall subsist until the end of the expiration of seventy years from the end of the year in which the work was first published but the term will be calculated in accordance with the first schedule. According to the Act, reference is to be made for the country of origin for eligibility for copyright which was not conferred.
Nature of Copyright
Generally, the nature of copyright is such that the Act provides that subject to specific exceptions, copyright in a work shall be exclusive right to control the doing in Nigeria of the following acts:
a. In a literary or musical works, to do and authorize the doing of any of the following acts:
i. Reproduce the work in any material
ii. Publish the work
iii. Perform the work in public
iv. Produce, reproduce, perform or publish any translation of the work.
v. Make any cinematograph film or a record in respect of the work.
vi. Distribute to the public for commercial purposes, copies of the work by way of rental, lease, hire, loan or similar arrangement.
vii. Broadcast or communicate the work to the public by loudspeaker or any other similar device.
viii. Make any adaptation of the work.
ix. Do in relation to a translation or an adaptation of the work, any of the acts specified.
There are also copyright in any artistic work and of cinematography. The doing of any of the acts referred to in subsection (1) of section 6, shall be in respect of the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original. The copyright in the work of architecture shall also include the exclusive right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or any form recognizably derived from the original but not the right to control the reconstruction in the same style as the original of a building to which the copyright relates. There is copyright protection under the law for musical works, sound recordings, broadcast and cinematograph film. These are however with exception.
For instance, the right to copyright under the law does not include the right to control;
(a) Fair dealing for purpose of research, private use, criticism or review or the reporting of current events. This is subject to the condition that if the use is public, it shall be accompanied by an acknowledgment of the title of the work and its authorship. The exemption is where the work is incidentally included in a broadcast.
(b) The doing of any of the aforesaid acts of parody or caricature;
(c) The inclusion in a film or broadcast of an artistic work situated in a place where it can be viewed by the public.
(d) The reproduction and distribution of copies of any artistic work permanently situated in a place where it can be viewed by the public.
(e) The incidental inclusion of an artistic in a film or broadcast.
(f) The inclusion in a collection of literary or musical work which includes not more than two excerpts from the work, if the collection bears a statement that it is designed for educational use and includes an acknowledgement of the title and authorship of the work;
(g) The broadcasting of a work if the broadcast is approved by the broadcasting authority as an educational broadcast, any reproduction for educational use which shall be destroyed after use within 12 months, copying of literary or musical with sufficient acknowledgment which must not be for commercial purposes.
(h) Use under the direction or control of the Government, public libraries on the condition that it is not used for revenue generation.
(i) Exceptional documentary to be kept for commercial purposes.
(j) News of the day publicly broadcast or communicated but no fee must be charged.
(k) For use in judicial proceedings
(l) Making of more than three copies of a book in a pamphlet, sheet music, map, chart or plan) by or under the direction of the person in charge of a public library which is not available for sale in Nigeria,
(m) Reproduction for the purpose of research or private study of an unpublished work.
(n) Government sponsored for the promotion of the welfare of other disabled persons for the exclusive use.
First Ownership of Copyright
The Copyright Act is quite extensive in the range of protection that it guarantees to authors and producers of various works. The copyright conferred under sections 2 and 3 of the Act shall initially vest in the author. Despite the provisions in the Act for co-ownership of copyright, where a work is commissioned by a person who is not the author’s employer under a contract of service or apprenticeship, or not having been so commissioned, is made in the course of the author’s employment, the copyright shall belong in the first instance to the author unless otherwise stipulated in writing under a contract.
The author will not be regarded as the first owner of the copyright in a work, even where a literary, artistic or musical work is made by the author in the course of his employment by the proprietor of newspaper, magazine or similar periodical under a contract of service or apprenticeship as is so made for the purpose of publication in newspaper, magazine or similar periodical. In this instance, the proprietor shall in the absence of any agreement to the contract be the first owner of copyright in the work.
Right to Claim Authorship
Again, it is the law that the author of a work which copyright subsists has the right to claim authorship of his work. The ground of his claim must be predicated on any of the acts generally within the provisions of the Act. But the author cannot succeed in his claim when the work is included incidentally or accidentally when reporting current events by means of broadcasting.
The author is also allowed to object and seek relief when there is distortion, mutilation or other modification or any other derogatory action in relation to his work. This right is only exercisable where such would be or is prejudicial to his honour or reputation.
The author or his heirs and successors in title has the right in perpetuity. The right is inalienable and imprescriptibly according to the Act. This is in contrast with the provisions of section 2 of the Act and found under the first schedule to the Act. For instance, the schedule stated that the copyright in literary, musical or artistic works other than photographs shall expire seventy years after the end of the year in which the author dies.
A learned author, Ozioko (2005) however opined as follows:
Copyright does not however tenure in perpetuity. Its duration is limited to either the life time of the author or certain number of years after his death or certain number of years from the date of first publication or production of the work as the case maybe. After its expiration, the work is said to fall into the public domain and can be utilized by any person without liability.
Notably, the Act made effort to balance public interests with that of an individual. It struck a balance between the two conflicting interest by not giving the author a perpetual monopoly over his work and also by providing some exemptions from copyright control with the limited period he enjoys the monopoly.
A Licencee
Generally, under the law as highlighted above, the author is recognized as the only person who can authorize publication of the book. However, the law made certain provisions on assignment and licensing of copyright. The copyright in a work is therefore transmissible by assignment, by testamentary disposition or operation of law as movable property. The assignment may be limited so as to apply to only some of the acts which the owner of the copyright has the exclusive right to control or to a part only of the period of the copyright or to a specified country or other geographical area. The grant of a non-exclusive licencee to do an act, the doing of which is controlled by copyright may be written or oral. It may also be inferred from conduct.
The law envisages that where there are two copyright owners, the grant by one owner shall have the same effect; however, that is subject to the contract existing between them. Persons are deemed to be co-owner
(a) If they share a joint interest in the whole or part of a copyright or
(b) If they have interest in the various copyright in a composite production, that is, a production consisting of two or more works.
An author and publisher contract is an agreement under which the author permits the publisher to use those publishing rights under specified conditions. The payment of royalty or some other fees is usually one of the chief conditions. Another important condition is the author’s warranty. The law regards it that an author has an inalienable right to a share in the proceeds of any sale of that work or manuscript by public auction or through a dealer whatever method used by the later to carry out the operation. However, the above condition shall be determined by the Nigerian Copyright Commission.
The Regulatory Bodies in the Realm of Copyright
a. Nigeria Copyright Commission
A landmark innovation of the Nigerian Copyright Act is the establishment of an autonomous regulatory body for the administration of the law. The Nigerian Copyright law under the 1988 Decree nor the Copyright Act of 1970 did not provide for such. The then Nigerian Copyright Council was not imbued with such powers.
Prior to the 1988 Decree, the Copyright Act of 1970 did not make provision for an independent administrative body. This was also captured in the observation of Asein thus;
…..Individual right owners were left to sort things out themselves. This omission in the law alienated right owners from the statutes and hindered this implementation of those government policies which were intended for the promotion of copyright. Government was also denied the benefit of broad based expert advice on matters relating to copyright.
The Act provides that there shall be established a body to be known as the Nigerian Copyright Commission. The Commission is a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.
The primary functions of the Commission under the Act include
a. Responsibility for all matters affecting copyright in Nigeria.
b. Monitor and supervise Nigerian’s position in relation to International convention and to advice Government.
c. Advising and regulating conditions for sealing of bilateral and multi-lateral agreements between Nigerian and any other country.
d. Enlightening and informing the public on matters relating to copyright.
e. Maintenance of an effective data bank on authors and their works.
b. Copyright Inspectors And Collecting Societies
In order to aid and strengthen the administrative, and enforcement structure and actualize the goals of the law, the Act introduced two principal features in the regime, namely:
i. The appointment of copyright inspectors with wide policing functions.
ii. The establishment and approval of collecting societies for the benefit of copyright owners.
The introduction of the two, especially, the appointment of copyright inspectors whose powers include inter alia, to enter, inspect and search buildings, interrogate suspects and arrest persons reasonably suspected of infringing, as well as prosecute such infringers, is a welcome development. It is a vibrant legal framework for the protection of copyright and depicts a hallmark of an effective regulatory system and the regime of enforcement of compliance and practical expression within the administrative and legal framework of the copyright system.
Infringement of Copyright
Copyright is infringed under section 15 by any person who without the licence or authorization of the owner of the copyright
a. Does or causes any other person to do an act, the doing of which is controlled by copyright
b. Imports or causes to be imported into Nigeria any copy of a work which, if it had been made in Nigeria would be an infringing copy under this section of the Act.
c. Exhibits in public any article in respect of which copyright is infringed under paragraph (1) of this subsection.
d. Distribution by way of trade, offers for sale or otherwise or for any purpose prejudicial to the owner of the copyright, any article in respect of which copyright is infringed under paragraph (a) of this subsection.
e. Makes or has in his possession plates, master tapes, machines, or equipment used for the purpose of making infringed copies of the work and others.
Civil, Criminal regulations and other Remedies.
Under the Copyright Act, there are other provisions for civil, criminal and other remedies to deal with almost every conceivable emerging challenge in the area and other allied rights. Indeed, the Act also provided for the adjudication of cases. The Federal High Court exercises jurisdiction over copyright matters. The protection under this area is chronicled by in-built presumptions under the law. It is provided in the Act that in an action for an infringement of copyright in a work, the following shall be presumed unless the contrary is proved;
a. That copyright subsists in a work which is the subject matter of an alleged infringement.
b. That the plaintiff is the owner of copyright in the work.
c. That the name appearing on a work purporting to be the name of the author, is the name of such author.
d. That the name appearing on a work purporting to be that of the publishers or product of a work is the name of such publisher or producer.
e. Where the author is dead, that the work is an original work
f. That is was published or produced at the place and on the date appearing on the work.
Criminal Liability
It is very unfortunate that our laws do not change with the changing situations. The criminal liability for violators of the Act ranges from a fine of N100 to an amount not exceeding N1000 for every copy dealt with in contravention and a prison term that ranges from a term of six months to a term not exceeding five years. Even the anti-piracy measures which were applauded twenty years ago cannot stand the test of time. The fine not exceeding N50,000 to N500,000 and or a prison term not exceeding twelve months and five years for the specific offences. The criminal liability for violation of performer’s right ranges from N100 to a fine not exceeding N10,000 and or an imprisonment term of twelve months.
The Challenges:
Despite the laudable protection offered to authors or copyright owners, it has not been easy for authors in Nigeria. There is apparently lack of adequate information on the state of the law on copyright amongst the authors or copyright owners. The presumptions of the law is that for there to be an action for an infringement of copyright in a work, the contrary of the following must be proved;
a. That copyright subsists in a work which is the subject matter of an alleged infringement.
b. That the plaintiff is the owner of copyright in the work
c. That the name appearing on a work purported to be the name of the author is the name of such author.
d. That the name appearing on a work purporting to be that of the publisher or producer of a work is the name of such publisher or producer.
e. Where the author is dead, that the work is an original work.
f. Tha
