Title: CHALLENGES IN COPYRIGHT ENFORCEMENT ON THE INTERNET: NEED FOR AMENDMENT OF THE COPYRIGHT LAWS
Abstract: Authors of works are conferred with a bundle of monopoly rights in relation to their works. This is to encourage them to create more works by allowing them to reap economic benefits accruing from their creation. There are certain exceptions to these rights in order to strike a balance between the authors’ rights and the public interest right of access to copyrightable works, for advancement of knowledge and information. This long existing rule has been distorted as a result of the emergence of digitalization/ Multimedia and the Internet which created more access to copyrightable works; in most cases, unauthorized access; and at the same time, defy the traditional Copyright Enforcement Mechanisms. Copyright Laws have since then embraced the use of technological protective measures in relation to works in the face of the legal uncertainties and a number of lacunae inherent in the obsolete Copyright Laws, which were oriented towards analogue exploitative technologies. The continued use of these technological protective measures which most often, do not admit of fair use of protected works, is bound to end creativity. This work compared the existing Copyright Acts of Nigeria, England and some other Copyright Instruments of selected jurisdictions in order to discover the challenges faced in the Copyright enforcement of Internet based works, and concluded by proffering made recommendations on ways to promote creativity through fair use of works, without infringing the rights of authors.
Publication Year: 2020
Publication Date: 2020-06-08
Language: en
Type: article
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