SATURDAY BREAKFAST with TONY OKOROJI.



I have the greatest respect for those of our judges who under the most difficult conditions still try to do justice in Nigeria. They give hope to the average Nigerian that all is not lost, at a time when hope is increasingly becoming a scarce commodity.



I truly wish I did not have to write this piece. I spent days agonizing over it. I know that judges can sometimes get it wrong because the law is so wide and no judge knows everything. That is why we have the appeal process. There are however some judicial decisions that are so wrong that they shake the very foundation of common sense and threaten the lives and livelihood of so many. I would have failed the entire creative community in Nigeria if I did not react and speak out in this case. The consequence for Nigerian copyright owners would be disastrous.



During the week, I was sent a copy of the ruling on June 25, 2021 of Hon. Justice B.F.N. Nyako of the Federal High Court, Abuja in Suit No. FHC/ABJ/CS/145/2019 between Paul Allen Oche and Nigerian Breweries Plc and three others.





At the last page of the ruling, her Lordship stated thus: “I have searched the entire originating processes of the Plaintiff and I have failed to find any place where he has exhibited his registration of the said Copyright. This is what confers the locus standi on the Plaintiff to institute this suit in the first place.



“It is basic principle of law that Copyright exist by virtue of Sections 2, 3, 6, etc of the Copyright Act. However, to claim an infringement of a Copyright, the Copyright must be registered.



“In the instant case, the Plaintiff is alleging infringement of his Copyright but he has failed to exhibit his registration.





“At this stage, I cannot go into whether his Copyright has been infringed or not because he has not shown his locus standi to claim the Copyright.”



In my many years of active engagement in the copyright system in Nigeria, I have seen court decisions that make me want to cry. Upon reading the said words of Hon. Justice Nyako, I nearly fainted! If her decision becomes the precedent and I know that Federal High Court Judges tend to respect the decisions of their colleagues, then the entire Nigerian copyright system has collapsed because the system would be founded on nothing. By her decision, no owner of copyright in Nigeria can sue for the infringement of copyright because no one in Nigeria can show proof of any registration of copyright.





Contrary to popular belief and that of her Lordship, there is absolutely no requirement for a work to be registered for the owner to enjoy copyright protection in Nigeria. With all due respect to her Lordship, you do not need any copyright registration to have the locus standi to claim the copyright in your work. There is no Registrar or Registry of copyright anywhere in Nigeria and no formality is necessary by law. Anyone telling you that he is registering your copyright in Nigeria is engaged in some form of 419.



It is very true that copyright is intellectual property. By some recent decisions of the Supreme Court of Nigeria, the owner of copyright clearly enjoys the proprietary rights enshrined in Section 44 of the Constitution of the Federal Republic of Nigeria. However, the owner of copyright is not like the owner of a piece of land who may require a C of O to establish the ownership of his land. He is not like the owner of a trademark who may require a trademark registration to sue.





Believe it or not, copyright protection begins as soon as an original and eligible work is created and put in a tangible form. Full Stop!



So, why then do people troop to organizations like the NCC or COSON to ‘register’ their works? To my mind, such activities are merely documentation of the works in the databases of these establishments for the purpose of administering the works and not registration and they do not confer any constitutional or legal rights to the owners of the works.



Indeed, registration of copyright is contrary to the provisions of the various international copyright conventions to which Nigeria is a signatory. An example is the Berne Convention for the Protection of Literary & Artistic Works administered by the World Intellectual Property Organization (WIPO) which Nigeria joined on September 14, 1993. Article 5 (2) of the Berne Convention makes it clear that no formality is needed to ensure protection of copyright. In other words, no registration is required, no deposit is required and no notification is required. Protection is automatic.



In fact, registration of copyright is an almost dead practice. Across the world, only the United States of America still registers copyright and only for the purpose of bringing an action and not for protection. Elsewhere in the world, copyright registries have been dismantled and the registrars sent home.





If you do not give serious thought to the issue, you may consider the absence of any statutory registration procedure for copyright as a major defect of the Nigerian Copyright law. I wish to discuss some of the many reasons why it has been widely accepted across the globe that registration of copyright is not such a good idea.



Copyright does not just protect musical works, sound recordings, books, plays, movies, computer programs, photographs, broadcasts, etc. Copyright protects an almost endless list of creative works and works of artistic craftmanship such as paintings, drawings, etchings, lithographs, woodcuts, engravings, prints, maps, plans, diagrams, works of architecture, sculptural works, etc.



It may be clear to a paper presenter at a seminar or workshop that his work enjoys copyright protection but one is not sure whether the local pastor is aware that any unauthorized reproduction of his Sunday sermon is an infringement of his copyright and that he is entitled to sue, not just before God but in a court of law.



It may also appear odd but any unauthorized copying of a letter, report or memorandum, beyond what would be deemed as fair use, is indeed an infringement of copyright. Please note that your odd letter to your sweetheart is also protected by copyright.





The truth is that it is practically impossible to register even a tiny fraction of the works eligible for copyright. Every day, without being conscious of it, we are all creating eligible works in our letters, reports, memos, lectures, addresses, sermons, scripts, etc. Should we be required to register all of these, we will have no time to do any other work. Should the failure to register deny us the necessary protection? There are many who do not think so. To even attempt to register a fraction of the works eligible for copyright requires a bureaucracy, the size and cost of which is not meaningful to contemplate.



Just think of it: If registration is a condition for copyright protection, it then means that anyone who registers a work may claim copyright in the work even if he is not the creator of the work. Can you imagine the commotion this is likely to cause in a semi-literate society like ours with the enormous danger of fraudulent registrations which may in fact defeat the whole purpose of copyright protection?



I know that some people will react to this piece with disbelief. Some may even ask, “how then do I prove that I own the copyright in my work?”



In my humble view, her Lordship should have looked at Section 43 of the Copyright Act which makes provisions for presumptions in copyright infringement cases. The burden of proving ownership of copyright does not lie with the Plaintiff. It is the Defendant who must bring evidence to show that the Plaintiff is not the owner of the copyright.



With all due respect to her Lordship, her decision is dangerous and needs to be overturned. I do not know Mr. Paul Allen Oche, the Plaintiff in the matter, but I urge him, in the interest of the many thousands who depend on the copyright system for their livelihood to please appeal the decision since her Lordship has become “functus officio” in the matter.



No… No… No, my Lord! There is no registration of copyright in Nigeria!

SOURCE:
https://www.thebarandbenchnews.com.ng/2021/09/no-no-no-my-lord-there-is-no.html?m=1

Ever toiled years to come up with an original idea and some big company uses it without without your consent and the government that's supposed to defend you gets compromised and gives you the left leg of fellowship? Check out this publication to see how government agencies have turned their back on a youth who made a creative work, the Nigeria Breweries infringed on the work of a creative author Paul Oche who made a book which could be adapted for branding adverts of Amstel Malta a subsidiary of NB, the author reported the issue to the NCC who sued NB but later withdrew the suit from the court without informing the author nor giving adequate explanations for their action which therefore suggests a compromise on the side of the copyright protection agency.
https://www.nannews.ng/author-files-n20m-damages-suit-against-copyright-commission/

Pls how much is the cost of the scratch card

Barça nw av a diving trio. NEYMAR, SUAREZ AND SERGIO BUSQUETS, the 3 of them may propose dat camp nou be converted to a pool. Strikers find it difficult in barca nd often leave at d end coz in barca every1 passes d ball to messi, check d stats. If suarez bites any real madrid player, he wud get d ban dat wud shock d world coz d madrid media wud jst make it look lyk d dog his grandma referred to, nd he shud be informed of wat pepe, ramos, miranda nd d odas cn do to him.

Kudos to dangote, may the good lord favour all those who have invested to see our economy grow, stop complaining of ur hustling and work to build a beta naija, no mata hw u hustle, u still hustle reach JUDAS ISCARIOT Damn dat guy sold CHRIST.

tnx deiok

Pls help me check 36129511ed, let me knw if i should still propell my missile to jamb office, them do me ojoro

Yesterday, 100,000 NSCDC officers were assigned to various UTME CENTRES, i just feel pity for those of you that wore "my oga at the top" tshirt, and for u dat use my oga at the top by eldee as ur ringtone, God come punish devil say ur phone na china home theatre and e come while dem dey scan u, na channels tv morning show u go stay answer ur jamb question, lol

About an estimated number of 100,000 NSCDC OFFICERS were assigned for UTME today, i sorry for the people wey wear "my oga at the top" t-shirt and u wey use "oga at the top by eldee" as your ringtone, God come punish devil ur phone ring for checkpoint, na hospital u go receive ur JAMB bill, u go fear bill wey dey lyk ur centre numba, lol.

Abba father!!! 14million for one shirt, will it cover my sins, or is it a talisman or an anti-missle defence material, shebi the shirt has no wings behind, just imagine someone buying this shirt and gets chased by a crocodile for IMPERSONATION.

Chinyxboy:
UNIPORT: First Choice Candidates - 42,630 Second Choice Candidates - 34,712 while MOUAU (UMUDIKE): First Choice Candidates - 24,269 Second Choice Candidates - 29,624.

Chinyxboy:
UNIPORT: First Choice Candidates - 42,630 Second Choice Candidates - 34,712 while MOUAU (UMUDIKE): First Choice Candidates - 24,269 Second Choice Candidates - 29,624.

Chinyxboy:
UNIPORT: First Choice Candidates - 42,630 Second Choice Candidates - 34,712 while MOUAU (UMUDIKE): First Choice Candidates - 24,269 Second Choice Candidates - 29,624.

thanks a lot

What of uniport and mouau(umudike)

@op u probably skipped the trending poster right now

I saw this picture at a modelling shop, please lets pity this man, he is going through a lot of trauma right now, my people u dnt look at the sin of a dog and say u want to kill him, it can happen to any body irrespective of your personality, just save this man the shame, i believe he has learnt it the hard way and it would also help others who are coming up too

Hot Goat meat pepper soup or freshly baked bread, the aroma alone can elevate you to a ream where angels are gathered and playing mamako and some other departments that can be conglonomerated in an hydraulic press of an upadem equiva of a political brohaha.

Nairaland is owned by Oluwaseun Osewa

@OP, u down saw wood wey go kill you, them go even do ur coffin wit d wood, if u took pls dnt try it again go and seek for mercy from the lord, @ topic , i was born in corridor of a hospital, i was out already b4 d nurses came, i was so anxious to see the world nt knowing dat i was in naija, i almost went bk, bt i said tinz wud change wit tym

I want to from those you that are now men and women, the exact age you were when your parents stopped using stick method of discipline on you, for me i was 13years old when it stopped because i began to behave upright, so can we share our views here

Pls i want to know if this scholarship is a scam or real coz they request dat u must make a payment of 5k to be able to apply, any beneficiary here

2yrs ago, i met a girl in a clinic, she was ill so the nurse on duty wanted to administer treatment, then the nurse asked her, have you eaten anything today? She said yes, then the nurse inquired to know what she ate, then the girl replied, i ate indomie noodles and egg, then the nurse said ok and she administered the treatment, ladies and gentlemen you will not believe that 5mins later this same girl vomitted, behold the content of the vomit was eba and not the supposed noodles, so you can see that some of them just want to claim what they are not.

^^I hate lies coz i dnt say wat am nt bt u would concour wit me dat girls cn tel imaginary lies witout reasoning if d person isn't a slowpoke

Girls can form eh...especially the ones with empty brains.
Abeg amongst all these girls who lie pass?.
1.Tola orders.....Wait er ..., pls I like my SALAD very hot, also,can i have two bottles of SHAWARMA?
2.Sharon says.....Oremi give meyour PIN lemme call you. 3.Mabel says.....I'm so tired, I just made my hair in shoprite.
4.Rejoice says.....Really , I want to spend my summer in London this xmas period.
5.Cynthia explains.....I just bought my BB butI haven't collected d PIN.
6.Bose brags.....When I'm flying, I always like the window seat cos I open it for freshair.
7.Fatima says.....I prefer london to Uk during winter.
8.Titi says.....Hmmm, u can't even imagine, I just bought a g-string, and the thing I like
most about it is the back pocket.
9.Chioma orders.....plea se if u don't have meat pie,doughnuts or scotch egg, just give me snacks.
10.Toyin laments.....in our house eh, we useto have 3 pools, untilarmed robbers stole 2

ISLAM-A-BAD

For me i don't beg for offerring whether it will cause me any embarrassment or not, so whats your view about this

Friedrich080: [color=#990000][/color] Na wa o...una don start ur fuckn rumour again...Well i no fix pity anybody cause na evrybody go died.....do good buddies...

oh my God, this the more reason why i say dnt take weed when u haven't taken garri, is this english or chinko, pls u cn do beta:-D

Pls brethren i want you to pray for this iran, cause i had this revelation some before but i thought it was korea, after the firing and all that the later story was hilarious, i saw rocket launchers,missiles and other forms of weapons of mass destruction, i saw skyscrapers falling down,cities were on fire,orphanages were helpless,children were crying, pls pray against any war that may result from this attack, and the lord shall keep our earth,pls dnt forget that the effectual fervent prayer of a righteous man availeth much, pls if u cnt believe this ignore my comment and dnt quote my post or make any comment abt it

Am just thinking of how many staffs of access bank and co. would be dropped,these banks should look forward to how they can cut the cost of buying diesel and think of alternative means of power, so that they can be able to bear the effect of this, and why on earth should a CEO be earning such a huge salary P.A, and they would be complaining of the cost of management, they should slash their pay, so that it can be used to balance relevant issues, just my opinion

Am a survivor, born with SS and lived with it for twenty years bt all those years i neva tot of it bcoz my goal was to bcome a beta person, i neva took drugs nd i only slept in a hospital bed twice coz i had typhoid, bt 1 day d lord remembered my cry nd i got healed wen i was doing my visa application, i was shocked wen i saw AA,O+, SO my dear God cn do it 4 u jst believe him and he wud visit u 1day, dnt wori ur man wud cme sumday wen u wud find anoda luv, be strong and be faithful even unto death coz there is greater glory dat awaits u, God will heal u

These movies got me crying and i was thinking if it happened to estella.passion of christ,titanic, the gladiator, Prison break(the death of scofield), a million tears, sometimes in april, dog of war, great expectations, these movies and some other ones made me cry

Ghanaian king's luggage, valuable jewelry swiped from Norwegian hotel
From Per Nyberg, CNN
October 13, 2012 -- Updated 2144 GMT (0544 HKT)
Police used surveillance videoto spot a man and woman suspected in the theft and areasking for citizens' help to identify them.
STORY HIGHLIGHTS
King Otumfuo Osei Tutu II, head of the Asante people, goes to Norway to attend a conference
One of his bags is stolen fromthe lobby of a Radisson hotel in Oslo, according to police
The luggage contains royal jewelry "of great value," police say
Authorities release video hoping the public can identify two suspects in the theft
(CNN) -- Rather than getting treated like royalty, an African king got a rude introduction to Norway when thieves made off with his luggage -- with his precious, valuable jewelry tucked inside.
The whereabouts of King Otumfuo Osei Tutu II's valuables inside the bag swiped Wednesday from the lobby of the Radisson Blu Plaza Hotel in Oslo remain unknown. Police used surveillance video to identify a man and woman suspected in the theft and are asking forcitizens' help in identifying them, acting Oslo Assistant Chief of Police Hege Naustad told CNN on Saturday.
While Ghana is a constitutionaldemocracy led by a president since the mid-20th century, it has a rich history beyond that-- including groups that date back centuries, including the Asantes, who are centered inland in the West African nation.
The current leader of the traditional Asante kingdom, the 62-year-old King Osei Tutu, remains a prominent figure in Ghana. Based at the Manhyia Palace in Kumasi, he frequently weighs in on issues -- from expressing condolences over the death this summer of Ghanaian President John Evans Atta Mills to promoting development and unity among Asanteman chiefs. As recently as Friday, he asked all politicians "to refrain from personal attacks and insinuations" ahead of December elections, accordingto his website.
The king had gone to Oslo to promote his people by taking part in a conference run by the Norwegian African Business Association, according to Naustad.
The British-educated monarchlanded at the airport in the Scandinavian city Wednesday,and subsequently made his way to the hotel in the city center.
It was there in the hotel lobby that one of the king's bags was stolen, the assistant police chief said. The royal jewelry inside the stolen luggage is "of great value," he added.
The theft was immediately reported to authorities, with the hotel's surveillance tape soon becoming a key piece of evidence.
The video shows a backpack-toting male suspect entering through a revolving door wearing a cap, sunglasses and light pants. The other person pictured is a woman ina head scarf and glasses, wearing light pants, a dark jacket and a dark shirt underneath source: http://edition.cnn.com/2012/10/13/world/europe/norway-ghana-royal-theft/index.html?eref=edition

I would like all aspirants and students that have been admitted to meet here and share there views so as to enlighten prospective students like me of how the school is and when the rest list would be published, i await your comments

am jst abt to fry two basins and a bucket of groundnuts to blend wit my Garri, if u need u can jst click like