UNDERSTANDING COPYRIGHT FOR ARTISTIC WORKS IN NIGERIA

By Oluwanifemi Ogunmodede

( Corporate & Commercial Associate, G L Agbomoagan Legal Practitioners & Consultants)

In Nigeria’s creative industry, whether in fine art, music, photography, fashion, design, or digital media copyright law plays a central role in protecting original creators. For artists, knowing what rights they have (and how to enforce them) is just as important as the creative process itself.

Under the Nigerian Copyright Act (as amended in 2022), artistic works include:

* Paintings, drawings, etchings, lithographs, woodcuts, engravings, and prints

* Maps, plans, diagrams, technical drawings

* Works of architecture (buildings, models)

* Works of artistic craftsmanship (e.g., sculpture, handcrafts, textiles, carvings)

* Photographs

* Audio recordings

This means that creations enjoy copyright protection once they are original creations and fixed in a tangible medium.

Copyright in artistic works arises automatically upon creation: there is no need for formal registration. However, voluntary registration with the Nigerian Copyright Commission (NCC) via The Nigerian Copyright e-Registration System can serve as proof of ownership in case of disputes.

–  Works eligible for registration are:

* Literary works (books, other written and printed works and computer programs).

* Musical works (musical scores and compositions duly recorded).

* Artistic works (visual arts, pictures, drawings, 3-dimensional works, etc).

* Cinematographic films

* Sound recordings (audio recordings).

Duration of Protection

* For artistic works: life of the author + 70 years after their death.

* For photographs: 70 years from the year of first publication.

Rights of the Author

The creator enjoys:

1. Economic rights : exclusive rights to reproduce, publish, adapt, distribute, or display the work.

2. Moral rights : the right to claim authorship and object to any distortion or mutilation of the work that could harm the creator’s reputation.

In a fast-growing creative economy, protecting artistic works ensures that creators are rewarded for their originality, prevent piracy, and boosts investor confidence in Nigeria’s creative sectors.

This summary, prepared in line with the concept of copyright in Nigerian law, is for informational and educational purposes only and does not constitute legal advice. For advice tailored to your circumstances, please consult a legal practitioner.