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Documente Cultură
OWNERSHIP IN FILM
PRODUCTIONS
BY
Michael Akpan
Nigerian Copyright Commission
At
WIPO/NCC Seminar for Film Professionals
Lagos
13 – 14 0ct0ber, 2008
Outline of Presentation
Copyright Protection of Film;
Determination of Copyright Ownership;
Acquisition of Rights (Pre – Production);
Acquisition of Rights (Post- Production);
Challenges of Rights Management; and
Conclusions/Recommendations.
Statutory Definition of Film
Section 39 (1) defines Cinematograph films to
be:
- First fixation of visual images
- Capable of being shown as a moving picture
and being the subject of reproduction; and
- Includes the recording of a sound track
associated with cinematograph film,
Ownership (cont.)
First Ownership is determined in line with the
provisions of the law.
The author of a work is regarded as the first
copyright owner (Section 9 (1)).
An author in the case of a film is:
“the person by whom arrangements for the
making of the film were made, unless the
parties to the making of the film provide
otherwise by contract between themselves”
(Section 39 (1))/
Obligations to Conclude Contracts
The maker of a film is obliged to conclude,
prior to the making of the film, contracts in
writing with all those whose works are used in
the making of the film.
The Copyright Law recognizes the
independent status and creative quality of the
different component works.
While the final product becomes the
intellectual property of the copyright owner,
the law nevertheless, protects the interest of
authors of component works.
THANK YOU