Identification and Proof of Copyright Infringement in Copyrighted Works

Copyright infringement basically entails the violation and piracy of an author’s exclusive right through the unauthorised use of a copyrighted work. It is imperative that creatives differentiate their work from another author of designated works, otherwise the same will amount to an infringement.

Section 15 of the Nigerian Copyright Act (“NCA”) set out various acts which constitutes infringement of copyright and it includes the unauthorised doing of acts in respect of which the copyright owner has been accorded exclusive rights as well as various dealings, usually of a commercial nature, in infringing copies of copyright works. The acts which constitute infringement include the unauthorised making, copying or reproduction, publication, public performance, distribution, broadcast and adaptation of the work. The doing of any of these acts without the consent of the copyright owner constitutes infringement unless such act falls within the scope of the exceptions from copyright control. 

This article aims at identifying and providing how to prove copyright infringement in a protected work.