UNDERSTANDING AUTHORSHIP CRITERIA IN NIGERIAN COPYRIGHT LAW

Abstract

This paper examines the concept of authorship within Nigerian copyright law, highlighting its complexities and the ambiguities that arise due to inconsistent definitions across various types of creative works. The 2022 Copyright Act defines authorship differently based on the category of work, but lacks clear definitions for literary, musical, and artistic creations, which complicates judicial determinations. Aiming to clarify authorship standards, this doctrinal research explores the legal criteria of originality and fixation, which are critical to authorship ascription. Rooted in philosophical theories such as Locke’s labour theory and personality theory, the analysis justifies the protection of moral and economic rights, which are vital to incentivising creativity and respecting the creator's personal connection to their work. Key findings reveal that while Nigerian copyright law addresses authorship broadly, it lacks a cohesive framework that aligns with international standards on eligibility and copyright criteria. The paper recommends clearer definitions within the Act and consistent judicial interpretations to reduce ambiguity, especially in collaborative works. By establishing comprehensive authorship criteria, Nigerian copyright law can foster a supportive environment for both individual and collective creators, enhancing legal clarity and predictability in copyright administration.