Neighboring Rights in Nigeria

NEIGHBORING RIGHTS IN NIGERIA

ABSTRACT

Intellectual property law has proved to be a possible tool for the transmission and management of traditional cultural expressions and cultural heritage; protecting it from unauthorized use, reproduction, misappropriation and other forms of dishonest exploitation.  “Neighboring Rights” is one of those terms that can cause an awful lot of confusion due to the background of the name itself. It is often confused with relating to payments from neighboring countries, when in fact the explanation is far more basic[1] - these are generally, rights of individuals who assist intellectual creators (like musicians) to communicate their message and to disseminate their works to the public.

There are basically two neighboring rights statutorily recognized in Nigeria, these are the performance rights and rights to the expression of Folklore. These are two interesting focuses to be discussed in details. The importance of the protection of neighboring rights lie in its value as a framework for safeguarding cultural rights from abusive exploitation, particularly, the expression of folklores.

The research is aimed at enlightening the readers to understand neighboring right and the modalities of its enforcement in Nigeria.

TABLE OF CONTENTS

1. Introduction.

2. Principles of neighboring rights.

• Brief description of the types of neighboring rights;

• Performers right;

• Expression of Folklore.

  
  

  3. Enforcement of neighboring rights.

            .Civil Proceedings for the Enforcement of Neighboring Rights;

•       Criminal proceedings for the Enforcement of neighboring Rights

   

4. Conclusion/recommendations