A friend just asked me this morning whether or not the folklore of the various indigenous communities spanning across Nigeria have any legal protection. By folklore, I mean those traditional songs, poetry,plays, dances which form part of the identity of a particular tribe or race.The arts of a tribe can also be regarded as its folklore.Ordinarily, one is tempted to think that folklore should be works whose author is anonymous and there ought to be nobody laying claims to copyright in respect of them.
THE LEGAL POSITION
Section 31 of the Copyright Act, Cap.C28, Vol. 4, Laws of the Federation of Nigeria vests in the Nigerian Copyright Commission a right to protect expression of folklore.First, keep in mind that it is a right not a duty on the part of the Commission as section 3(2) of the Act refers to it as a right.By implication, it means the Commission cannot be forced to exercise this right since it is not a duty which it can be compelled to perform through an order of mandamus by the Federal High Court as a federal government agency.
It should further be noted that it is only when expressions of folklore are made either for commercial purposes or outside their traditional or customary context that the protection provided in section 1 of the Act may apply.Thus, if for instance, a person uses an expression of folklore for commercial purposes without the consent of the Nigerian Copyright Commission, he shall be in breach of statutory duty and he shall be liable to the Commission in damages, injunctions and any other remedies as may be awarded by the court in the circumstances.
If the Commission is really up an doing, this is another good area where revenue can be generated for the federal government.
Till tomorrow when we shall meet again, stay calm and do not cause trouble.
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