Section 49 Copyright Act

Section 49 Copyright Act 2022 is about Anti-piracy measures. It is under Part VI (Anti-Piracy and other Measures) of the Act.

(1) The Commission shall have powers, with the consent of the Minister, to prescribe any design, label, mark, impression or any other antipiracy device for use on, in, or in connection with any work in which copyright subsists.

(2) Any person who —
(a) sells, rents, hires, or
(b) offers for sale, rental or hire, any work in contravention of the prescription made under subsection (1),
commits an offence and is liable on conviction to a fine of at least N500,000 or imprisonment for a term of at least three years or both.

(3) Any person who without the permission of the Commission —
(a) imports into Nigeria, or
(b) has in his possession, any machine, instrument or other contrivance intended to be used for the production of anti-piracy device, commits an offence and is liable on conviction to a fine of at least N1,000,000 or imprisonment for a term of at least five years, or both.

(4) Any person who without the permission of the Commission —
(a) reproduces, or
(b) counterfeits, any anti-piracy device prescribed under this section, commits an offence and is liable on conviction to a fine of at least N500,000 or imprisonment for a term of at least three years or both.

(5) Any person who without the permission of the Commission, is in possession of any anti-piracy device prescribed under this section, unless he proves to the satisfaction of the court that he did not know and had no reason to believe that such device was a prescribed anti-piracy device, commits an offence and is liable on conviction to a fine of at least N100,000 or imprisonment for a term of at least one year or both.

(6) The Commission shall have power, with the consent of the Minister, to make regulations specifying the conditions necessary to give effect to the purpose of this section.