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Section 86 Nigerian Copyright Act 2022

Section 86 Copyright Act

Section 86 Copyright Act 2022 is about Copyright Officers. It is under Part X (Establishment of Nigerian Copyright Commission and Copyright Administration) of the Act.

(1) The Commission may appoint Copyright Officers as may be necessary for the effective enforcement of the provisions of this Act.

(2) A Copyright Officer shall, without a warrant have the power to —
(a) enter, inspect and examine at any reasonable time any building or premises which he reasonably suspects is being used for any activity which is an infringement of copyright under this Act ;
(b) arrest any person who he reasonably believes to have committed an offence under this Act ;
(c) make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act are complied with ;

(d) demand the production of any record required to be kept under section 48 of this Act and to inspect, examine or copy such record ;
(e) demand information and access any database relating to copyright ;
(f ) require any person who, he finds in any building or premises to give such information as it is in his power to give in relation to any purpose specified in this Act and seize, or take into custody any infringing copy, contrivance, material, equipment used or suspected to be used in committing an offence under this Act ;

(g) seal up premises and carry out any examination, test or analysis within or outside the premises as may be required to give effect to any of the provisions of this Act and may capture any image where such
examination, test or analysis is within the premises ; and
(h) exercise such other powers as are necessary for the effective discharge of his duties or as the Commission may delegate.

(3) A person who —
(a) obstructs, hinders, prevents, or assaults a Copyright Officer in the performance of any function or the exercise of any power under this section,
(b) does anything which impedes or is intended to impede the sealing up of premises or removal of books or documents or any other article for the purpose of investigation of any contravention of the provisions of this Act or regulations made under this Act,

See also  Section 56 Nigerian Arbitration and Mediation Act 2023

(c) does anything intended to prevent the procuring or giving of evidence in connection with the prosecution for any breach of the provisions of this Act, or
(d) prevents the arrest of any person by a Copyright Officer or rescues any person so arrested,
commits an offence and is liable on conviction to a fine not more than N100,000 or imprisonment for a term of at least one year or both.

(4) A Copyright Officer shall have the powers, rights and privileges of a police officer as defined under the Police Act or any other relevant enactment relating to investigation and prosecution of a criminal matter.

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