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Section 107 Nigerian Copyright Act 2022

Section 107 Copyright Act

Section 107 Copyright Act 2022 is about Transitional provisions. It is under Part XII (Miscellaneous Provisions) of the Act.

(1) Subject to the provisions of this Act, the Director–General of the Commission under the repealed Act is deemed to continue to serve his tenure under this Act.

(2) Any person who immediately before the commencement of this Act was a staff of the Nigerian Copyright Commission established under the repealed Act shall continue in office and be deemed to have been appointed under this Act for purposes of pension.

(3) Properties held immediately before the commencement date of this Act on behalf of the Nigerian Copyright Commission by any person shall, by virtue of this Act, be vested in the Commission established under this Act.

(4) The Commission established under this Act shall be subject to all the obligations and liabilities to which the former Nigerian Copyright Commission was subject immediately before the commencement of this Act and all other persons shall have the same rights, powers and remedies against the Commission established by this Act as they had against the Commission immediately before the commencement of this Act.

(5) Any proceeding or cause of action pending or existing immediately before the commencement of this Act by or against the Commission established under the repealed Act in respect of any right, interest, obligation or liability of the Commission may be continued or commenced, as the case may be, and
any determination of a court of law, tribunal or other commission or person may be enforced by or against the Commission established by this Act to the same extent that such proceeding, cause of action or determination might have been continued, commenced or enforced by or against the Commission as if this Act had not been made.

See also  Section 92 of the 1999 Constitution of Nigeria (Updated)

(6) This Act applies in relation to works made before the commencement of this Act as it applies in relation to works made after the commencement of this Act.

(7) Proceedings for infringement of Copyright Act, may be taken, notwithstanding that the alleged infringement occurred before the commencement of this Act.

(8) Where an act done before the commencement of this Act was then an infringement but is not an infringement under this Act, proceedings in respect of the act may be taken as if this Act had not been made.

(9) Contracts for the licensing of any act in respect of copyright that were effective immediately before the commencement of this Act, shall continue in effect as if they related to the corresponding copyright under this Act.

(10) A notice given under section 44 of the repealed Act and not withdrawn before the commencement of this Act shall continue in effect as if it had been given under section 84 of this Act.

(11) Any subsidiary legislation which was in effect immediately before the commencement of this Act shall remain in effect, subject to any necessary modifications, as if it had been made under this Act, and may be added to, amended, revoked or varied accordingly.

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