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Section 15 Nigerian Copyright Act 2022

Section 15 Copyright Act

Section 15 Copyright Act 2022 is about Right to remuneration for broadcasting of sound recordings. It is under Part I (Objectives, Scope and Subsistence of Copyright) of the Act.

(1) Where a sound recording has been published for commercial purposes, the performer and owner of copyright of such sound recordings shall enjoy the right to equitable remuneration for any broadcast of the sound recording.

(2) The remuneration referred to in subsection (1), shall be paid by the person who uses the sound recordings or copies.

(3) The amount of remuneration and the conditions of payment shall be as agreed between the users of sound recordings on the one hand, the performer and owner of copyright in sound recordings on the other hand or their representatives ; and where the parties fail to reach an agreement, it shall be
determined by the Commission.

(4) Unless otherwise provided for in an agreement, the distribution of the remuneration referred to in subsection (1) between the performer and the owner of copyright in the sound recording shall be determined by the Commission.

(5) Where remuneration is to be received on behalf of a performer and the owner of copyright in the sound recording by more than one collective management organisation, the collective management organisations concerned shall agree on which of them shall collect such remuneration on their behalf, failing which the Commission may specify accordingly.

(6) The provisions of subsection (1) shall be exercised without prejudice to the right of a copyright owner to obtain remuneration for the use of his work fixed in such sound recording.

See also  Section 25 Nigerian Arbitration and Mediation Act 2023

(7) For the purposes of this section, sound recordings made available to the public by wire or wireless means in such a way that members of the public may be accessed from a place and at a time independently chosen by them shall be deemed as published for commercial purposes.

(8) In the exercise of the rights under this section, the performer and owner of copyright in a sound recording shall have a right to the logs, statements and information relating to the broadcast of the sound recording.

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