Section 27 Copyright Act
Section 27 Copyright Act 2022 is about Special exceptions in respect of sound recordings of musical works. It is under Part II (Exceptions to Copyright) of the Act.
(1) The copyright in a musical work is not infringed by a person who makes a recording of the work or of an adaptation in Nigeria, if —
(a) recording of the work or adaptation, has previously been made, imported into or otherwise made available in Nigeria, for the purpose of retail sale with the consent or licence of the owner of the copyright ;
(b) before making the recording, the person gives notice in the prescribed manner of his intention to record to the owner of the copyright or the relevant approved collective management organisation ; and
(c) the person pays to the owner of the copyright or the relevant approved collective management organisation a royalty of an amount equal to a percentage of the ordinary retail selling price of the record calculated in accordance with regulations made by the Commission.
(2) Where a recording comprises two or more musical works in which copyright subsists and the owners of the copyright in the works are different persons, the royalty shall be apportioned among them in such manner as they may agree or in default of such agreement, in accordance with the rules of the relevant collective management organisations or the regulations made under this Act.
(3) Where a recording comprises of a performance of a musical work or of an adaptation of a musical work, in which words comprised in a literary work are sung or are spoken and no copyright subsists in that literary work or where copyright subsists, the conditions specified in subsection (1) are fulfilled
in relation to that copyright, the making of the recording shall not constitute an infringement of the copyright in the literary work.
(4) The provisions of subsection (3), shall not be construed as requiring the payment of more than one royalty in respect of a recording and where copyright subsists in both the musical work and literary work and their owners are different, the royalty shall be apportioned among them and any other person
entitled to a share, as they may agree or in default of agreement, shall be determined by the rules of the relevant collective management organisation or the regulations made under this section.
(5) For the purpose of this section, an adaptation of a work shall be taken to be similar to an adaptation contained in previous records, if the two adaptations do not differ substantially in their treatment of the work, in respect of style or apart from a difference in number of the performers required to
perform the adaptations.
(6) The Commission shall have power to make regulations providing for conditions necessary to give effect to the purposes of this Part.
