Section 35 Copyright Act

Section 35 Copyright Act 2022 is about Compulsory licence for public interest. It is under Part III (Ownership, Transfers and Licences) of the Act.

(1) Notwithstanding the provisions of this Act, the Commission may authorise the use of a work by any person for the purpose of rectifying the abuse of a dominant market position or to promote public interest.

(2) An application for a licence under this section shall be made in a manner prescribed, accompanied with evidence of payment of a prescribed fee and good cause shown for the grant of the licence by the Commission.

(3) The Commission may authorise the use of a work under subsection (1) after taking into consideration that the —
(a) proposed user has made reasonable effort to obtain permission from the owner of copyright on reasonable commercial terms and conditions and that the effort was not successful ;
(b) scope, medium and duration of the use shall be limited to the purpose for which it was authorised ;
(c) use shall be non-exclusive and non-assignable ;
(d) use shall be exclusively for Nigeria’s domestic market ; and
(e) copyright owner receives payment of adequate remuneration, taking into account the economic value of the work authorised to be used.

(4) Subject to adequate protection of the interests of the authorised persons, the authorisation may be withdrawn where the circumstances that led to its grant has ceased to exist.

(5) The Commission may waive the condition stipulated in subsection (3)(a) in the event of national emergency or other circumstances of extreme urgency and notify the owner of copyright.

(6) The Commission may make regulations providing for conditions necessary to give effect to the provisions of this section.

(7) A person who is dissatisfied with an authorisation granted by the Commission under this section or any remuneration required to be paid under the authorisation granted by the Commission, may apply to the Court for a review.