Section 78 Copyright Act
Section 78 Copyright Act 2022 is about Functions and powers of the Commission. It is under Part X (Establishment of Nigerian Copyright Commission and Copyright Administration) of the Act.
(1) Subject to the provisions of this Act, the Commission shall —
(a) be responsible for all matters relating to copyright, including administration, regulation and enforcement in Nigeria ;
(b) monitor and advise Government on Nigeria’s position in relation to bilateral and multilateral agreements between Nigeria and any other country ;
(c) investigate and redress cases of infringement of copyright and settle disputes of copyright, where those disputes have not been specifically reserved for settlement under this Act ;
(d) enlighten and inform the public on matters relating to copyright ;
(e) create and maintain a register and database relating to copyright works ;
(f ) provide access to documents and information relating to any copyright kept or maintained by the Commission ;
(g) be responsible for such other matters as relate to copyright in Nigeria ; and
(h) exercise any other functions and duties as may be necessary for the attainment of the object of this Act.
(2) Subject to the provisions of this Act, the Commission shall have powers to —
(a) prosecute, conduct or defend before a court any charge, information, complaint or other proceedings arising under this Act ;
(b) levy such charges or fees as may be reasonable for services and facilities provided by the Commission ;
(c) regulate and implement measures to promote protection of copyright ;
(d) regulate the conduct of collective management of rights ; and
(e) exercise such other powers as are incidental to any of its objects under this Act.
(3) In exercising its powers of enforcement and compliance, the Commission shall have power to —
(a) demand for evidence of compliance from persons, public or private institutions and organisations ;
(b) caution a non-compliant person or entity in writing ;
(c) sanction a non-compliant person or entity by the imposition of administrative fines ;
(d) institute criminal-proceedings against a non-compliant person or entity ;
(e) institute civil actions against the defaulting person or entity ; and
(f ) obtain a court warrant or order to seize or detain any book, record, document or other information storage system or database which use does not conform with the provisions of the Act or relevant regulations made under this Act.
