Overview of Section 8 of Copyright Act 2022 in Foreign Work Protection: Appraisal of Microsoft Corporation v. Franike Associates Ltd (2011) LLER – 57308 (CA).
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Date
2023
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Al-Hikmah University Law Journal
Abstract
Territoriality in copyright protection is a fundamental concept globally, whereby intellectual property laws of a nation apply solely within its jurisdictional boundaries. Addressing challenges posed by cross-border copyright infringement, the doctrine of national treatment, enshrined in Article 5 of the Berne Convention, ensures authors enjoy in foreign countries the same rights granted to nationals under their respective copyright laws, alongside additional rights under the Convention. Protection under this principle is not subject to formalities and operates
independently of the work's protection in its country of origin, facilitating international copyright recognition. Analyzing the Microsoft Corporation v. Franike Associates Ltd case, which revolved around the eligibility of foreign copyright protection under Nigerian law, the Court of Appeal emphasized the requirement of reciprocal extension of protection, as stipulated in the Copyright Act, before assuming jurisdiction over such matters. The Court of Appeal affirmed this stance, underscoring the importance of subject matter jurisdiction and legal standing. Examining the evolution of Nigerian copyright law, particularly Section 33 and 41 of the current Copyright Act 1970 and 1988 respectively, reveal a departure from the reciprocity doctrine. This article therefore conducts a doctrinal appraisal of the Section 8 of the new Copyright Act of 2022 to discover the level of improvement that the new act has brought in complying with the article 5 of the Berne convention. It is our discovery that the new copyright act has created a departure from the precedent set Microsoft Corporation's case.