LEGAL ANALYSIS OF THE PROTECTION OF FOLKLORE UNDER THE NIGERIAN COPYRIGHT ACT

Abstract

Generally, globalisation and the information Technology revolution have
pushed the demand for intellectual property protection beyond the borders
of sovereign nations. In the same vein, liberalization, international treaties,
tourism, the media and the steady shift to free market economies enable
greater movements of goods across the world and the need for better
intellectual property protections. Intellectual Property rights include
traditional knowledge issues and the protection of folklore. It is against this
background that this paper aimed at appraising the question of originality
vis-à-vis the copyrightability and protection of folklore under the Nigerian
corpus juris. The objectives of this paper amongst others include examining
the legal framework for the protection of folklores under the Nigerian
Copyright Act. The normative juridical research method was used. This
paper found that the Copyright Act recognizes the protection of folklore in
Nigeria but identification and allocation of the right is almost uncertain. It
recommended the strengthening of the regulatory framework so that owners
of folklore can be identified, recognised and enabled to reap the fruit of
their labour while invaders are punished appropriately