THE PROPRIETY AND MORALITY OF COMPULSORY LICENSING UNDER COPY RIGHT

Abstract

Copy right refers to an exclusive legal right of a holder to reproduce, publish, sell, or distribute the matter and form of something (such as a literary, musical, or artistic work). It is a property right in an original work of authorship including literary, musical, dramatic, choreographic, pictorial, graphics, sculptural, and architectural works: motion pictures and other audio visual works; and sound recording fixed in any tangible medium of expression, giving the holder the exclusive rights to produce, adapt, distribute, perform, and display the work However, this right is not absolute because it is morally prejudicial and socially unacceptable of an author to further and promote the concept monopoly by limiting the circulation availability of needed and affordable literary works. Therefore, compulsory licensing is based on the need to have access to protected works on practicable terms, realizing the difficulty or impossibility of obtaining license from copy right owners and seeking to avoid the creation of monopoly at the expense of the public. Therefore, it is not arguable that the grant of compulsory license is founded on necessity. This work will pivot around the Nigerian and International legal framework on compulsory licensing, the eligibility criteria for application of compulsory license, an evaluation of the morality of compulsory licensing under copy right and the author’s prejudice shall lastly be considered.  Conclusion and recommendations shall be drawn from the outcome of the research.