An Appraisal of the Operational Problems Hindering the Protection of Performer's Rights as Copyright in Nigeria

Intellectual creation occupies a prominent place within the economic,
social and cultural development of each nation; the wellbeing of a country
is also appreciated by its capacity to create, introduce, manage and exploit
intellectual assets beyond its natural resources, its labour or capital.
Protection of intellectual property rights is of particular importance
because the essence, goal and purpose are to protect the product of human
intelligence and at the same time to guarantee for the benefit of consumers
the use of such produce. Copyright and neighbouring rights are one of the
main branches of Intellectual Property rights. Copyright is a significant
specie of intellectual property which includes literary works, musical works,
artistic works, cinematograph films, sound recordings and broadcasts.
Neighbouring rights refer to the rights of a live performer also known as
performer’s rights. Both copyright and neighbouring rights are protected
under the Copyright Act, even though the Act makes independent provisions
for each. This paper discusses the statutory framework dealing specifically
with the protection of neighbouring rights and examines how neighbouring
rights have been protected in international copyright laws; The Rome
Convention, Trade Related Intellectual Property Rights (TRIPS), both of
which Nigeria is a signatory to, and the Beijing Treaty which for the first
time in international copyright extends protection to live performance. The
operational problems encountered in the course of enforcing neighbouring
rights are highlighted and suggestions proffered on how to alleviate same.