INTELLECTUAL PROPERTY COMPLIANCE STRATEGIES IN THE DIGITAL ERA: AN APPRAISAL OF ONLINE COPYRIGHT INFRINGEMENT AND LEGISLATIVE CHALLENGES IN NIGERIA

ABSTRACT

The rapid digitalization of the global economy has amplified the challenges
of intellectual property (IP) protection, particularly in the context of
copyright enforcement. In Nigeria, a country with significant creative
industries but pervasive online copyright infringement, the effectiveness of
compliance strategies and legislative frameworks remains a pressing concern.
This thesis explores the dynamics of copyright infringement in the digital
space, evaluates existing IP laws and enforcement mechanisms in Nigeria, and
examines the role of technology and international cooperation in addressing
these challenges. Recommendations are offered to enhance Nigeria's capacity
to mitigate copyright violations and promote a culture of IP compliance.

CHAPTER ONE

INTRODUCTION

1.1 Background to the Study

The advent of the digital era has revolutionized the way intellectual property (IP) is created, disseminated, and consumed. With the global shift towards digital platforms, creators have gained access to wider audiences and new revenue streams. However, this transformation has also facilitated rampant unauthorized use and distribution of copyrighted materials, commonly referred to as digital piracy. For countries like Nigeria, where the creative industry is a significant contributor to the economy, this challenge threatens not only economic growth but also the sustainability of cultural expression.

Nigeria’s creative sectors including Nollywood, the music industry, and literary arts have experienced substantial growth over the past two decades. Nollywood is now recognized as the second-largest film industry in the world by volume, while Nigerian music enjoys global acclaim. Despite these successes, creators and investors face persistent threats from online piracy, which undermines the economic potential of these industries and discourages investment in content creation.

The rise of digital platforms such as YouTube, SoundCloud, and peer-to-peer sharing networks has compounded these challenges. While these platforms have democratized content distribution, they also provide avenues for copyright infringement. The Nigerian government has made efforts to address these issues, including the enactment of the Copyright Act and the establishment of agencies such as the Nigerian Copyright Commission (NCC). However, enforcement remains weak, and legislative frameworks have not fully adapted to the demands of the digital age.

1.2 Problem Statement

The persistent issue of online copyright infringement in Nigeria highlights significant gaps in the country’s intellectual property ecosystem. Existing laws, such as the Copyright Act (Cap C28, Laws of the Federation of Nigeria 2004), are ill-equipped to address the complexities of digital piracy. Enforcement agencies face resource constraints, lack technical expertise, and are often unable to tackle cross-border infringement effectively. Furthermore, many consumers remain unaware of the economic and legal consequences of accessing pirated content.

The proliferation of unregulated digital platforms exacerbates the problem, allowing pirated works to be distributed widely with minimal risk of detection or legal consequences. This situation not only deprives creators of deserved revenue but also erodes public trust in the value of intellectual property rights. Without robust intervention, these challenges could hinder Nigeria’s ability to leverage its creative industries for economic diversification and growth.

1.3 Research Objectives

This study aims to address the pressing issue of intellectual property compliance in Nigeria’s digital environment by pursuing the following objectives:

• To analyze the nature and scope of online copyright infringement in Nigeria.
• To evaluate the effectiveness of existing legislative and enforcement mechanisms.
• To propose actionable strategies for enhancing IP compliance in the digital era.

1.4 Research Questions

The research seeks to answer the following key questions:

• What are the predominant forms of online copyright infringement in Nigeria?
• How effective are Nigeria’s current IP laws and enforcement practices in combating digital piracy?
• What strategies can be employed to strengthen IP compliance in Nigeria’s digital ecosystem?

1.5 Significance of the Study

This study holds significant value for multiple stakeholders. For policymakers, it provides a critical appraisal of the gaps in Nigeria’s legislative and enforcement frameworks, offering actionable recommendations to strengthen IP protection. For legal practitioners, it offers insights into emerging trends and challenges in copyright enforcement. Additionally, the study serves as a resource for creators and industry stakeholders, empowering them to advocate for better IP compliance and to adopt practices that mitigate piracy.

Beyond its practical applications, this research contributes to the academic discourse on intellectual property in developing economies. By focusing on Nigeria’s unique socio-economic and technological context, it sheds light on broader issues of digital copyright enforcement in Africa and other developing regions. The study’s findings have the potential to inform regional collaborations and international policy initiatives aimed at addressing the global challenge of digital piracy.