REG.

NUMBER: U09CS1048
INTRODUCTION Computer software, or just software, is any set of machine-readable instructions (most often in the form of a computer program) that directs a computer's processor to perform specific operations. It also refers to a set of programs, procedures, algorithms and its documentation concerned with the operation of a data processing system. Copyright refers to the right of literary property as recognized and sanctioned by positive law. An intangible incorporeal right granted by statute to the author or originator of certain literary or artistic productions. The Nigerian Copyright Act has made some provisions that call for the attention of legal practitioners and our courts. THE INABILITY OF NIGERIAN COPYRIGHT ACT TO FULLY PROTECT COMPUTER SOFTWARE

In todays world of knowledge revolution, software is one of the biggest revenue generating sectors globally. The limitations of Nigerian Copyright Act in protecting computer software are worrisome and can be outlined in the following ways: 1. The Inability of the Act to classify software products thereby resolving ambiguity:
Some analysts are of the opinion that the disk and the software supplied on that disk or some other medium together are to be regarded as goods. However if the software is transferred to a computer by electronic means e.g. via telephone or by down loading the software to install it, then such software on its own would not constitute goods. The Nigerian copyright does not provide the much needed discretion on the classifications involved in handling this issue. 2. Originality of the Software: The standard for originality is set rather low. So long as sufficient effort has been expended in creating a computer work, so as to give it an original character, it will be protected by copyright. In considering this provision, some modern innovations may not fit into the requirements, for example, most computer programmers in their technical nature may involve computer language created by different authors distinct from the interface which may be created by another person. 3. Duration of Copyright Protection: Copyright protection lasts for 70 years from the end of the year in which the author dies. Where there is joint ownership, protection will last for 70 years beginning at the end of the year from the death of the last known author. In the case of computer generated works, copyright protection will last for 50 years from the end of the year in which the computer program was made. Generally speaking, computer programs are unlikely to warrant this length of protection hence affect the evaluation of the market value and the validity of the copyright. In the computer industry, technology develops rapidly and often it is only a matter of a few months or years before programs become obsolete. 4. Determining Authorship/Ownership in the Production Process: In cases where an employee creates a computer program in the execution of his duties or under the instruction of his employer then the employer will not be entitled to the exclusive right to exercise all economic rights in the program unless the relevant contract of employment provides the contrary, this is not properly represented in the act, whether copyright can exist in such a work

and that the author of such a program will be deemed to be the person by whom the arrangement necessary for the creation of the work are undertaken will apply is not specified by the Nigerian act. 5. Litigation/Infringement Claims: As in the case of any other type of copyright infringement, the copyright owner's primary concern is to stop the infringement swiftly and effectively. This is achieved by way of obtaining injunctive relief against the guilty party. In order to be effective, it is essential that injunction proceedings are commenced as soon as the copyright owner has knowledge of the infringement. The act does not capture this scenario. RECOMMENDATION AND CONCLUSION There is need for specific provision in the copyright Act so as to consolidate the protection given to computer software in Nigeria and combating the loopholes outlined above. Also with constant change/advancement in technology, Copyright Act should constantly be reviewed to accommodate these developments.

Conclusively, it suffices to say that the need for the Nigerian Copyright Act to witness reformations in these areas is not only necessary, but is long overdue. It is our conviction that these reformations will not only enhance the protection which the Nigerian Act purports to afford the owners or authors of copyrighted works, but will also go a long way in encouraging the spirit of creativity and productivity that will ultimately make for national progress and development.
2.(i). PATENT LAW: This refers to a specific area of law that encompasses the legal

regulation, jurisprudence and enforcement of specific intellectual property rights issued to individuals or groups that protect their original inventions from being made, used or sold by others without their permissions for a set period of time. (ii). TRADE SECRET LAW: Trade secret law is a branch of intellectual property law that is concerned with the protection of proprietary information against unauthorized commercial use by others. Trade secret lawyers help clients navigate the landscape of trade secret enforcement and litigation on behalf plaintiffs and defendants. (iii). INTELLECTUAL PROPERTY LAW: Intellectual property is the area of law that deals with protecting the rights of those who create original works. The purpose of intellectual property laws is to encourage new technologies, artistic expressions and inventions while promoting economic growth. The three main mechanisms for protecting intellectual property are copyrights, patents and trademarks.
REFERENCES

1. Sally Kane(1/3/2013).Trade Secret Law. Legalcareers.about.com/ol/legalspecialties 2. Femi Funsho M.(2009). Nigerian Copyright Law: The Need For Reform. Gravita Pub.: Lagos 3. http://en.wikipedia.org/wiki/Software(2/3/2013) 4. Yusuf O. Alli(2003). The Nigerian Copyright Act and Criminal Liability. Yusuf Alli & Co.: Ilorin 5. Gary N. Garisworld. A Method of Protecting Copyright in Computer Software.(3/7/2002). http://www.chl.org