Copyright

The Right to Research in Africa: Exploring the Interface between Copyright and Human Rights, a book authored by Desmond Oriakhogba, was published by Springer Nature in 2023. The book examined international and regional human rights instruments to which African countries have subscribed, as well as those relevant to the African context, and the national bills of rights and constitutions in Africa with the aim of constructing an explicit right to research in Africa.

This is the second collaboration by experts in the field of IP law, Dr. Desmond Oriakhogba and Dr Ifeoluwa Olubiyi, who have come together again to make substantial changes to the first edition of their text which assessed the theories, practices, and emerging trends of IP law in Nigeria. In their resourceful second edition, the authors have taken upon themselves the responsibility of analyzing the dynamic realm of IP law, and how it continues to shape and protect IP property rights in an increasingly multifaceted and interrelated world. They recognize that the Nigerian IP law landscape will need to keep up with technological advancements in the space even as technology continues to develop.

One outstanding feature of this book is that it provides significant historical information on the operations of CMOs in the sample countries and discusses some important cases in CMO management even as it highlights the nexus between the operation of CMOs and the application of competition law to their regulations. The book is to be recommended to students and specialists in the field of law, especially IP and Competition law in Africa and the rest of the developing world. Dr. Oriakhogba in writing this book, has made a valuable contribution to the discourse in this area and laid the foundation for further study of it.

March 22, 2022

Introduction

From a Kenyan perspective, Oriakhogba’s book will undoubtedly serve as a reference point for scholars and practitioners in the copyright sector for years to come. The author offers a nuanced view of the recently published Collective Management Regulations which, if properly implemented, will shape future developments in the oversight and supervision of CMOs in Kenya.

Dr Desmond Oriakhogba’s work, Copyright Collective Management Organisations and Competition in Africa is poised to become a seminal reference work in the field of collective management, for a number of reasons: first, it is one of only a paucity of dedicated full texts on the subject of collective management in Africa; secondly, it is the first such text to explore in-depth the question of the application of competition law in the area of collective management – a subject-matter that has been fully explored in other mature jurisdictions such as the United States and the European Union, but hardly considered within the African context; thirdly, it explores the law and practices in three key jurisdictions in the South, the East and the West of Africa; and fourthly, it is an expertly written text and a veritable scholarly work, while simultaneously written in a flowing, easy-to-follow style making for a good long-weekend read.

Copyright, Collective Management Organisations and Competition in Africa is a book that delivers on its promise to rigorously analyse and distil useful models for regulating and operating collective management in Africa. It is one that will serve as a useful guide for scholars, practitioners and policy makers in Africa on the subject of collective management.

The collective management of copyright and related rights (collective management) is fast growing in Africa and continues to contribute to the growth of the copyright-based industry not just in the individual African countries, but also on a continental level. It contributes by facilitating access to copyright works for users, generating revenue for copyright owners, creating job opportunities and promoting creativity and social welfare, particularly for Africa’s youthful and vibrant creators. As such, collective management continue to remain a key component of the economic activities happening within the copyright-based industries in Africa.

In this article, I challenge this dominant narrative on the purpose of copyright law in Nigeria not because it is wrong, but because it has eclipsed the fundamental purpose of copyright law, which essentially is an attempt to balance the interests of the creators’ desire for financial reward and the users’ access to creative works to encourage the creation and dissemination of cultural works for societal benefit. In other words, the purpose of copyright law is to fairly manage the rights of the creator to earn rewards for his creativity and the right of the users to access information. I critique the understanding of the purpose of copyright law in Nigeria and whether the understanding of the underlying rationale for copyright law in Nigeria aligns with the purpose enshrined in the first copyright law (the Statute of Anne) enacted over three centuries ago. As the first copyright law, it necessarily implies that all other copyright legislation, including the current copyright law in Nigeria trace their legislative ancestry to the Statute of Anne.

Following the University of Cambridge and University of Aberdeen’s recent return of bronzes looted by British soldiers from Benin City, Southern Nigeria, in 1897, Dr. Titilayo Adebola is pleased to present this fireside chat with Professor Bankole Soidipo SAN. The University of Cambridge relinquished possession of a bronze cockerel “Okukor” after students campaign inspired the decision for it to be returned in November 2019. While the University of Aberdeen relinquished possession of a bronze depicting the head of an Oba of Benin after its approved repatriation in March 2021. Professor Sodipo was actively involved in facilitating the discussions and negotiations between the Nigerian stakeholders and British universities that culminated in the return of these Benin bronzes. Professor Sodipo was recently nominated (in October 2021) to be conferred with the prestigious rank of Senior Advocate of Nigeria, of which official investiture will be in December 2021. He received his LLM from the University of Lagos and Ph.D from Queen Mary, University of London. He is a Professor of Law at Babcock University, where he has previously served as the Dean, Faculty of Law. He is the Senior Partner at G. O. Sodipo & Co.