Selected year snapshot
For 1999, the active event in this file is Copyright (Amendment) Decree No. 42 of 1999.
100%
Current rationale
Decree No. 42 of 1999 further amended the Copyright Act, primarily addressing enforcement, collecting societies, and neighbouring rights. The fair dealing exception for research and private study in the Second Schedule was not materially altered. The classification remains GREEN. The 2004 consolidation (Cap C28 LFN 2004) reflects the cumulative state of the law after this amendment.
Exceptions considered
Fair dealing for purposes of research, private study, criticism, review, or reporting of current events
Use of a work for purposes of education
Law changes
Copyright Act (Cap 68, Laws of the Federation of Nigeria 1990)
Baseline · Effective 1988-12-20
100%
Relevant section: Second Schedule, Paragraphs 1-3
Dates: Effective 1988-12-20 · Enacted 1988-12-24
Why this score
The Copyright Act in force in Nigeria as of 1990-01-01 was the Copyright Act 1988 (Decree No. 47 of 1988), which came into force on 1988-12-20. The Second Schedule to that Act contained exceptions from copyright control. Paragraph 1 provided for fair dealing for purposes of research, private study, criticism, review, or the reporting of current events. The term 'fair dealing' covers any act restricted by copyright (not only reproduction), is open to any user (not restricted to individuals or institutions), and applies to all types of works. This qualifies as GREEN because it permits reproduction and other dealings with full works for research purposes by any user. The 1988 Act was later consolidated as Cap 68 LFN 1990 and subsequently as Cap C28 LFN 2004. The consolidated text available on WIPO Lex (Cap C28) reflects the same Second Schedule provisions. I was unable to retrieve the exact verbatim text of the 1988/1990 version of the Second Schedule via web search; the WIPO Lex document (Cap C28) is the 2004 consolidation. However, the fair dealing exception for research and private study was present from the original 1988 Act and carried forward unchanged into the 2004 consolidation. Non-commercial restrictions and proportionality qualifiers are classification-neutral.
Exceptions considered
Fair dealing for purposes of research, private study, criticism, review, or reporting of current events — applies to any work, any user, covers any dealing (not limited to reproduction)
Reproduction of a work by or under the direction of a broadcasting organisation for lawful broadcast purposes
Use of a work for purposes of education — includes use in educational institutions for instruction
Source links
Copyright (Amendment) Decree No. 98 of 1992
Relevant update · Effective 1992-12-31
100%
Relevant section: Second Schedule (as amended)
Dates: Effective 1992-12-31 · Enacted 1992-12-31
Why this score
Decree No. 98 of 1992 amended the Copyright Act 1988 to strengthen enforcement and introduce anti-piracy measures. The fair dealing exception for research and private study in the Second Schedule was not materially altered by this amendment. The classification remains GREEN because the fair dealing exception covering any dealing with any work by any user for research or private study remained in force.
Exceptions considered
Fair dealing for purposes of research, private study, criticism, review, or reporting of current events — unchanged from baseline
Use of a work for purposes of education
Copyright (Amendment) Decree No. 42 of 1999
Relevant update · Effective 1999-06-14
100%
Relevant section: Second Schedule (as amended)
Dates: Effective 1999-06-14 · Enacted 1999-06-14
Why this score
Decree No. 42 of 1999 further amended the Copyright Act, primarily addressing enforcement, collecting societies, and neighbouring rights. The fair dealing exception for research and private study in the Second Schedule was not materially altered. The classification remains GREEN. The 2004 consolidation (Cap C28 LFN 2004) reflects the cumulative state of the law after this amendment.
Exceptions considered
Fair dealing for purposes of research, private study, criticism, review, or reporting of current events
Use of a work for purposes of education
Source links
Copyright Act, 2022 (Act No. 8 of 2022)
Relevant update · Effective 2023-03-17
100%
Relevant section: Section 20
Dates: Effective 2023-03-17 · Enacted 2022-06-16
Why this score
The Copyright Act 2022 (which came into force on 17 March 2023 upon presidential assent, though some sources cite 1 April 2023) repealed the Copyright Act Cap C28 LFN 2004 and replaced it with a modernized framework. Section 20(1) provides a broad fair dealing exception. Section 20(1)(c) covers 'non-commercial research and private study' and Section 20(1)(a) covers 'private use.' The chapeau states that the rights under sections 9-13 'do not include the right to control any of the acts specified in those sections by way of fair dealing for purposes such as' the listed purposes. The phrase 'any of the acts specified in those sections' means the exception covers all exclusive rights (reproduction, communication, distribution, etc.), not just reproduction. The exception applies to all types of works and is not restricted to specific user classes — any person may invoke fair dealing. The four-factor fair dealing/fair use test is incorporated as a proviso. The non-commercial qualifier on research is classification-neutral per the instructions. Additionally, Section 20(1)(i) provides a separate institutional exception for government, public libraries, non-commercial documentation centres, and scientific institutions. Section 21 provides educational exceptions. The most permissive exception is Section 20(1)(c) fair dealing for research and private study, which covers all acts, all works, and all users. This is GREEN. The excerpt is in English, which is Nigeria's official legislative language.
Exceptions considered
Fair dealing for private use — covers any act restricted by copyright, any work, but limited to private/personal use
Fair dealing for non-commercial research and private study — covers any act restricted by copyright under sections 9-13, any work, any user, subject to four-factor fair dealing test
Fair dealing for criticism, review, or reporting of current events
Quotations in the form of short excerpts from a work
Any use made by or under direction of Government, public libraries, non-commercial documentation centres, and scientific or other institutions, where use is in public interest, no revenue derived, and does not substantially affect market
Acts for purposes of instruction or examination, and acts by educational institutions
Original text
(1) The rights conferred in respect of a work under sections 9-13 of this Act, do not include the right to control any of the acts specified in those sections by way of fair dealing for purposes such as —(a) private use ;(b) parody, satire, pastiche, or caricature ;(c) non-commercial research and private study ;(d) criticism, review or the reporting of current events, subject to the condition that, if the use is public, it shall, where practicable, be accompanied by an acknowledgment of the title of the work and its author except where the work is incidentally included in a broadcast : Provided that in determining whether the use of a work in any particular case is fair dealing, the factors to be considered shall include the —(i) purpose and character of its usage,(ii) nature of the work,(iii) amount and substantiality of the portion used in relation to the work as a whole, and (iv) effect of the use upon the potential market or value of the work ;(e) the inclusion in an audiovisual work or a broadcast of an artistic work situated in a place where it can be viewed by the public ;(f ) the incidental inclusion of an artistic work in an audiovisual work or broadcast ;(g) quotations in the form of short excerpts from a work ;(h) reading or recitation in public or in a broadcast, not for commercial purposes, of any reasonable extract from a published literary work if, accompanied by an acknowledgment of the title of the work and its author ;(i) any use made of a work by or under the direction or control of the Government or by such public libraries, non-commercial documentation centres and scientific or other institutions as may be prescribed, where the use is in the public interest, provided that —(i) no revenue is derived, and(ii) the use does not substantially affect the potential market or value of the work ;(j) the reproduction of a work by or under the direction or control of a broadcasting organisation, where the reproduction or any copies are intended exclusively for a lawful broadcast and are destroyed before the end of the period of six months immediately following the making of the reproduction or such longer period as may be agreed between the broadcasting organisation and the owner of the relevant part of the copyright in the work, provided that any reproduction of a work made under this paragraph —(i) may, if it is of an exceptional documentary character, be preserved in the archives of the broadcasting organisation
Source links
Copyright Act, 2022 (Act No. 8 of 2022)
Current law confirmation · Effective 2023-03-17
100%
Relevant section: Section 20(1)(c)
Dates: Effective 2023-03-17 · Enacted 2022-06-16
Why this score
As of 2025, the Copyright Act 2022 (Act No. 8 of 2022) remains in force in Nigeria. Section 20(1)(c) provides a fair dealing exception for 'non-commercial research and private study.' The chapeau of Section 20(1) states that the rights conferred under sections 9-13 'do not include the right to control any of the acts specified in those sections by way of fair dealing for purposes such as' the listed purposes. This means the exception covers all exclusive rights (reproduction, communication to the public, distribution, adaptation, etc.) — not only reproduction. The exception applies to all types of works and is open to any user. The four-factor test (purpose and character, nature of work, amount used, market effect) applies as a proportionality qualifier, which is classification-neutral. The non-commercial restriction on research is also classification-neutral. Uses: all acts under sections 9-13 (reproduction, communication, distribution, etc.). Works: all types. Users: any user. This is GREEN. No TDM-specific exception exists in the Act, but the broad fair dealing exception would encompass TDM for non-commercial research purposes. No amendments to the Copyright Act 2022 have been identified as of early 2025.
Exceptions considered
Fair dealing for private use
Fair dealing for non-commercial research and private study — covers all exclusive rights under sections 9-13, all works, any user, subject to four-factor test
Fair dealing for criticism, review, or reporting of current events
Quotations in the form of short excerpts from a work
Any use by Government, public libraries, non-commercial documentation centres, scientific institutions — public interest, no revenue, no substantial market effect
Exceptions for instruction, examination, and educational institutions
Original text
(1) The rights conferred in respect of a work under sections 9-13 of this Act, do not include the right to control any of the acts specified in those sections by way of fair dealing for purposes such as —(a) private use ;(b) parody, satire, pastiche, or caricature ;(c) non-commercial research and private study ;(d) criticism, review or the reporting of current events, subject to the condition that, if the use is public, it shall, where practicable, be accompanied by an acknowledgment of the title of the work and its author except where the work is incidentally included in a broadcast : Provided that in determining whether the use of a work in any particular case is fair dealing, the factors to be considered shall include the —(i) purpose and character of its usage,(ii) nature of the work,(iii) amount and substantiality of the portion used in relation to the work as a whole, and (iv) effect of the use upon the potential market or value of the work