Fair dealing in copyright aims to strike a balance between the rights of creators and the public’s access to creative works. Indeed, one way it seeks to achieve this balance is through the defence of fair dealing, which permits limited use of copyrighted materials without the owner’s permission under specific circumstances.

What is Fair Dealing in Copyright

Fair dealing in copyright allows individuals to use copyrighted works without authorization for specific purposes, provided they meet certain conditions and do not infringe the copyright holder’s rights.

Legal Framework

The legal framework in Nigeria for fair dealings in copyright, is the Copyright Act 2022, it outlines the provisions for fair dealings. Section 20(1) of the copyright Act states that fair dealing is permissible for purposes such as:

• Private use, Parody, satire, pastiche, or caricature

• Non-commercial research and private study

• Criticism, review, or reporting of current events.

These exceptions are not exhaustive but are subject to conditions that includes proper acknowledgement of the author and the title of the work when used publicly.

Determining Fairness

To know whether a particular use falls under fair dealing in Copyright, the following are considered:

1. Purpose and Character of the Use: Is the use for commercial or non-commercial educational purposes?

• Nature of the Work: Is the work published or publicly available?
• Amount and Substantiality: How much of the work is used, and is it a significant portion?

• Effect on the Market: Does the use affect the market value or potential value of the original work?

Examples of Fair Dealing in Copyright

1. Educational Use: A university lecturer using a short excerpt from a textbook to include in lecture slides with proper acknowledgement of the source.

• News Reporting: A journalist quotes a few lines from a person’s speech.​
• Criticism or Review: A blogger writing a review of a newly released novel, including brief quotations to support their critique, and citing the author and title of the work.​

• Parody or Satire: A comedian creating a parody of a popular song for a satirical performance and transforming the original work as a means to comment on societal issues.
• Research or Private Study: A student photocopying a small portion of a journal article for personal study.

Examples Likely Not Covered by Fair Dealing

1. Commercial Exploitation: A company using an entire copyrighted photograph in an advertisement without obtaining permission from the photographer.​

• Unauthorised Reproduction: Scanning and distributing full copies of a textbook to classmates, even if done without profit.​

• Market Substitution: uploading a full-length movie to a public platform can potentially impact the market value of the original work because it offers a free alternative.

Conclusion

Fair dealing in Copyright permits you to use copyrighted materials in a limited way without permission. You must do this fairly, give proper credit, and use it for specific purposes. However, fair dealing isn’t a free pass. Your use qualifies based on how much you use, why you use it, and if it affects the original creator’s income or audience.

CONTRIBUTORS

OJIENOH SEGUN JUSTICE Esq.,

Lead Partner EKO SOLICITORS & ADVOCATES

RINDAP NANJUL DANJUMA Esq.,

Counsel EKO SOLICITORS & ADVOCATES

BESSIE OBORT OFUKA.

Intern EKO SOLICITORS & ADVOCATES