Digital Piracy: Copyright Protection In The Digital Age

The digital age has revolutionized the way creators share their work, enabling them to reach a global audience effortlessly. The internet has provided a platform for massive exposure, recognition, and monetization of creative works on a larger scale. However, while the benefits of reaching a wide audience and gaining publicity are undeniable, the digital landscape has also made it increasingly challenging to protect intellectual property from pirates.

In this article, we will explore practical ways creatives can protect their copyright in the digital age.

DEFINITION AND NATURE OF COPYRIGHT:

Copyright, also known as author’s rights, refers to the legal protection granted to creators over their literary and artistic works, protecting them from unauthorized use.[1] In Nigeria, copyright protection extends beyond literary and artistic works to include audiovisual works and sound recordings and broadcasts

The Copyright Act, 2022 (The Act) grants authors exclusive economic rights in their creative works. These rights include the right to reproduce, publish, communicate to the public, distribute, broadcast, make the work available to the public by wire or wireless means and make adaptations of the creative work.[2] These rights allow the author to control how their work is accessed, used, and shared.

Additionally, the Act grants authors moral rights over their creative works. This right ensures that the authors are recognized for their creations and their work’s integrity is preserved from unauthorized modifications or distortion.[3]

DIGITAL PIRACY

Digital piracy is the unauthorized copying, distribution, or use of digital content, including software, music, movies, books, video games, and other forms of copyrighted materials. [4]  Acts of digital piracy include illegal streaming and distribution of copyrighted material. This illegal activity has had a significant impact on the Nigerian economy. In 2019, the Director General of the Nigerian Copyright Commission (NCC) disclosed that Nigeria loses approximately ₦918 billion ($3 billion) annually to digital piracy, highlighting the severe economic consequences of this widespread problem.[5]

Prior to the enactment of the Copyright Act, of 2022, copyright infringement of digital works was not explicitly recognized, as the global connectivity enabling such violations had not yet become widespread. The new Act addresses this gap by providing protection for digital works.[6]

As earlier stated, under the Act, copyright holders have exclusive rights to not only reproduce, communicate, publish, broadcast, and display their works, but they also have the right to make their works available to the public by wire or wireless means in such a way that members of the public can access the work from a place and at a time of their choosing. This right expands the scope of copyright to cover digital works.

Copyright infringement occurs when any person, without the authorization of the copyright owner, engages in or causes another to engage in acts that violate these rights.[7] Furthermore, the Act expressly prohibits knowingly circumventing technological protection measures by avoiding, bypassing, removing, deactivating, decrypting, or otherwise impairing these protections.[8]

From the foregoing, the actions of digital pirates—such as unauthorized copying, distribution, downloading, and bypassing technological protection measures—are clear acts of copyright infringement. These activities result in substantial financial losses for filmmakers, undermining creators’ ability to reap the fruits of their labour and threatening the economic stability of the entertainment industry.

EXCEPTIONS TO DIGITAL PIRACY

The Copyright Act provides exceptions and limitations to activities that may constitute copyright infringement.One such exception is fair dealing, which allows the use of copyrighted material without the owner’s permission under specific circumstances. Section 20 of the Act outlines various actions that are considered fair dealing. These acts include; the use of a work for private purposes, parody, satire, pastiche, or caricature, as well as for non-commercial research and private study. It also includes criticism, review, or reporting of current events, provided that, where practicable, public use is accompanied by an acknowledgment of the work's title and author.

The Act also makes provisions for exemptions related to academic purposes and use by government entities, public libraries, and institutions serving individuals with disabilities.[9] When the publication, reproduction, distribution, copying, or use of a digital work by any person falls within any of the exceptions outlined in the Act, it does not amount to copyright infringement. These exceptions are designed to strike a balance between protecting the rights of creators and allowing the use of their works for public benefit, education, and accessibility.

However, it is important to note that fair use is not an absolute right, and whether a particular use qualifies as fair is subject to judicial determination. Courts typically assess several factors, such as the purpose and character of the use, the nature of the copyrighted work, the portion used in relation to the work as a whole, and the potential market impact of the use. [10]

WAYS CREATIVES CAN PROTECT THEIR WORKS FROM DIGITAL PIRACY

The following are some methods creatives can employ to protect their copyright from digital piracy:

1.        Monitoring and Enforcing Copyright: Copyright holders must be vigilant to monitor their works to ensure their rights are not violated and to prevent unauthorized use that could lead to financial losses or reputational damage. Once an infringement occurs, copyright owners can enforce their rights by addressing the violation through various means. They may issue take-down notices to remove infringing content,[11] file for an injunction to stop further unauthorized use, or seek an award of damages to compensate for the losses suffered, depending on the circumstances.

Although enforcement actions are primarily pursued as civil cases, copyright infringement also constitutes a criminal offense, and infringers may face criminal liability. Creatives can pursue enforcement of their rights through both civil and criminal proceedings simultaneously.

Taking action against infringers serves to deter other potential pirates and reinforces the value of intellectual property rights.

2.        Registering the Creative Work: Registration of copyright in a work is not a precondition for protection under Nigerian law. Eligibility for copyright protection is originality and fixation. This means that a literary, musical, or artistic work must demonstrate some effort in its creation, giving it an original character, and it must be fixed in a tangible medium of expression.  Despite the foregoing, registration of copyright through the Nigerian Copyright Commission (NCC) is highly recommended because it offers several advantages. The record maintained in the Register of Works provides an official acknowledgment of the existence of the work and its particulars, thereby strengthening the author’s position in enforcing their rights. Additionally, it enhances credibility and transparency, especially in commercial transactions where proof of ownership may be required.

3.        Employing Anti-piracy Technologies: One effective way for creatives to safeguard their digital works is by employing anti-piracy technologies. For instance, filmmakers can embed Digital Rights Management (DRM) devices in their movies to prevent illegal downloads or unauthorized sharing on torrent sites. Similarly, creators can use visible or invisible watermarks to mark their content with unique identifiers, making it easier to trace and prove ownership if pirated copies are discovered. Additionally, encrypting digital files ensures that only authorized users can access the content, as seen in the case of eBook authors securing their works for licensed readers. Geo-blocking is another useful strategy, allowing creators to restrict access to their content based on geographical locations, thereby preventing unauthorized distribution in regions where piracy is prevalent. By integrating these technologies, creatives can better protect their intellectual property and maintain control over their work.

4.        Through Licensing Agreements: Creatives can use licensing agreements to define how their work can be used, shared, or distributed. These agreements legally bind licensees to specific terms, ensuring that the creator retains control over their content. For example, a musician might license their song to a streaming platform with restrictions against redistribution or download, thereby limiting unauthorized access.

5.        Limiting Access through Secure Platforms: Creatives can distribute their works exclusively through secure and reputable platforms that employ strong security measures to prevent piracy and restrict downloads.

CONCLUSION

In today’s digital world, protecting creative works is more important than ever. Digital piracy can significantly harm creators, both financially and creatively. However, with the right legal support, creatives can safeguard their intellectual property through measures such as anti-piracy technologies, copyright registration, monitoring for unauthorized use, and enforcing copyright.

La Peritum Law Practice has in place a team of entertainment lawyers to assist you in protecting and enforcing copyright in your digital works in Nigeria. For inquiries, please email us at enquiries@laperitum.com  or click here to contact us directly.

[1] Copyright, World Intellectual Property Organization https://www.wipo.int/copyright/en/  <accessed on Nov. 15, 2024>

[2] Section 9-13 Copyright Act, ,2022

[3] Section 14 of the Act

[4] Cybersecurity glossary, NORDVPN  https://nordvpn.com/cybersecurity/glossary/digital-piracy/ <accessed on Nov. 15, 2024>

[5] Sharing Of Content Through Online Platforms – Considering Digital Piracy In Nigeria, Proshare https://proshare.co/articles/sharing-of-content-through-online-platforms-considering-digital-piracy-in-nigeria?menu=Business&classification=Read&category=Business%20Regulations,%20Law%20%26%20Practice <accessed on Nov. 15, 2024>

[6] Section 108 of the Act expands the e definition of a “copy” to include digital copies

[7] Section 36 of the Act

[8] Section 50 of the Act

[9] Section 21-27 of the Act

[10] Section 20 (d) of the Act

[11]  Section 54 of the Act