Traditional Knowledge Laws: Nigeria

Subject Matter of Protection

Section 31(5)

For the purpose of this section,
"folklore" means a group-oriented and tradition-based creation of groups or individuals reflecting the expectation of the community as an inadequate expression of its cultural and social identity, its standards and values as transmitted orally, by imitation or by other means including-
(a) folklore, folk poetry, and folk riddles;
(b) folk songs and instrumental folk music;
(c) folk dances and folk plays;
(d) productions of folk art in particular, drawings, paintings, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metalwork, handicrafts, costumes, indigenous textiles.

Beneficiaries or Rightholders

Section 31(4)

The rights to authorise acts referred to in subsection (1) of this section shall vest in the Nigeria Copyright Council.

Scope of Protection

Section 31(1)

Expressions of folklore are protected against -
      (a) reproduction;
      (b) communication to the public by performance, broadcasting, distribution by cable or other means;
      (c) adaptatiosn, translatiosn and other transformations
when such expressions are made either for commercial purposes or outside their traditional or customary context.
(3) In all printed publications, and in connection with any communications to the public, of any identifiable expression of folklore, its source shall be indicated in an appropriate manner, and in conformity with fair practice, by mentioning the community or place from where the expression utilised has been derived.

Exceptions and Limitations

Section 31 (2)

(2) The right conferred in subsection (1) of this section shall not include the right to control-
      (a) the doing of any of the acts by way of fair dealing for private and domestic use, subject to the condition that, if the use is public, it shall be accompanied by an acknowledgement of the title of the work and its sources;
      (b) the utilisation for purposes of education;
      (c) utilisation by way of illustration in an original work of the author:
Provided that, the extent of such utilisation is compatible with fair practice;
      (d) the borrowing of expressions of folklore for creating an original work of an author:
Provided that, the extent of such utilisation is compatible with fair practice
      (e) the incidental utilisation of expressions of folklore.