LIBRARY INSTRUCTION PROGRAMME

LIB001 – MODULE 6
LEGAL AND ETHICAL ISSUES OF INFORMATION
USE
Learning Objectives

At the end of this module, you should be able to:

■ At the end of this module, you should be able to –
■ Define the concept of intellectual Property
■ identify the different types of intellectual property
■ Define copyright
■ Determine the central focus of copyright protection
Learning objective Cont’d

■ Determine the condition precedents for eligibility to copyright

protection
■ Know the extent and duration for each classes of intellectual
property
■ Determine the benefits of copyright protection
■ Determine what is violation of copyright protection
■ Identify the exceptions to copyright infringement
■ Define concept of ethical issues in information use
■ Identify the legal issues involved in respect of information use
MODULE 6 OUTLINE
– Definition of Intellectual Property
– Types of Intellectual Property
– Definition of Copyright
– Principles of Copyright Law
– Rationale/reasons for copyright Law
– Eligibility for copyright Protection
– Duration of copyright Protection
– Benefits of Copyright
– Violation to the Copyright Law
– Exception to the Copyright Law
– Definition of Ethical Issues of Information Use
■ Summary and Conclusion
■ References and Further Readings
■ Assignment
Take home!!!

Before you start to read, you should be able to answer these

questions:

After studying this module, you should be able to answer these

questions:
■ What is intellectual Property?
■ What are the different types of intellectual property?
■ What is copyright?
■ What is the central focus of copyright protection?
Take home Cont’d

■ What are the underlining Principles driving Copyright Protection?

■ What are the condition precedents for eligibility to copyright
protection?
■ What are the extent and duration for each classes of intellectual
property?
■ What are the benefits of copyright protection?
■ What is violation of copyright protection?
■ What are the exceptions to copyright infringement?
■ What is the definition of ethical issues in information use?
■ What are the legal issues involved in respect of information use.
Introduction

■ I welcome you to the sixth module of this course. This module

gives a detailed explanation of the concept of intellectual
property generally, Information usages and its ethics.
CONCEPTUAL DEFINITION OF INTELLECTUAL
PROPERTY

■ Intellectual Property refers to intellectual creativity of a

creator. In contrast to physical property, intellectual property
is an intangible asset of a person. Intellectual Property Rights
(IPR) are the exclusive rights given to their creators for their
creations. Common types of Intellectual Property Rights are
Patents, Copyrights, Trademarks, Industrial Designs,
geographical indications, trade secrets, layout designs for
integrated circuits and even ideas.
■ Dushyant Kumar Sharma, “Intellectual Property and the Need
to Protect It”, Indian Journal of Sci. Res. Vol. 9(1), 2014
Conceptual definition contd
Conceptual definition contd
Common types of Intellectual
Property:

■ Patent:
■ A Patent is an exclusive right granted for an invention, which
is a product or a process that provides a new way of doing
something, or offers a new technical solution to a problem.
The Patent owner may give permission to, or license, other
party to use the invention on mutually agreed terms. A patent
is granted for a period of 20 years from the date of filing the
application of patent.
Patent contd
Layout Design for Integrated
Circuits
■ Semiconductor Integrated Circuit is a product, having
transistors and other circuitry elements, which are
inseparably formed on a semiconductor material or an
insulating material. The initial term for recognition is 10 years,
thereafter it may be renewed from time to time.
Protection of New Plant Variety:

■ New Plant varieties can also be protected under IPR. The

objective of this act is to recognse the role of farmers as
cultivators and conservers and the contribution of traditional,
rural and tribal communities to the country`s biodiversity.
■ Ibid p. 3 - 4
Definition of Copyright

■ Copyright as a form of intellectual property has its prime

objective the protection of creativity, which modern day reality
have discovered as central to creation of economic prosperity
in any development driven economy. Generally speaking,
copyright protect expression of ideas and not necessarily the
ideas so as to avoid monopoly creation. Copyright is an
institutional safeguards for the protection of individual`s
ingenuity.
Definition of copyright contd

■ It is a catalyst for multiplication of creation of intellects and

encouragement of the drive to give back to the society in form
of edification for rewards it offers in form of recognition of
positive cultivation of mind for human good, protection of the
hard earned labour and rights to enjoyment of rights and
benefits therefrom.
■ Copyright law defines, recognizes and protects the copyright
of original works. It outlines the scope of the goods to be
marketed and sets out the general rule of their trade.
Definition of copyright contd

■ Copyright law helps creators to appropriate the market value

of their work and gives its owners access to the benefits they
are entitled to under the law. Copyright acquisition and
administration is governed in Nigeria by the Nigerian
Copyright Act Cap. C28 Laws of the federation of Nigeria
2004. The propagation of ingenuity and encouragement of
intellectual cultivation of mind and intellect is considered
germane to the economic sustenance of a citizen and
economic prosperity of a nation.
■ A.J Awominure (2010), Nigerian copyright law – a critical
appraisal – unpublished master degree thesis submitted to
the faculty of Law, Obafemi Awolowo University, Ile- Ife.
Principles and Rationale For
Protection
■ Copyright is predicated upon four principles which are natural
justice, the economic argument, the cultural argument and
the social argument. The principle of natural justice in
copyright is that the author being the creator, he should enjoy
the fruit of his labour and also prevent others from reaping
where they do not sow.
Principles and rationale for
protection contd
■ The Supreme court of Nigeria gave its imprimatur to this principle
in his decision in the case involving Plateau Publishing Co. & Ors
-versus - Chief Chuks Adophy where Uwais JSC as he then was
said, while adopting English Court decision in Colburn – versus-
Simmis that in an action for infringement, the court in awarding
an account of profit” takes from the wrong doer all the profits, he
has made by his privacy and gives them to the party that has
been infringed” as the court held that
■ “Indeed, the man who brings out of nothingness some child of
his thought has rights therein which cannot belong to any other
sort of property”.
■ (1986) 4 N.W.L.R ( PT. 34) 205
■ (1843) Ha. 543, 560
Principles and rationale for
protection contd.
■ The cultural principle is based on the fact that copyright works
are national assets. Encouragement and rewards of creativity
is in the public interest being contribution to the development
of national culture. Encouragement given to African workers,
series by Heinemann Educational Book Ltd has brought out
the beauty in African culture. Without copyright the best we
could have had is foreign culture.
Principles and rationale
contd.
■ Economic Principle:
■ The economists recognize that, in the absence of intellectual
property protection such as copyright, various types of intangible
assets world be under produced, because there would be no
clear incentive for commercial organization to produce them. In
this respect the objective of copyright law is primarily to balance
the public benefit that can arise from the widespread circulation,
use and reuse of a copyright work with the need to provide
protection, incentive and reward to the creator or owner of
copyright by granting a limited monopoly to exploit the copyright
to that body of individual.
■ Anthony Lilley (July, 2006) , Inside the creative industries –
copyright on the grounds. P.1
Rights Protected Under
Copyright Act:
■ Reproduction
■ Translation of the work
■ Preparation of derivative works (the use of the work to create new works)
■ Distribution of copies
■ Public performance (e.g music, dramatic works e.tc.)
■ Public display
■ First public distribution f the original work either by sale, rental or otherwise
■ Rental of public lending of the original or copy of an audio visual work, sound
recording computer database or musical work in the form of notation
■ Broadcasting of the work
■ Other communication to the public
Eligibility for Copyright Protection

■ The subject matter of copyright protection includes every production in the literary,
scientific and artistic domain.
■ Originality: the work to be copyright must be an original work of the creator’s ingenuity.
■ Medium of fixation/permanence: The work must have been fixed in a definite medium of
expression now known or later to be developed. A copyright exist when embodied in
some physical form. Reduction of work into a permanent form is a precondition for
copyright.
■ Nationality: the work must be such that could be accorded “national treatment”
especially when the copyright is originating from foreign country.
■ Offrey – vs – S.O Ola & Ors. Unreported Suit No. HOS/23/68 decided June 1969. See
also Masterpiece Investment Ltd – v – Worldwide Business media Ltd & ors (1977)
F.H.C.R. 496.
■ C.F.A.O – V – Archbold (1964) G.L.R
■ TRIPS Agreement, Art. 3
Legal Ownership and right of action
in Copyright

■ The court of Appeal in the case of M.C.S Ltd. – versus- Adeokin Records handed down
the description and the legal requirement as to the qualification to be the legal owner of
copyright when it held –
■ “ for a person to be legal owner of copyright for the purpose of vesting
■ requisite locus, he must fall into any of the following categories namely :-
■ author of the work himself;
■ the assignee;
■ the licensee;
■ It is only any of these legally authorized or accredited owners
■ that can seek redress in copyright in the court of law”.
■
■ (2007) 13, N.W.L.R (PT. 1052) 616 at 618 - 619
 Duration and Expiration of
Copyright
■ The 1st Schedule (section 2) of the Copyright Act Cap. C28, LFN 2004 describes the duration as follows:

■ S/N

■ Type of Work

■ Date of expiration

■ 1.

■ Literary, musical or artistic works other than photographs

■ Seventy years after the end of the year in which the author dies; in case of government or a body corporate, seventy years after the end of the year in which the work was first published.

■ 2.

■ Cinematograph films and photographs

■ Fifty years after the end of the year in which the recording was published.

■ 3.

■ Sound Recordings

■ Fifty years after the end of the year in which the recording was first published.

■ 4.

■ Broadcasts

■ Fifty years after the end of the year in which the broadcast first took place.
Benefits of Copyright

■ a. Copyright balance the public benefit that can arise from the
widespread circulation, use and reuse of a copyright work.
■ b. it provides protection, incentive and reward to the creator
or owner of copyright by granting a limited monopoly to exploit
the copyright to that body of individual.
Violation of Copyright

■ Violation of copyright is better known as Infringement to

copyright. Copyright ownership creates in its owner the
exclusive right to copy and use of the copyrighted work
subject to some exceptions. Copyright infringement involves
any violation of the exclusive right to the use and control of
the copyright by the owner. Since evidence of direct copying or
plagiarism of an authored work is difficult to obtain,
infringement of copyright is usually established through
circumstantial evidence. Such evidence typically must show a
substantial similarity between the original and the copy, as
well as prove that the copier had access to the original.
Violation of copyright contd

■ The above means that where two works are similar or identical, there is
nevertheless no infringement if each work is produced through the
original and independent work of it creator. Section
15,16,17,18,19,20,21,22,23,24,25,28,29,30,32 and 33 of the Nigeria
Copyright Act Cap. C28 Laws of the Federation of Nigeria (LFN), 2004
provides for acts constituting infringement of copyright, actions for
infringement, criminal and civil liabilities and remedies.
■ The Supreme court in the case of Plateau Publishing – v - Adophy in
defining infringement of copyright held:”
■ Generally, any invasion of a right of property gives a cause of action to
■ the owner against the person responsible for the invasion whether it is
intentional or not.
■
WHO CAN SUE IN COPYRIGHT
ACTION?

■ The court of Appeal in the case of M.C.S – versus- Adeokin Records with respect to who
can maintain an action in an action for infringement of copyright held-
■ “Section 15(1) of the copyright Act, 1988 provides:
■ “ infringement of copyright shall be actionable at the suit
■ of the owner, assignee or an exclusive licensee of the
■ copyright as the case may be in the Federal High Court
■ exercising jurisdiction in the place where the infringement
■ occurred, and in any action for such infringement, all such
■ reliefs by way of damages, injunction, accounts or otherwise
■ shall be available to the plaintiff as is available in any corresponding
■ proceedings in respect of infringement of other proprietary rights.”
■ M.C.S – versus- Adeokin (2007) 13 N.W.L.R (PT. 1052) p.619 para. 2
INFRINGEMENT OF COPYRIGHT -
DEFENCE OF INNOCENCE IN
COPYRIGHT ACTION
■ The court in expressing view on the defence of innocence by an
infringer of an existing copyright held as follows –
■ “Innocence is no defence to an action for infringement of
copyright or for the conversion or detention of an infringing copy
or plate” para. 3
■ “Where however it is proved or admitted in an action for
infringement, the defendant was not aware and had no
reasonable grounds for suspecting that Copyright existed in the
work; the plaintiff is not entitled to damages but
■ to an account of profits whether any other relief is granted or
not.”
■ Ibid. p. 208. Para 3 -4
Exceptions to Copyright

■ Fair Dealings – when they are used as basis for comments, criticism or
review, as against being used to convey same information as the author,
for a rival purpose.
■ Research or private study – for purely academic purpose
■ Criticism or review: meanwhile the source must be sufficiently
acknowledge
■ Reporting current event – e.g. in newspaper or magazine, in which case
the sources must also be acknowledged.
■ Private reproduction for personal purposes, single copy and must not
constitute a substantial part of the work and must not prejudice the
interest of the author or right holder.
■ Reproduction for teaching, source of work and name of author must be
quoted.
Exceptions to copyright contd

■ Reprographic reproduction by libraries and archives, to satisfy

the request of a user for preservation purposes.
■ Reproduction and adaptation of computer programs; where
the reproduction is necessary for use of the program with a
computer for the purposes for which the program was
acquired or for archival purposes.
■ Reproductions, broadcasting and other communications to
the public for information purposes, for reporting current
events or public lectures, political speeches, address,
seminar, or other work similar in nature.
■ Importation for personal use only.
 ETHICAL ISSUES OF
INFORMATION USE
■ Definition :
■ The subject of ethical use of information is predicated on the
responsible usage of information source. Information could
be privileged, classified or academic. The most relevant in
academic parlance is associated with the subject of
Plagiarism and academic dishonesty.
Ethical issues on information
contd
Ethical issues on information
contd
PLAGIARISM/ACADEMIC
DISHONESTY
■ This has to do with the unlawful and dishonest ways of
“representing the words, ideas and information of another
person as one’s own in any academic work” without due
acknowledgement of the source or the original owner of the
work. Also using materials from the web as one’s own. This
constitute serious violation and attracts heavy sanctions.
Plagiarism contd
Examples/incidences of
Plagiarism
■ When blocks of text e.g. paragraphs, sentences, single
sentence or a significant part of a single sentence are copied
directly, but are not enclosed in quotation marks and
appropriately referenced;
■ When direct quotations are not used, but material is
paraphrased or summarized in such a way that it
substantially reflects ideas taken from another author’s work
and the source of the material is not appropriately reference
and/or
■ When an idea that appears in printed or electronic from has
been used or developed without reference being made to the
person responsible for that idea.
CITATION AND REFERENCING
STYLES
■ Citations in an academic work reflects the depth of academic
study of the researcher. It shows the materials consulted and
review for the production of the original work of the author
and further enable the reader or user to have access to the
original sources for further readings. Citation shows
scholarship in writing and reflects a sense of academic
responsibility, honesty and diligence. Citation enables the
reader to know which information in the document has been
developed by the author/researcher, an which information the
author has borrowed from others and as earlier stated, allows
the reader to locate the author’s original source materials.
Citation contd.

■ An in-text citation or reference includes:

■ The surname(s) of the author(s) of the work;
■ The year the work was published; and
■ (where appropriate) the page number(s) where the cited
information can be found in the publication. A page number is
however required if one is referring to a quotation or to
figures/data produced in a research project.
Information Formats

■ The primary purpose of citation or referencing is to enable the

reader easily locate the source materials taken from another
author’s work. Therefore it is important, first, that the author
provides the reader with all relevant information for each
source and, second, that the information is presented in a
consistent format throughout the document.
Information format contd

■ The primary purpose of citation or referencing is to enable the

reader easily locate the source materials taken from another
author’s work. Therefore it is important, first, that the author
provides the reader with all relevant information for each
source and, second, that the information is presented in a
consistent format throughout the document.
Citation format contd

■ Some professional organizations that have produced style

manuals include the American Psychological Association
(APA), Modern Language Association (MLA), the Council of
Biology Editors (CBE), and the New York Times Newspaper.
Each of these manuals provide guidelines for citation format
and serves as a style guide for the layout of research reports,
theses and articles.
■ Examples from APA and MLA:
Citation format contd.

■ Book with a single author:

■ APA- Fleming, T. (19997), Liberty! The American Revolution. New York: Viking.
■ MLA – Fleming, Thomas Liberty! The American Revolution. New York; Viking, 19997
■ Book with two authors:
■ APA – Sennett, R; & Cobb, J. (1972). The hidden injuries of class. New York: Vintage Books
■ MLA – Sennett, Richard, and Jonathan Cobb. The Hidden Injuries of Class New York: Vintage
books, 1972.
■ Book with three or more authors:
■ APA – Schwartz, D; Ryan, S; & Wostbrock, F. (1995). The encyclopedia of T.V. game shows. New
York: fact on File.
■ MLA – Schwartz, David, Steve Ryan and Fred Worstbrock. The Encyclopedia of TV Game Shows.
New York: Facts on file, 1995.
■
Summary and Conclusion:

■ In this lecture, we have discussed the concepts of intellectual

property with respect to different types of intellectual
property, the rationale behind the protection, the subject of
infringement of copyright and legal and ethical issues in
information use.
Assignment

ASSIGNMENT:
1. Justify the need for protection of Intellectual Property.
2. State and describe the term eligibility for copyright
protection
3. To every general rule there is always an exception. Analyse
with respect to the exclusivity of copyright.
4. Innocence is no defense to violation of copyright. Explain
with relevant legal principles and decided case(s) ?
5. Underscore the relevance of citation with respect to
academic integrity and plagiarism.
References

■ Sheridan Libraries (2002, December 2) Copyright law, using information legally.

Retrieved January 16 2003 from
http://www.library.ihu.edu/elp/useit/copyright/index.html.
■ Asein(1994), the Nigerian copyright Act with introduction notes, Ibadan, Sam Bookman.
■ Amegatcher N. (1993) Ghanaian copyright, Accra; Omega Publishers.
■ A.J Awominure (2010), Nigerian Copyright law- a critical appraisal- unpublished master
degree thesis submitted to the faculty of law, Obafemi Awolowo University, Ile- Ife.
■ Dushyant K. S,)2014) “Intellectual Property and the Need to Protect It”, Indian Journal
of Sci. Res. Vol. 9(1),
■ Trade Related Aspects of Intellectual Property (TRIPS) Agreement on Border measures
of 1st January, 1995.
■ Nigerian copyright Act Cap. C28 Laws of the Federation of Nigeria, 2004.
■ Indiana University,(2002) You and your copyrights, securing, mamaging and sharing the
legal rights. Retrieved via http://copyright.htm
References contd.

■ University of Georgia Libraries (2001), Citation styles guides. Retrieved via

http://www.ibs.uga.edu/ref/citation.html.
■ Temitope Akinyemi – versus- the Sun Publishing Limited, FHC/WR/CS/87/16. Federal
High Court, Warri.
■ M.C.S – versus- Adeokin (2007) 13 N.W.L.R (PT. 1052) p.619 para. 2
■ 12. Offrey – vs – S.O Ola & Ors. Unreported Suit No. HOS/23/68 decided June 1969.
See also Masterpiece Investment Ltd – v – Worldwide Business media Ltd & ors (1977)
F.H.C.R. 496.
■ 13. C.F.A.O – V – Archbold (1964) G.L.R
■ 14. TRIPS Agreement, Art. 3
■ 15. (2007) 13, N.W.L.R (PT. 1052) 616 at 618 – 619
■ 16. Plateau Publishing Co. & Ors -versus - Chief Chuks Adophy(1986) 4 N.W.L.R ( PT. 34)
205
■ 17. Colburn – versus- Simmis (1843) Ha. 543, 560
THANK YOU FOR YOUR TIME

Monday, LIB 001- LIBRARY INSTRUCTION PROGRAMME

April 12, 49
2021