WHAT IS COPYRIGHT?

Copyright is the right which the law gives an author or other originator of an intellectual production whereby he is invested with the sole and exclusive privilege of producing and selling copies of his work. It is usual to see warnings like the example below in books and phonographic recordings:

All rights reserved. No part of this work may be reproduced in a retrieval system or transmitted in any for or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of the publisher/author.

The essence of the law of copyright is to protect intellectual property from being reproduced and sold by unauthorized persons, so that the owner of the work can enjoy the fruit of his labour. But the advance in technology is making it increasingly difficult to enforce copyright laws. This is because hundreds of thousands of copies of books and phonographic materials of all kinds can now be easily produced by privates, thanks to the ubiquitous photocopying machines and audio/visual recorders.

Piracy has assumed a worrisome dimension in the developing countries where poverty and the get-rich-quick syndrome, couple with poor law enforcement, have combined to provide fertile ground for such vices. In schools and universities, indigent students photocopy whole books for their use, even where such materials are available and affordable. Also, at the ubiquitous roadside markets in the cities, it is common to find poor quality reproductions of recommended textbooks on sale at rock-bottom prices - the fruit of piracy.

In Nigeria, the widespread violation of copyright, especially in the music industry, led to the enactment of the Copyright Act of 1990. This was to strengthen the existing Copyright Act of 1970. Section 14(1) of the 1990 Copyright Act states as follows:

Copyright is infringed by any person who, without the license or authorization of the owner of the copyright:
(a). Does or causes any other person to do an act, the doing of which is controlled by copyright;
(b). Imports into Nigeria, otherwise for his private or domestic use, any article in respect of which copyright is infringed under paragraph (a) of this subsection;
(c). Exhibits in public any article in respect of which copyright is infringed under paragraph (a) of this subsection.
(d). Distributes by way of trade, offers for sale, hires or otherwise or for any purpose prejudicial to the owner of the copyright, any article in respect of which copyright is infringed under paragraph (a) of the section;

(e). Makes or has in his possession, plates, master-tapes, machines, equipment or contrivances used for the purpose of making infringed copies of the work;

(f). Permits a place of public entertainment or of business to be used for a performance constitutes an infringement of copyright in the work, unless the person permitting the place to be so used was not aware, and had no reasonable ground for suspecting that the performance would be an infringement of the copyright;

(g). Performs or causes to be performed for the purposes of trade or business or as supporting facility to a trade or business, any work in which copyright subsists.

WORKS ELIGIBLE FOR COPYRIGHT IN NIGERIA
The following works are those eligible for copyright violation in Nigeria:
(a). Literary works
(b). Musical works
(c). Artistic works
(d). Cinematographic works
(e). Sound recording; and
(f). Broadcast

Literary Works: - They include writings such as novels, stories, poetries, plays, film, broadcasts and teleplays, textbooks, essays, articles, etc.

Musical Works: - Included here are all kinds of musical works, whether accompanied by lyrics or instrumental.

Artistic Works: - Such as paintings, drawings, etchings, lithographs, woodcuts, engravings, prints, maps, plans, diagrams, sculptures, photographs, etc.

Cinematograph Film: - These refer to films of all sorts, whether or not they can be shown as moving pictures.

Sound Recording: - Any sound recording that can be perceived aurally.

Broadcast: - All broadcast via radio, television, satellite, cable, or rebroadcast.

However, some kinds of work do not enjoy copyright. They include but are not limited to letters to the editor, advertisements and titles. Copyright protection does no exist in respect of any idea, thought, fact, concept, principle, discovery, process, procedure, system or method of operation, no matter the form in which it is expressed, illustrated or embodied in a work.

DURATION OF COPYRIGHT AND FAIR USAGE
The Copyright Act stipulates that the duration of copyright depends on the nature of the work in question. For literary, musical and artistic works, the copyright lasts for the lifetime of the author, plus 70 years after his death. However, for cinematograph films, photographs, sound recordings and broadcasts, the copyright lasts for 50 years from the end of the calendar year in which the work was first published broadcast.

"Fair Usage" or "fair dealing" is an exception to copyright control whereby the work is not reproduced for commercial purposes but a few copies are made for private use, study or research.

THE REMEDIES FOR COPYRIGHT
The remedies for Copyright violation as contained in Copyright Act are:
(a). Damages;
(b). Injunction;
(c). Accounts;
(d). Delivery Up.

(a). Damages are the compensation which may be recovered in the courts any person who has suffered loss or damage.

(b) Injunction is a court order requiring a party to a dispute to do or refrain from doing something. In the case of Copyright violation, it is handed/down to the pirate to stop further selling or using of the work in question.

(c). Accounts in this sense is the assessment of the gains which accrued to the violator of copyright from the work.

(d). Delivery up means that the court orders the copyright infringement to up all the pirated work still in his possession.


What is Contempt of Court?
The law of contempt is predicated on the absolute necessity to provide an enabling environment for the courts and the legislature to perform their constitutional duties without hindrance. In, Nigeria the laws that pertain to contempt of court are Criminal Code Act, the Penal Code Act, and the Constitution itself.

Section 133 of the criminal code states that any person who:
1. Within the premises in which any judicial proceeding is being had or taken within the precincts of the same, shows disrespect in speech or manner, to or with reference to such proceeding is being had or taken, or

2. Having been called upon to give evidence in a judicial proceedings, fails to attend or having attended refused within lawful excuse to answer a question or produce a document or prevaricates, or remains in the room in which such proceeding is being had or taken after the witnesses have been ordered to leave such room, or

3. Causes all obstruction or disturbance in the course of a judicial proceeding, or while a judicial proceeding is pending, makes use of any speech or writing misrepresenting such proceeding, or capable of prejudicing any person in favour of or against any party to such proceeding, or calculated to lower the authority of any person before whom such proceeding is being had or taken, or

4. Publishes a report of the evidence taken in any judicial proceeding which had been directed to be held in private, or

5. Attempts wrongfully to interfere with or influence a witness in a judicial proceeding either before or after he has given evidence in connection with such evidence, or

6. Dismisses a servant because he had given evidence on behalf of a certain party to a Judicial Proceeding, or

7. Retakes possession of land from any person who has recently obtained possession by a writ of court, or

8. Commits any act of intentional disrespect to any judicial proceeding, or any person before whom such proceeding is being had or taken,

is guilty of a simple offence, and liable to imprisonment for three months.


Section 6 of the, criminal code further states:
Nothing in this Act or code shall affect the authority of courts of record to punish a person summarily for the offence commonly known as contempt of court, provided that a person is not punished for the same both under the inherent power of the Court and under the provisions of section 133 of the Criminal Code.

Similarly, section 155 of the Penal Code provides thus:
Whoever intentionally offers any insult or causes any interruption to any public servant while such a servant is sitting at any stage, of a judicial proceeding shall be punished with imprisonment for a term which may extend to six months or with a fine which may extend to 20 pounds or both.

The 1999 Constitution also provides for contempt of court in section 39 (3) where it states:
Nothing in this section shall invalidate any law that is reasonably justifiable in a democratic society: (a) for maintaining the authority and independence of courts…


Definition of contempt
From all the foregoing, contempt of court can be defined as: Any act which is calculated to embarrass, hinder or obstruct Court Administration of Justice, or which is calculated to lessen its authority or its dignity, committed by a person who does not act in willful contravention of its authority or dignity, or tending to impede or frustrate the administration of justice by one who, being under the Court's authority as a party to a proceeding willfully disobeys its lawful orders or fails to comply with an understanding which he has given.

Contempt of court can be in two ways:
a). Contempt in the face of the Court (facia curia), otherwise known as direct contempt, and

b). Indirect contempt or ex facia curia. This is contempt committed outside the court, so to say.

Ways in which contempt of court can be committed by the journalist
As law-abiding and responsible citizens, journalists are expected to respect the courts in the course of their official duties. However, in the past there have been altercations between journalists on the one hand and judges and magistrates on the other over contempt, occasioned by the following infringements:

(a). Trial by the media, whereby a suspect in a criminal offence is deemed already guilty by the media even before the trial is over. This annoys Judges and Magistrates and often causes them to invite the journalists involved for tongue lashing and possible committal to prison if they do not show sufficient remorse.

(b). Commenting on a case before the court in a manner that suggests that those involved will not obtain justice.

(c). Showing disrespect to the Magistrate or Judge right in the court (in facia curia) such as making a noise when the court is sitting, taking photographs in the open court, etc.

A celebrated case of contempt of court
A case of contempt of court which readily comes to mind is the celebrated case of Onagoruwa vs. the State, in which Dr. Olu Onagoruwa, a Columnist with the Daily Times alleged prejudged a case before the Anambra State High Court in 1979. The State Chief Judge trying the case ordered that Onagoruwa be detained in prison until he purged himself of contempt.

Onagoruwa appealed on the ground that the order for his detention was unlawful, and the alleged contempt was ex facia curia, not in facia curia as argued by the opposing side.

The Appeal Court ruled that the detention of Dr. Onagoruwa for contempt was indeed improper, as he was not given a fair hearing. More so, the contempt in question was not in the face of the court but outside the court. The Appeal Court upheld the argument that the alleged contempt was not the publication of the initial article, but rather the refusal of the appellant to comply with the order of the court that he should make amends for his initial contempt.

The court further made the following landmark statements about contempt in general:
Contempt committed ex facia curia being words spoken or acts done outside court which are intended or likely to interfere with or obstruct the fair administration of justice, a newspaper article apparently prejudging a trial could clearly be prima facie contemptuous, but in deciding whether it actually offends the law, the court should act with caution and restraint and consider whether the hearing will in fact be grossly affect particularly, where the issue concerned is a civil one to be heard without a jury, but solely by a Judge, trained to assess the evidence fairly and to arrive at conclusion based on that alone.


Lessons from the Appeal Court’s ruling
From the Appeal Court's ruling on the Onagoruwa case, one can understand a few things about contempt of court as it applies to newspapers:

(i). If the newspaper commentary prejudges a case under trial, it will be prima facie contemptuous of the court;

(ii). However, Judges are expected to apply that law with caution, since the newspaper article on its own is not enough to sway the learned trial Judge to depart from the path of justice, especially when he has before him evidence to consider in deciding the case. What is more, the Judge has received adequate training to enable him to weigh the evidence before him.

(iii). This serves as a lesson to both journalists and Judges on the contentious issue of contempt of court. Some Judges seem to be too sensitive on such matters, to the ridiculous extent that undermines freedom of expression. Indeed, the old notion that a case in court be commended upon is a fallacy.

WHAT IS CONTEMPT OF PARLIAMENT?
Contempt of Parliament is any action or word which tends to intimidate or obstruct members of Parliament from performing their lawful duties. Parliament in present day Nigeria would mean the National Assembly or the House of Assembly of a State.

The 1999 Constitution accordingly gives the National Assembly and the State Houses of Assembly the power to make laws. For example, Chapter 1, part II, 4(i) state:

4(i) The Legislative power of the Federal Republic of Nigeria shall be vested in a National Assembly for the Federal which shall consist of a Senate and a House of Representatives.

(2). The National Assembly shall have power to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Executive Legislative List set out in part for the Second Schedule of this Constitution.

Furthermore, (7) state:
The House of Assembly of a State shall have power to make laws for the peace, order and good government of the State or any part thereof.

Accordingly, the legislature has the power under the Legislative Houses Power and Privileges Act, 1990 to punish anyone or deemed to be contemptuous of that legislature. (The Legislative House and Privileges Act define the powers, privileges and immunities of Parliament).

IN WHAT WAYS CAN A JOURNALIST SHOW DISRESPECT TO PARLIAMENT?
The media as responsible institutions of the society are therefore expected to respect the immunities, integrity, privileges and right of the Assembly members. But sometimes conflicts arise. In what instances can the action of journalist be deemed to be disrespectful to a Legislative House? Disrespect to parliament can be in the following ways:
(a) Misrepresentation of parliamentary proceedings;
(b) Scandalous publications about Parliamentarians;
(c) Refusal to honour the invitation of the parliament;
(d) Refusal to contract misrepresentation about parliament or its leaders, etc.


CAN PARLIAMENT COMMIT A JOURNALIST TO PRISON?
Is it possible for parliament to commit a journalist to prison, like the court? The answer is of course no, and it has never happened (in Nigeria, at least). Whenever parliament feels aggrieved over adverse press reports, it usually reacts in form of reprimand objections, warning and caution. It does not have the power to jail journalists since it is not a court of law. Moreover, it would not be a Judge and Prosecutor in its own case. The theory of separation of power gives Parliament the role of making the laws but leaves the interpretation for the Judiciary. Therefore, it would be unconstitutional for parliament to prosecute and jail a journalist, or any one.

However, Parliament can, and indeed, has issued warrant for the arrest of persons who were summoned by Parliament but failed or refused to show up. Parliament can also withdraw the accreditation of any journalist who disrespects it. But it has been the custom of Parliament to exercise utmost caution in such matters so as to avoid unnecessary alterations with the media, since both institutions are partners in progress.

WHAT IS THE ESSENCE AND PURPOSE OF THE OFFICIAL SECRETS ACTS?
The Officia Secrete Act, which was enacted in Nigeria in 1962, seeks to prevent the disclosure to the public of any material which government considers as classified matter. The Act defines classified matters as:

Any information or anything which under any system of security classification, from time to time in use by any branch of the government, is not to be disclosed to the public would be prejudicial to the security of Nigeria.


From the above it can be seen that the essence of the Official Secret Act is to protect national security. For, indeed, given the volatile nature of the Nigeria polity, trouble can easily start if certain kinds of information are freely released to the general public. Public Officers are by the Official Secret Act barred from disclosing such sensitive material to the general public.

The Act accordingly defines Public Officer as "a person who exercises or formerly exercised for the purpose of the government the functions of any office or employment under the state." Thus, all public officers, including those in the pure Civil Service and those in other government agencies such as the Military, Police, Judiciary, Legislature, Universities, etc., are barred from disclosing classified matters, whether they are still in service or have disengaged from service in whatever manner.

The Official Secret Act also criminalizes spying, espionage, and sabotage of the nation’s strategic military and other security installations.

WHAT OTHER LAWS SEEK TO PROTECT GOVERNMENT SECRETS?
Apart from the Official Secret Act, there are other laws in Nigeria which seek to protect government secrets for security reasons. They include the Criminal Code Act; the Penal Code Act; The Evidence Act and the Constitution itself. For example, the Criminal Code Act provides in Section 97 (1) that:

Any person who being employed in the public service communicates fact which comes to his knowledge by virtue of his office, and which is his duty to keep secret or by any document which comes to his possession, except to some person to whom he is bound to publish or communicate, is guilty of a misdemeanor and is liable to imprisonment for two years.

Also, the 1999 Constitution states in Section 39(3) that:
Nothing in this section shall invalidate any law that is reasonably justified in a democratic society (b) imposing restrictions upon persons holding office under the…