Photocopying – When Should You Worry About Copyright Violation – Copyright

As copyright lawyers in Nigeria, we are consulted both by
Publishing houses and authors who approach us seeking advice and
solutions on what to do when there is mass photocopying of their
books or articles.

Photocopying books and articles are commonplace in many
countries including in Nigeria. It has to be kept in mind that
Photocopying without permission is a form of copyright violation.
Often time a defense used against copyright violation is fair use.
Fair use can be used in an educational setting but if there is
indiscriminate use, then this defence might not stand in a court of
law.

Nigeria is a signatory to the Universal Copyright Convention
1952, the Berne Conventions of 1886 and 1971 for the protection of
rights in literary, musical and artistic works and the Rome
Convention of 1961 for the protection of performers, producers,
broadcasting organizations. The aim of conventions is to enable
countries give the same protection to the works of the nationals of
other countries as they give to their nationals.

The word ‘photocopying’ refers to a wide range of
methods for reproducing text on a long-term basis. Causal link,
subconscious copying, indirect copying, significant taking, and
unmodified copying are all examples of copying. In a country like
Nigeria, the seller of pirated audio and video cassettes, the
shopkeeper selling pirated versions of famous textbooks, and the
student who photocopies an entire textbook for his own use are all
responding to the issue in their own manner. In Nigeria,
indiscriminate photocopying of intellectual materials is one of the
most common methods to violate an author’s right. Many
Nigerians turn to indiscriminate photocopying of copyrighted works
as a consequence of the expensive cost of books, particularly
international literature. Scholars lament that this scenario, along
with a scarcity of books, has resulted in a surge in the
photocopying industry in Nigeria. Today, photocopying or illegal
copies of copyright works are rampant, and such infringement has
become a culture, with complete disregard for the rights of
copyright owners. This situation is linked to Nigeria’s poor
copyright awareness, which has also made finding a practical
solution to the photocopying problem one of humanity’s most
challenging challenges.

Because of the scarcity of books, photocopying has become a
profitable industry in Nigeria, to the point that photocopying of
literature without regard for copyright laws has become the
standard, and a problem worth investigating. Photocopying library
materials serves a variety of purposes in the Nigerian educational
system; it is used to disseminate knowledge on a wide scale among
students, professors, and researchers in Nigeria’s higher
institutions, as well as to keep the educational system
running.

One of librarians’ most important responsibilities is to
ensure that everyone has access to knowledge in order to foster the
development of new intellectual property. The availability of
photocopying services for users is one method to make access
simpler. The practice of photocopying at the library also protects
library books against mutilation and theft. However, photocopying
of copyright materials should adhere to the established guidelines
because not every student has the financial means to purchase all
of the information resources required for their studies, and as a
result, students have come to rely on photocopying for survival in
their studies and researches. Because there are insufficient
textbooks in university libraries to accommodate the huge student
population, as well as the inability of students to purchase
foreign textbooks, photocopying operations exceed the limitations
allowed by copyright law.

Despite its use, it has been claimed that photocopying presents
a threat to growth and development due to the high rate of
photocopying activities occurring in various areas of the globe. It
is critical to recognize that, despite the terrible reality of the
current economic situation in Nigeria or elsewhere, there is no
legitimate justification for one to rob another to live. The severe
impact is further mitigated by the existence of libraries. Rather
than infringing on the legitimate rights of copyrighted owners of
creative works, a library may be used to get books that are not
widely available. Any act or omission that deprives an owner of
copyrightable work of the rewards of his labor is illegal,
dishonest, and deceitful. Others’ works should not be used
without their permission unless the copyright owner has given
permission or the usage falls within the exceptions set out in the
law under the concept of fair use. The Fair Use/Dealing Concept
Fair use is a copyright concept that allows for exceptions to
copyright law. Fair dealing refers to the handling of an
author’s work with sincerity and with a legitimate aim,
according to the definition of “fair use.” The concept
of fair use, which has evolved through time, recognizes uses of
copyrighted content that are not within the copyright owner’s
control. Under the fair dealing concept, a person is not obliged to
get permission from the copyright owner before making a copy
(Rubin, 2000). Acts done in good faith for the purposes of study,
private use, criticism, or evaluation of current event reporting
are exempted from copyright control, according to the Second
Schedule to the Copyright Act, Cap C28 Laws of the Federation of
Nigeria 2004.. In other words, whether a work is utilized for
study, private use, critique or review, or reporting on current
events, there is no issue of infringement of the copyright in that
work if it is done in a fair manner. The doctrine applies only to
infringements of literary, dramatic, musical, and artistic works,
and the question of substantiality is important because it is one
of the main criteria for determining whether the use of a work in
fact constitutes fair dealing, so photocopying the entirety of a
large work of copyright cannot be justified on the basis that the
purpose is to make a profit. It is required that the work be
accompanied with a suitable acknowledgement under the guise of fair
dealing. Fair use is a defense to a copyright infringement
allegation. This is to promote growth, creativity, and innovation.
The concept of fair use is essential because new works are
anticipated to draw from previous works, since it is impossible to
make any advance in an area of knowledge without considering what
has been done in that subject before the present study. The concept
of fair dealing is based on the goal of increasing reasonable
access to protected content. It is definitely not an excuse for
cheaters to benefit from someone else’s hard work and
creativity. It’s worth noting that a library’s
reproduction of works for the sake of preservation and security, or
for research usage in another library, is covered by the exemption
(Bush & Co.). Users of information and information owners had
reached an understanding through fair use that educators and
researchers can use portions of works without permission for
educational and research purposes, including the conversion of
works into formats that are user-friendly for various groups of
people, such as those with disabilities. Fair use must be
maintained, in addition to establishing a balance between
information owners and users, so that copyright ownership does not
become an absolute monopoly over the distribution and access to
copyrighted material. The elimination of this provision would have
a significant impact on research, education, and the functioning of
a free society.

Originally published 27 July 2021

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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.