ECONOMIC RIGHT UNDER COPYRIGHT REGIME IN NIGERIA AND THE RIGHT TO ACQUISITION OF KNOWLEDGE IN ISLAMIC LAW; ANY NEXUS?

Abstract

Intellectual works naturally involves the expending of unquantifiable scholarly and professional efforts, it as well most time, involve huge cost in terms of money sum. The required amount of research, dedication and sacrifice in carrying out intellectual works had necessitated the protection of authors from unpermitted reproduction; there is as well the need to ensure authors gain adequate reward from their intellectual effort, thus, the enactment of the Copyright Act 2022 by the Nigerian Legislature. On the other hand, Islamic law does not have a well-structured copyright law. However, there are evidences from the sources of Law and proprietary concepts that suggests that intellectual works are not left to be indiscriminately violated as it recognises the moral right of attribution of authors to their works. The law equally views acquisition of Knowledge which is often embedded in intellectual works as a right that can be acquired wherever it is found, thus, the Law does not view the unpermitted reproduction and use of intellectual works to be offensive. However, Islamic law is not oblivious of the need to protect the efforts put into any intellectual work as well as the attendant economic right. Therefore, this paper adopted the doctrinal research methodology to explore the nexus in the Copyright regime in Nigeria and the right to acquisition of Knowledge under Islamic Law with the view to determining their points of convergence and divergence. The discussion of copyright in this work is strictly restricted to the scope of intellectual property and does not extend to other aspect of copyright.