CREATORS AND THE LAW: PROTECTING YOUR CONTENT IN THE DIGITAL AGE
By Angba Deborah Ehi
University of Jos.
Abstract
We live in a time where almost everyone creates something; from videos on TikTok and Instagram to blog posts, podcasts, music, and even memes. But as more people create, more people also copy, sometimes without giving credit. This article looks at the relationship between law and content creation in Nigeria. It focuses on how creators can legally protect their work, especially under the Copyright Act 2022, and how the digital space has changed the way we think about intellectual property.
Introduction.
Every day, people post, write, record, or design something new online. We call it content, but in legal terms, most of it falls under “intellectual property.” As a Gen Z student who is always online, I’ve seen creators complain about their work being stolen; maybe a video reposted without permission, or a design copied without credit. It makes you wonder: does the law actually protect these people?
The answer is yes, but It’s not as simple as we’d like. The Nigerian Copyright Act 2022 replaced the old 2004 Act to meet the realities of today’s digital age. It gives content creators new rights and also introduces better ways to deal with online infringement. This article breaks down what the law says, why it matters, and how creators; young or old—can actually use it.
Understanding the Law and the Concept of Copyright.
The word “Copyright” means the right to own and control your creative work. Section 1(1) of the Copyright Act 2022 defines it as the exclusive right of an author over original literary, musical, artistic, or audiovisual works. That means once you create something original; a song, a blog post, a video, a photo, it automatically belongs to you. You don’t even need to register it before it’s protected.
However, registration with the Nigerian Copyright Commission (NCC) still helps, especially when you need to prove ownership in court. The new Act even recognizes digital works; that’s a big improvement, considering how much of our creativity now lives online.
In University of Lagos v. Aigoro (1985) 1 NWLR (Pt. 1) 143, In Aigoro’s case, the Supreme Court emphasized that when a right is created or governed by statute, it must be respected and protected through the procedure that statute provides. If those legal steps are ignored, any action taken, even by a powerful institution, becomes null and void.
In this article’s context, content creators have rights given to them by the Copyright Act 2022, just as Aigoro’s employment was protected by statute.
So, when someone copies a creator’s work without following the lawful process (like obtaining permission or respecting fair use), it’s equivalent to the University violating Aigoro’s statutory rights, both are unlawful acts under Nigerian.
Digital Creativity and the Problem of Infringement.
Social media has blurred the line between sharing and stealing. A lot of people think if it’s on the internet, it’s free; but the law doesn’t agree. Section 27 of the Copyright Act 2022 clearly states that reproducing or communicating someone’s work to the public without permission amounts to infringement.
For instance, reposting someone’s video without tagging them or getting their consent will be regarded as a copyright violation. Even using another person’s image or musical beat in a TikTok video can raise legal questions, depending on how it’s used.
In Adeokin Records v. Musical Copyright Society of Nigeria (MCSN) (2022) LPELR-58265(CA), the Court of Appeal emphasized that creators deserve fair compensation for their intellectual work. This case reminds us that content creation is not just fun; it’s a form of labour that the law must protect.
What the Copyright Act 2022 Changed
Before 2022, Nigeria’s copyright law was outdated. It didn’t fully address online streaming, digital content, or AI. The new Act changed that. Some of its major improvements include:
This means that while you can sue someone for using your work without permission, you can’t necessarily sue the platform if they take it down after you report it.
Challenges Creators Still Face.
Even with the new enacted law, creators still face real challenges. Most people don’t know their rights or can’t afford to hire a lawyer. Legal processes can also be slow and expensive.
Enforcement is another issue. Nigeria’s legal system is still catching up with the speed of digital life. While the Nigerian Copyright Commission (NCC) works to educate and protect creators, many infringements happen daily without any legal consequence.
There’s also the issue of fair use, which allows limited use of copyrighted material without permission; for example, in reviews, education, or parody. But determining what counts as fair use is tricky, and many users hide under it to justify copying.
The Role of Technology and AI
Artificial Intelligence (AI) tools now make it easy to create content; and also to copy it. If an AI writes a poem or designs an image, who owns it? The person who prompted the AI, or the AI company?
The Copyright Act 2022 doesn’t directly answer this yet, but Section 2(1)(b) suggests that authorship must be linked to a human creator. This raises fresh debates for lawyers and creators alike.
According to Adegoke (2024), in “Implications of the Copyright Act 2022 on Generative AI and Fair Dealing”, Nigeria needs clearer policies to address AI-generated works and fair dealing. This is the future of content law, and it’s a space young lawyers should be exploring.
Practical Steps for Creators To Protect Your Content Effectively:
Creators can also form or join associations that advocate for their rights. Collaboration, not isolation, helps amplify voices when issues arise.
Conclusion
Law and content creation now walk hand in hand. The digital world is growing fast, and so must our legal understanding. For Gen Z creators, the law is not just a distant concept; it’s the shield that protects your talent. For older lawyers, it’s a reminder that intellectual property isn’t what it used to be; it’s now global, instant, and constantly evolving.
As content continues to shape the world, creators must see themselves not just as artists or influencers but as owners of valuable intellectual property. The law may not be perfect yet, but it’s moving in the right direction and so should we.
Read further:
Copyright Act, 2022 (Nigeria)
University of Lagos v. Aigoro (1985) 1 NWLR (Pt. 1) 143
Adeokin Records v. Musical Copyright Society of Nigeria (MCSN) (2022) LPELR-58265(CA)
Nigerian Copyright Commission (NCC), “Guidelines for Digital Content Protection,” 2023
Praise Adegoke, Implications of the Copyright Act 2022 on Generative AI and Fair Dealing (ResearchGate, 2024)
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