NIGERIA Law and Practice Contributed by: Tiwalola Osazuwa, Peretimi Akinmodun, Lazarus Uwa Kalu and Mubaraq Popoola, ǼLEX
Authority issued a directive requiring all gaming operators in Lagos to regularise their operations by obtaining the necessary licences. The NLA further warned that non-compliance would result in enforcement actions against operators. 9.3 Intellectual Property Common IP Challenges Some common IP challenges faced by game developers are the following. Game cloning The rampant practice of copying game con - cepts, characters, and storylines without proper authorisation from the authors. Software piracy The illegal/unauthorised copying and distribu - Competing brands maliciously register trade mark(s) similar to existing game titles or charac - ters to profit from the established trade mark’s reputation. Counterfeiting Counterfeiting of game mechanics and technol - ogy is another common challenge. Creator Rights tion of game software. Trade mark squatting In Nigeria, creators can protect their rights under the CA 2022 which affords creators protection over their literary and artistic works/expressions in a game, including the game’s source codes, artwork and associated music to prevent unau - thorised use or reproduction. Creators can protect their rights by registering their branding materials such as names, logos, colours or any other distinctive features as trade marks. Trade marks prevent others from using
similar brand identity materials in the gaming industry. Creators also have the right to protect the pro - cess/method involved in producing their product if the process is novel, results from an inventive activity and is capable of industrial application. This right also prevents others from using, mak - ing or selling the process without permission from the creator. Key Considerations for Copyright in Digital and Virtual Assets When dealing with copyright in digital and virtual assets, several key considerations arise. These include the following. Originality Copyright protects original works in that the cre - ator of the work must have expended sufficient efforts to give the work an original character. With respect to virtual assets, it is critical for the creator of the asset to show that this threshold The CA 2022 states that unless there is an agree - ment stating otherwise, the copyright in a work belongs to the person who created the work. It is necessary to clarify the ownership of virtual assets. Rights in derivative works Virtual assets typically build on or incorporate pre-existing works. The creation of derivative works based on pre-existing works requires per - mission from the original copyright holder unless the pre-existing work is deemed to be part of works in the public domain. of originality is satisfied. Ownership of copyright
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