11/10/2024
Contrary to popular opinion, mere ideas cannot be protected. To be eligible for protection, it must meet some requirements as provided for by the Nigerian Copyright Act 2022.
The requirements include:
1. ORIGINALITY(SECTION 2(a)): Sufficient effort must be expended on making the work in order to give it an original character and make it new. This was emphasized in the Nigerian case of Masterpiece Investment Ltd v Worldwide Business Ltd Business media Ltd & Ors (1997) FHCLR496
2. FIXATION(Section2(b)): The work must be fixed in any definite medium of expression now known or later to be developed, from which it can be perceived, reproduced or otherwise communicated either directly or with the aid of any machine or device. Fixation is the proof that the ideas are from you. In the UK case of Merchandising Corporation of America v Harpbond, it was stated that any painting must be on a surface.
3. CONNECTING FACTORS(Sections 5,6,7, and 8): It must have connection to Nigeria.
Therefore, the fact that you have an idea does not equate to automatic protection under copyright. The ideas must be original, fixed on any medium and must be connected to Nigeria.