Nigeria sharpens copyright enforcement with asset-recovery powers

The Nigerian Copyright Commission (NCC) has been designated a “relevant organization” under the Proceeds of Crime (Recovery and Management) Act, 2022, marking a significant shift in the country’s approach to copyright enforcement.

This new status empowers the NCC not only to prosecute copyright offences but also to trace, freeze, seize, manage, and confiscate assets and financial benefits derived from copyright crimes. Notably, the Act allows for both conviction-based and non-conviction-based asset recovery, meaning the NCC can pursue the proceeds of infringement even without a criminal conviction, using civil proceedings where necessary.

The NCC is now authorized to collaborate closely with other law enforcement agencies such as the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices Commission (ICPC), and the Nigerian Police, enabling a coordinated response to piracy and related offences. The Act also grants the NCC powers to manage seized assets, operate businesses under seizure, and initiate recovery proceedings in foreign jurisdictions. This expanded mandate is expected to deter infringement by targeting the financial incentives behind piracy.

Complementing these legal reforms, the NCC marked African Copyright and Collective Management Day with a colloquium in Abuja, focusing on public performance licensing and compliance. At the event, NCC Director General Dr. John Asien highlighted the severe impact of piracy, stating that it “steals the creativity and the intellectual properties of creators,” depriving rightsholders of income, diverting government revenue, and undermining the creative economy.