WHAT IS PUBLIC DOMAIN?

 

As the name implies, it comprises information and art which the public can use for free without fear of legal repercussion or obligation to compensate a copyright owner. 

Thus, it includes works or materials that are not protected under intellectual property laws. 

In this context “works” refers to sounds, speeches, audio visual materials, music, drawings, pictures, etc. 

There are various ways in which a work can end up in the public domain, they include;

  • Copyright expiration; Under the Nigerian copyright law, duration of copyright in musical works subsists for 70 years after the end of the year in which the author dies. This means that at the expiration of the aforementioned time period, the work can be reproduced, sold and exploited by the general public without any issue of copyright infringement. 

 

  • An  unusual instance where the copyright owner dedicates the work to the public domain. 

 

  • Where the work falls under materials that are ineligible for copyright such as ideas, office state symbols, speeches given by government officials during the course of their employment, etc.  

The concept of public domain creates a middle ground between the exclusive rights of the copyright holder and unrestricted enjoyment of a work by the users. 

 

There exists a widespread misconception that all works available on the internet fall into the public domain. This is very false and such misinformation can easily lead to a case of copyright infringement. It is important to remember that under Nigerian Copyright law, copyright is automatic and protects the original expression of ideas on tangible mediums. 

Posting original  audiovisual, artistic or even musical content on social media platforms is enough to qualify for copyrightability. This means that content creators are entitled to the exclusive exploitation of their works and can always serve a notice of infringement  to any service provider or social media network in the event of copyright infringement.

It is always advisable to have an IP lawyer on deck for further clarifications, especially as a creative in this day and age.