This paper builds upon the evidence drawn from a scoping study on access to copyright works by persons with disabilities. It identifies and discusses specific access‐enabling technologies for persons with aural, cognitive, physical, and visual disabilities and how they are affected by the exercise of exclusive rights. It shows how, and the extent to which states' ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (Marrakesh Treaty) has enabled the making of accessible format of copyright works for persons with disabilities. To this end, the paper examines patterns and trends of accessible format‐enabling provisions in the copyright laws of World Intellectual Property Organization (WIPO) member states.
The National Broadcasting Commission (NBC) in Nigeria recently released an amendment to the 6th edition of the Broadcasting Code. Its aim is to increase local content, generate advertisement revenue and prevent anti-competitive practices in the Nigerian broadcast industry. To this end, it prevents exclusivity or monopolisation of content by broadcasting organisations, including Pay TV and Video on Demand (VOD) platforms. Drawing from European and South African experiences, this article begins by examining the provisions of the Broadcasting Code, particularly the amendment vis-à-vis the Nigerian Copyright Act and Nigeria’s international obligations under treaties such as the Rome Convention and the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). It then looks at the impact of the amended Code on the broadcast industry. The article seeks to determine whether the provisions of the amended Code can qualify as limitations and exceptions to exclusive rights allowed under the treaties and the Nigerian Copyright Act. It also examines whether, in attempting to foster competition in the Nigerian broadcast industry, the amended Code has taken away the exclusive rights granted by the Copyright Act to owners of Pay TV and VOD platforms and thereby runs contrary to Nigeria’s international obligations. Where appropriate, recommendations are made for consultation among relevant stakeholders for review of the amended Code to align it with the Copyright Act and Nigeria’s international obligations.
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