CHAPTER ONE
1.0 Introduction
1.1
Background
to the Study
The
advancement in technology most especially in this century has influenced and
affects every spares of human endeavors to include publishing cycle. Internet
publishing is a new development which began in 20th century enables computer
users to exchange and access messages from millions of computer data base
across the globe.
Another
significant aspect of this research is the legal atmosphere that encompassed
the internet publishing.
It
should be noted that internet publishing include among other: Electronic mail
{e-mail} , G-mail, materials from search engine like Google, yahoo , firefox,
e. t. c, uploading of pictures and other illustrations , online histories and
documentaries , e-news , features and articles , websites materials, online
programs , online software, texts and lots more.
The
internet being a universal source of information has both electronic and print
media characteristics which shall extensively discussed later. Similarly, for
the purpose of this research ‘law of intellectual property is relevant in this
regard.
Focus
shall be made on copyright law, patent law, trademarks law and law of
industrial designs and many other related aspects of law which are designed to
protect the legal rights which arises from mental creative and developed to
encourage people who have zeal to put more effort and ingenuity into the
development of diverse creative works ensuring that such people enjoy the
fruits of their labour without any one taking undue advantage of their work.
The
above mentioned aspect of law covers the recent internet which is the focus of
this research. We shall consider the following element while explain the above
topic in odor to make the discussing succinctly understandable:
{1} work eligibility
{2} concept of fair use
{3} originality of internet work
{4} copyright law protection
{5} legislations on internet publishing
{6} defense, remedies, damages e. t. c.
1.2
Statement of the Study
The
study examined the application of copywright law on the internet publishing in
Nigeria. It will also find out if copyright law subsist on the Internet
publications in Nigeria. While the level at which fair use is acceptable while
dealing with Internet materials will be looked into
It will also x ray how
internet publications can be protected and the possible future of internet
publishing.
1.3
Research Questions
v Are
the internet users aware of copyright law on internet materials?
v To
what extent can copyright law be applicable to Internet publications?
v To
what extent can originality be established in a work on the Internet?
v Does
the internet publications enjoy copyright protection?
v To
what extent can violators of internet copyright law be punished?
v Is
any challenge facing copyright law in Nigeria?
1.4
Purpose of the Study
v
To know if users aware of copyright law on
internet materials.
v
To examine the extent which copyright law be
applicable to internet
publications.
v
To x-ray the extent which originality can be
established in a work on the
Internet.
v
To find out whether internet publications
enjoy copyright protection.
v
To know whether violator of copyright law can
be punished.
v
To know the challenges facing copyright law in
Nigeria.
1.5
Significance of the Study
The
significant of the work is to contribute to the existing knowledge and further
investigate or reveled other areas that researchers have not covered i.e. widen
the study on the application of copyright law to Internet publishing,
especially in this century when internet has made the whole world compressed
into a single electronic room called “a global village “as postulated by
professor Marshall Mcluhan of Canada where information from far and near can be
exploited within some minutes.
It also concerns with
how copyright law can be amended to cover or extended to some lapses in the
area of internet publishing in developing nations and Nigeria in particular.
1.6 Scope of the Study
The
scope of the research focuses on the lecturers and students of Osun State
Polytechnic, Iree because of time, geographical structure and other logistics.
1.7 Limitation of the Study
Being a new study, the research of this
nature cannot be carried out without some constrains.
v Duration
for the research work is relatively short.
v Stress emanated from other academic activities
is also another constrain
v Little
materials also available because the work is relatively new.
v Financial
constrain poses another challenges.
1.9 Definition of the Terms
Copyright
Law:
This is the legal rights granted by law to protect the creator or author of any
original work of art in order to enjoy the fruits of their labour without
anybody deprive them.
Fair
Use:
To partially use some internet materials for either to aid teaching or used in
someone’s work.
Fixation
of the Work: Any recognized form that one can permanent
one’s idea(s).
Internet: A
global connection of computers for bloging, sharing, receiving of ideas.