Copyright Act 10 of 24 http://www.nigeria-law.org/CopyrightAct.htm (b) broadcasts live, or includes live in a cable programme, the whole or a substantial part of the live performance; (c) performs in public the whole or a substantial part of the live performance; (d) shows or plays in public the whole or a substantial part of the live performance for commercial purposes; (e) broadcast, or includes in a cable programme, a substantial part of the performance by means of recording which is, and which that person knows or has reason to believe was made without the performer’s consent; (f) imports into the country otherwise than for his private or domestic use, a recording of a performer’s work which is an infringing recording; or (g) in the course of trade or business, sells or lets for hire, offers, distributes or displays for sale or hire a recording of a performer’s work which is an infringing recording. 26. (1) An infringement of a right protected by section 23 of this Act shall be actionable by the person entitled to the right as a breach of statutory duty and the performer be entitled to damages, injunction, account for profit or conversion. (2) Where a person has in his possession, custody or control, in the course of trade or business or otherwise than for a private or domestic use, an unauthorised recording of a performance, a person having the performer’s right or recording rights in relation to the performance under this section shall be entitled to an order of the court that the recording be forfeited and delivered up to him. 27. (1) Notwithstanding the provisions of section 25 of this Act, a person who does any of the acts set out in the said section 25 shall, unless he proves to the satisfaction of the court that he did not know that this conduct was an infringement of the performer’s right, be liable on conviction- (a) in the case of an individual, to a fine not exceeding N10,000; (b) in the case of a body corporate, to a fine of N50,000; (c) in all other cases, to a fine of N100 for each copy dealt with in contravention or to imprisonment for twelve months or to both such fine and imprisonment. (2) A court before which an offence under this section is tried shall order that the recording or any other part thereof be delivered to the performer. 28. (1) Expressions of folklore are protected against- (a) reproduction; (b) communication to the public by performance, broadcasting, distribution by cable or other means; (c) adaptation, translation and other transformations, when such expressions are made either for commercial purposes or outside their traditional or customary context. (2) The right conferred in subsection (1) of this section shall not include the right to control- (a) the doing of any of the acts by way of fair dealing for private and domestic use, subject to the condition that, if the use is public, it shall be accompanied by an acknowledgement of the title of the work and its sources; (b) the utilisation for purposes of education; (c) utilisation by way of illustration in an original work of the author: 24/08/2011 11:09