Copyright Act 19 of 24 http://www.nigeria-law.org/CopyrightAct.htm Third Schedule Special Exceptions in respect of Records of Sound Recording 1. The copyright in a sound recording is not infringed by a person (in this Schedule referred to as "the record producer") who makes a record of the work or of an adaptation thereof in Nigeria, if(a) records of the work, or, as the case may be, of a similar adaptation of the work, have previously been made in, or imported into Nigeria for the purposes of retail sale, and where so made or imported by, or with the licence of, the owner of copyright in the work; (b) before making the record, the record producer gave to the owner of the copyright the prescribed notice of his intention to make it; (c) the record producer intends to sell the record by retail, or to supply it for the purpose of its been sold by retail by another person , or intends to use it for making other records which are to be sold or supplied; and (d) in the case of a record which is sold by retail, the record producer pays the owner of the copyright in the prescribed manner and at the prescribed time, a royalty of an amount ascertained in accordance with the provisions of this Schedule 2. Subject to the following provisions of this Schedule, the royalty mentioned in sub-paragraph (d) of paragraph 1 of this Schedule shall be of an amount equal to a percentage of the ordinary retail selling price of the record calculated in the prescribed manner. 3. If, at any time after the end of the period of one year beginning with the coming into operation of a prescribed rate of royalty it appears to the Minister that the ordinary rate of royalty, or the minimum amount thereof, as prescribed has ceased to be equitable, either generally or in relation to any class of records, the Minister may hold a public enquiry, the Minister is satisfied of the need to do so, he may make an order prescribing such different rate or amount, either generally or in relation to any one or more classes of records, as he may consider just: Provided that(a) no order shall be made under this paragraph unless the order has been approved by the National Council of Ministers; and (b) where no order comprising a class of records (that is to say, either a general order or an order relating specially to that class, or to that class together with one or more other classes of records) has been made under this paragraph, no further order comprising that class of records shall be made thereunder less than five years after the date on which the previous order comprising that class (or, if more than one, the last previous order comprising that class) was made thereunder. 4. In the case of a record which comprises (with or without other material, and either in their original form or in the form of adaptations) two or more musical works in which copyright subsists, if the owners of the copyright in the works are different persons, the royalty shall be apportioned among them in such manner as they may agree or as, in default of agreement, may be determined by arbitration. 5. Where a record comprises(with or without other material) a performance or a musical work, or of an adaptation of musical work, in which words are sung, or are spoken incidentally to or in association with the music, and either no copyright subsists, the conditions specified in paragraph 1 of this Schedule are fulfilled in relation to that copyright, then if(a) the works consist or form part of a literary or dramatic work in which copyright subsists; and (b) such previous records as are referred to in sub-paragraph (a) of paragraph 1 of this Schedule were made or imported by, or with the licence of the owner of the copyright in that literary or dramatic work; and (c) the conditions specified in sub-paragraph (b) and (d) of paragraph 1 of this Schedule are fulfilled in relation to the owner of that copyright, the making of the record shall constitute an infringement of the copyright in the literary or dramatic work; Provided that this paragraph shall not be constructed as requiring more than one royalty to be paid in respect of a record; and if 24/08/2011 11:09