THE LEGALITY OF RECORDING LECTURES WITHOUT CONSENT.
Most of the rules governing the recording of lectures in Nigeria are found in the Copyright Act 2022. Section 2(1) of the Copyright Act provides that:
Subject to this Act, the following works shall be eligible for copyright —
literary works ;
musical works ;
artistic works ;
audiovisual works ;
sound recordings ; and
broadcasts.
The phrase "literary work" is defined in section 108(1) of the Copyright Act thus:
“literary work” includes, irrespective of literary quality, any of the
following works or similar works —
novels, stories and poetical work;
plays, stage directions, audiovisual work scenarios and broadcasting scripts ;
choreographic works ;
computer programmes;
textbooks, treatises, histories, biographies, essays and articles ;
encyclopaedias, dictionaries, directories and anthologies ;
letters, reports and memoranda ;
lectures, addresses and sermons ;
law reports, excluding decisions of courts ; and
written tables and compilations, including table or compilation of data stored or embodied in a computer or any medium ;
The above clearly shows that the Copyright Act recognises a lecture as a literary work. Therefore, a lecture is eligible for copyright protection.
Nature of Copyright Protection of a Lecture
What does the eligibility of a lecture for copyright protection imply? According to section 2(2) of the Copyright Act, it means that the lecture is a work that:
"Has been fixed in any medium of expression known or later to be developed, from which it can be perceived, reproduced or otherwise communicated either directly or with the aid of any machine or device."
When the lecturer is lecturing, he's expressing himself orally, which is a medium of expression. The students in the lecture theatre can perceive what the lecturer is saying through their ears. So, in that very moment when the lecture is being given, it is copyrighted. If the lecture were recorded by the lecturer, his version of the recorded lecture would be copyrighted.
This is because the copyrighting of a work doesn't need any formal process. Under section 4 of the Copyright Act, a work is eligible for copyright simply because it exists. The minute it comes into being, it's protected by a copyright.
Implication of a Lecture Being Copyrighted
The protection of a lecture by a copyright is not for show. Section 9 of the Copyright Act, which describes the rights granted to the owner of a copyright in a literary work, spells out the things that only the owner of the copyright in a lecture can do with that lecture. These things include;
Reproducing the lecture through any means that the owner desires - section 9(a).
Making any audiovisual work or record in respect of the lecture - section 9(e).
Who's the Owner of the Copyright in a Lecture?
Section 28(1) of the Copyright Act provides that the copyright in a work is initially vested in the author of the work. Applying this provision to the subject matter of this article, we can infer that the owner of the copyright in a lecture is the lecturer or the one who gives that particular lecture.
Relationship Between the Implication of a Copyright and the Ownership of the Copyright
Now, let's connect the dots. As far as the Copyright Act is concerned, the lecturer has the sole preserve to record the lecture or reproduce it. He can reproduce it word for word or paraphrase it through whichever method fits.
Shouldn't this mean that anyone who records or reproduces the lecture without the lecturer's consent is infringing on the lecturer's copyright? It should. But unfortunately, the law isn't that plain and simple.
Exceptions to the Copyright in a Lecture
When the law creates exceptions to a copyright in a work, it suspends that copyright during certain instances or under specific circumstances. Thus, a lecturer's right to use his lecture in any way he desires doesn't extend to cases where a third party records or reproduces his lecture for the purposes mentioned in section 20(1) of the Copyright Act. Some of those purposes include:
private use ;
parody, satire, pastiche, or caricature ;
non-commercial research and private study.
Following the exceptions outlined in section 20(1) of the Copyright Act, recording a lecture to replay it in your room or listen to it on your own time is legal. The lecturer still owns the copyright in the recorded lecture. But by taking the recording, you haven't infringed on the lecturer's copyright.
What if the lecturer expressly states that he doesn't want to be recorded? You could argue that the lecturer's insistence on not being recorded is immaterial because his act of lecturing in your classroom is a public affair. It's not somewhere secluded. The classroom is not his office, and he cannot invoke his right to privacy under section 37 of the CFRN 1999 (as amended in 2023). Unfortunately, there isn't much, if any, legal basis for this argument, so the answer to this question isn't decided.
Key Takeaways
A lecture is protected by a copyright. And according to section 20(1) of the Copyright Act 2022, recording a lecture for private use does not infringe on the lecturer's copyright in that lecture.
You don't need a lecturer's consent to record their lecture as long as you'll use the recording for private purposes.
If you want to redistribute the recording for commercial purposes, you need the lecturer's consent.
Failure to obtain the lecturer's consent makes the redistributer guilty of an offence under section 44(7) of the Copyright Act 2022.
The distributor is punishable upon conviction by a fine of ₦1M, an imprisonment term of 5 years, or both
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