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NLIPW Cases and Principles

Offrey v. Chief S.O. Ola

 High Court of Osun State sitting at Osogbo Judicial Division

Judgement delivered on June 27, 1969
Citation: 12 NIPJD [HC. 1969] H/23/1968
Suit No. HOS/23/68        Jurisdiction: Nigeria

PRINCIPLE ESTABLISHED

Copyright Act – Sufficient effort must have been expended to give the work an original character [now S. 1(2) of the Copyright Act, Cap. C28 Laws of the Federation of Nigeria (LFN), 2004]: The court considered whether or not the defendant had actually infringed the copyright of the Plaintiff who had printed a book for sale titled “New Era Scheme of Work and Record Book”.

The court held that a work would only be deemed to be protected by copyright if the product is a result of some substantial or real expenditure of mental or physical energies of the producer and the labor or skill was not a negligible or common place one.

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