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28 J. Legal Ethical & Regul. Isses 1 (2025)

handle is hein.journals/jnlolletl28 and id is 1 raw text is: Journal of Legal, Ethical and Regulatory Issues CRIMINAL ACCOUNTABILITY FOR COPYRIGHT INFRINGEMENT A COMPARATIVE ANALYSIS OF NIGERIAN AND SOUTH AFRICAN LAW Okubor Cecil Nwachukwu, University of Delta, Nigeria Enakireru Eric, University of Delta, Nigeria ABSTRACT In Nigeria and South Africa, copyright is the most common intellectual property right. The purpose of this study is to look at how criminalizing copyright infringement in Nigeria and South Africa has helped to reduce blatant copyright infringement. The study used qualitative research methodology and a doctrinal approach to trace: the definition of copyright as an industrial property subject; copyright infringement in Nigeria and South Africa; proof of copyright infringement in Nigeria and South Africa; and criminal liability for copyright infringement. According to the study, criminal liability for copyright infringement cannot be underestimated, given the increase in criminal activities in these countries, which has resulted from a massive increase in piracy and bootlegging, which has become a huge and highly profitable business. As a result, the paper suggests that the government of the day make a concerted effort to educate the populace, and that arrangements be made for widespread publicity on the importance of copyright in particular, and intellectual property law in general, on the individual owner of copyright as well as the nation's entire economic, social, and legal system. Keywords: Copyright Infringement, Criminal, Liability, Intellectual Property. INTRODUCTION Copyright law tries to safeguard copyright owners' interests or property rights by preventing unauthorized use of such works. Two methods are used to prevent such unauthorised uses. The first is by civil remedies.2 The second method is by prosecution of infractions of the copyright owner's rights.3 The essence of copyright laws is to ensure that writers' investment and originality are rewarded, as well as to serve as an incentive for authors to generate additional works for the educational, scientific, cultural, and literary growth of society (Adeyemi, 2020). Copyright laws are also important in balancing the private rights of copyright owners with the public's interests in having access to information, knowledge, and other cultural advantages in copyright works. Ensuring this balance is a government job, which is why there is discussion about whether criminalising copyright infringement is appropriate and if it fulfills this function. Copyright infringement has always been regarded a civil wrong, and governments have been loath to make it a crime. However, technologies that affect the development, distribution, and exploitation of creative content are continually changing copyright law. To ensure that the copyright system continues to function, laws must be updated to reflect new technologies affecting the copyright industry. For example, with reproduction and digital technologies making the reproduction and dissemination of copyright works easier and less 1 1544-0044-28-S1-001 Citation Information: Nwachukwu, O.C., Eric, E. (2025). Criminal accountability for copyright infringement a comparative analysis of Nigerian and South African law. Journal of Legal, Ethical and Regulatory Issues, 28(S1), 1- 14. Volume 28, Special Issue 1, 2025

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