TABLE OF CONTENTS

Title Page………………………………………………………………………………………………..      i

Approval  Page…………………………………………………………………………………………      ii

Certification Page…………………………………………………………………………………….      iii

Dedication……………………………………………………………………………………………….      iv

Acknowledgement …………………………………………………………………………………..      v

Table of Contents …………………………………………………………………………………….      vi

List of Table ……………………………………………………………………………………………      viii

Abstract ………………………………………………………………………………………………….      ix

CHAPTER ONE: INTRODUCTION

Background of the Study …………………………………………………………………………      1

Brief History of Academic libraries in Edo State…………………………..      7

Statement of the Problem………………………………………………………………………….      15

Purpose of the Study ……………………………………………………………………………….      16

Research Questions ………………………………………………………………………………….      17

Significance of the Study………………………………………………………………………….      17

Scope of the Study ………………………………………………………………………………….      18

CHAPTER TWO: LITERATURE REVIEW

Conceptual Framework of copyright law……………………………….      20

Concept of Academic Libraries …………………………………………………………………      25

The need and importance of copyright law……………………………….      26

Library  Practices and copyright law………………………………………..      28

Copyright awareness and application in academic libraries………..      32

Problems of copyright law application in libraries……………………….      39

Strategies to enhance copyright application in libraries ………………….      44

Review of Empirical Studies…………………………………………………………………….      46

Summary of Literature Review …………………………………………………..      50

CHAPTER THREE: RESEARCH METHOD

Design of the Study…………………………………………………………………………………      52

Area of the Study ……………………………………………………………………………………      52

Population of the Study……………………………………………………………………………      53

Sample and Sampling Technique…………………………………………….      53

Instrument for Data Collection……………………………………………..      53

Validation of the Instrument …………………………………………………………………….      54

Method of Data Collection……………………………………………………………………….      55

Method of Data Analysis ………………………………………………………………………….      55

CHAPTER FOUR: RESULTS

Research Question 1………………………………………………………………………………..      56

Research Question 2 ………………………………………………………………………………..      57

Research Question 3…………………………………………………………………………………      58

Research Question 4…………………………………………………………………………………      59

Research Question 5…………………………………………………………………………………      61

Summary of Major Findings………………………………………………………..      63

CHAPTER FIVE: DISCUSSION OF FINDING RECOMMENDATION AND CONCLUSION

Discussion of Findings………………………………………………………………………………      65

Implications of the Study…………………………………………………………………………      71

Recommendations of the Study………………………………………………………………..      74

Limitation of the Study…………………………………………………………………………….      75

Suggestions for the Study………………………………………………………………………….      75

Conclusion ……………………………………………………………………………………………..      75

References ………………………………………………………………………………………………      77

Appendix I ……………………………………………………………………………………………..      81

Appendix II…………………………………………………………………………………………….     

Appendix III……………………………………………………………………………………………     

Appendix IV……………………………………………………………………………………………     

LIST OF TABLES

Table

1.  Mean Response of Librarians level of awareness 42
2.  Mean response  of librarians on the levelof application of copyright
3. law N= 50                                                                                                      43
4. Percentage response on the academic librarians’ practices that constitute infringement on Nigerian copyright law.  N= 50             44
5. Mean response  of  librarians on the aspects of the Nigeria copyright law that constitute problem to academic libraries at the level of Implementing N= 50                                              46
6. Mean response of strategies librarian could adopt to enhance copyright application N= 50                         48

ABSTRACT

The study was conducted to investigate the librarians’ awareness and application of copyright law in academic libraries in Edo State. A descriptive survey design was adopted in carrying out  the study. The totoal population for this study was fifty nine (59) academic librarians. Five research questions guided the study. Instrument for data collection was questionnaire. A total of fifty nine (59) copies of questionnaire were distributed to the librarians, out of which 50 copies were duely filled and found valid returned, representing 84.7%. Data was analysed using frequency tables, simple percentages and mean scores. From the analysis, the findings revealed that librarians in academic libraries in Edo State are aware of the copyright law and as well have working knowledge of the law. The result showed that librarians on the average duplicate more than three copies of scarce materials held in their libraries and that libraries do not destroy reproduced materials for educational purpose before the end of the prescribed period of one calendar year academic, libraries in Edo State do not engage in cooperative acquisition, that cooperative acquisition tend to cut down subscription and cost of acquisition of library materials. The study discovered that the Nigerian copyright law has not provided adequate guidelines to aid librarians in implementation of the law, and that the copyright law is ineffectual by the slow and expensive litigation process. From the findings of the study it showed that inclusion of copyright information in library orientation lectures for new students and inclusion of copyright law and other legal issues in librarianship curriculum are necessary. Based on the research findings, it was recommended that the Nigerian Copyright Commission and law Reform Commission should consider giving powers to libraries to enforce certain aspects of the law, people waiting to copy copyrighted works should be made to fill copying request forms, these forms must bear “copyright warning”. The study also recommended that copies of the law should be made available to all libraries by the Nigerian copyright Commission or their prices should be subsidized to the barest minimum for libraries to acquire, copyright information should be included in library orientation lectures for new students to create awareness and consequently motivate compliance. The study concluded that institution libraries should be well funded to be able to acquire relevant and sufficient books and journals to meet the needs of the users.  

CHAPTER ONE

INTRODUCTION

Background of the Study

            Academic libraries are libraries that are established and attached to academic institutions such as universities, polytechnic, colleges of education. The major purpose of establishing academic libraries is to support teaching and research in the parent institution. They serve the students, lectures, administrative members of the communities as well as others Omekwu and Ugwuanyi (2009). They added that academic libraries are unique among other libraries because its emphasis is more in research more than teaching and learning. Their collections are based on the academic programmes of their parent institutions which is geared towards achieving institutions objectives. According to Aliu (2009) academic library is an important intellectual resource of the academic community and helps to fulfill the curriculum requirements and promote studies and research. The library according to Igbinosa and Idiodi (2002) caters for the information needs of the community, through the provision of reading materials for the various programmes of the institution.

            Writing on the importance of academic library, Edoka (2000) opined that the direction and the extent of the functions of academic library are largely determined by the nature of academic programmes of the parent institution. He noted that the obligation of an academic library is to provide appropriate information resources for study and research to the members of its own institutions. Ajibero (1995) documented that academic library is the “heart” of an institution. He contended that what all academic libraries have in common, virtually regardless of country or history is their basic position, roles, aims and obligations. According to him the reputations of these libraries depend highly on the library services it offers its clientele in terms of information resources. As information and research resources become more varied, it places a challenge on academic libraries. In line with this Hazen (2000) opined that the changes in the nature of information, in research strategies, and in structure of higher education are affecting academic libraries. These changes according to him define much of the shifting context within which academic libraries must operate.

            Elaborating on the importance of academic libraries, Ekere in Diogu (2011) noted that it is an objective which is achieved through a systematic acquisition and organization of all forms of recorded information in all fields pertinent to goals of the institutions. He added that this can be realized by making such information available to the members of the academic community and other scholars engaged in research and scholarship. Academic libraries are unique because of resources they stock ranging from books, monograph, journal, reference sources and other non print materials. These library resources, books, journals are covered by copyright law.

            Copyright law is an exclusive right by which creators of intellectual property such as literary works, musical, artistic and sound recordings are protected. It spells out the conditions under which copyrighted materials could be used. According to Iyorwuese (1990) the law reserves the sole right of the property in the producer and any attempt to reproduce or copy for any unauthorized or commercial purpose without express permission of the producer is a criminal offence. It entails the power an author has under the law to determine how his work is used. In other words, the reproduction of an author’s work either in its original form or any other form whatsoever is unlawful without the express permission or authorization of the copyright owner (author).

            The copyright Act 2010 recognizes six broad areas of work eligible for protection as provided for in section one namely;

• Literary works
• Musical works
• Artistic works
• Cinematographic films
• Sound recording
• Broadcast.

Although there are ancillary rights often termed as neighbouring rights which are also protected under the law, the focus of this study will be on these specific rights as contained in section one as listed above. Works are not automatically protected by law unless they satisfy two requirements. These requirements are as follows:

• It must be proved that sufficient effort has been expended on the making of the work to give it an original character.
• The work is in a fixed or tangible form from which it can be perceived, reproduced.

The philosophy behind copyright work is the reward of industrial diligence and talent: tested in copying and reproduction of existing works unlawfully or corporate bodies Odion and Ogba (2010). Copyright can be infringed by individuals, organization. Such as broadcasting, publishers and libraries which stock and make use of all works covered by copyright law. Copyright infringement entails reproduction and duplication of literary works without permission of the author(s). This is anchored on the provisions of section 15 of the Act.

However, for infringement to be actionable, it must be established that the act of violation is against the statutory intendments of sections 2,3 & 10 of the copyright  Act, which provisions covers the investment of rights over works which qualify for copyright protection. It must be shown that all or substantial parts of the work have been copied for there to exist an infringement. Infringement can be knowingly and unknowingly done in the day-to-day activities of the library.  

Librarians render immense services to their clienteles such as photocopying of books, journals, duplicating of audio\ visual sound works and as well as exchange of information sources with other libraries. It is not clear whether librarians are aware of the copyright law and apply the law while performing their professional duties.  

Awareness according to new Webster’s comprehensive dictionary defines awareness as possessing knowledge, conscious, lognisant of something. To be aware means to have knowledge or an idea of something, somebody, an event, a place or information that one needs. In this context, it refers to having the knowledge of the copyright law. Awareness on the application of copyright law thus indicate librarians understanding the provision of the law hence will make librarians to avoid breaching the law while performing their professional duties. It is expected that if librarians are aware of the laws they should be able to apply the law adequately in the course of discharging their duties to their clienteles.

Libraries enjoy a lot of concession from copyright regulation; the use of which is considered ‘fair dealing’. Black’s law Dictionary defines, fair dealing’ as a privilege in other that the user of the copyright material can use it in a reasonable manner without the owner’s consent notwithstanding the monopoly granted to the owner. Fair use or fairs dealing is an exception to the copyright law which the Act provided so as not to make it difficult for the users of creative works for whom they are made to take full benefit of the work. The essence of fair dealing is to allow researchers or students to reprint or quote portions of intellectual property if they are compatible with the fairs practice.

The Nigerian copyright law CAP C 28 2010 section 6(1)  of the second schedule created a number of statutory exceptions to libraries against copyright control. These include.

• The doing of any of the acts mentioned in the said section 6 by way of fair dealing for purpose; of research, private use, criticism or review or the reporting of current events, 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 authorship except where the work is incidentally included it a broadcast;

(h)  any use made of a work in an approved educational institution for the educational purposes of that institution, subject to the condition that. If a reproduction is made for any such purpose it shall be destroyed before the end of the prescribed period or if there is no prescribed period before the end of the period of twelve months after it was made.

(k) any use made of a work by or under the direction or control of the Government, or by such public libraries, non-commercial documentation centers and scientific or other institution as may be prescribed, where the use is in the public interest, no revenue is derived there from and no admission fee is charged for the communication, if any, to the public of the work so used.

(q) The making of not more than three copies of a book (including a pamphlet, sheet music, map, chart or plan) by or under the direction of the person in charge of a public library for the use of the library if such a book is not available for sale in Nigeria.

These privileges granted to libraries under the principle of fair dealing are to make information free, accessible and available to users who are in dire need of information resources. It is expected that libraries are to work and apply these provisions in discharge of their statutory duties. When librarians work contrary to these provisions offence of copyright infringement is deemed to have occurred. The librarian /library that commit such an offence is tantamount to be sued for the breach of the law in line with section 15 of the copyright law. According to the law affected author(s) whose material(s) was reproduced beyond the limit of the law will be entitled for damages if he/she sues.

Books and other library materials are in short supply, with a high proportion of books needed to promote scholarship and research at tertiary level of education being imported at prohibitive costs from Europe and United States as emphasized by Ogunrombi & Bello (1997). They maintained that institution funding for textbooks and journals has been reduced by the heavy yoke of economic burden that Nigeria has being experiencing since the mid 1990s. They were of the view that in order to meet up with the information needs of users librarians often resort to mass reproduction of library materials which are fewer in number to meet research and study needs  of users to reduce the incidence of mutilation and or theft of library books and journals.

            The subject of copyright cannot be over flogged taking into cognizance the economic state of the country characterized by the low standard of living among members of the country and the high cost of education (text books, journals and other learning and educational resources). The Nigerian copyright enforcement still needs a lot of improvement in terms of its enforcement to reduce piracy and copyright infringement.  Most students would rather photocopy literary materials needed for learning and research instead of buying textbooks in order to save cost; and these acts of photocopying are not in line with the copyright law.   

Brief History of Academic Libraries in Edo State

History of the academic libraries under study will be briefly examined. These libraries are:

1. University of Benin Library
   1. Ambrose Alli University, Ekpoma
   1. Igbinedion University, Library Okada
   1. Beson Idahosa University, Library Benin
   1. College of Education Benin
   1. Federal Polytechnic Auchi Library   

University of Benin Library

            The University of Benin was founded in 1970. It started as an Institute of Technology and was accorded the status of a full-fledged university by National Universities Commission (NUC) on Ist July, 1971, legally bringing into existence a university to be owned by the Mid-Western Region located in Benin. Following, the subsequent creation of states in Nigeria the university is in present day Edo State.

            The University of Benin library system comprises of the Main Library and faculty libraries. The library has over 211,000 book volumes in all the disciplines offered in the University as well as other areas of human knowledge. There is also a large collection of pamphlets, non-book materials, microforms, audio visual materials etc. the library has back-files of 344 journal titled and presently subscribed to 172 titles.

            The university library was named after Professor John Harris. He was the vice-chancellor of University of Benin at the same the University Librarian. His administration was regarded as the era of consolidation because the university witnessed a great development in all ramifications and that of the library reached the climax during his period.

            John Harris library has the goal and target of acquiring, processing, storing, retrieving and dissemination of valuable materials to support teaching, learning and research needs of the staff, students and researchers of the University community. John Harris library (the main library) has a sitting capacity for 700 readers at time and about 60 carrels for faculty staff and research students.

            The new library extension building stands imposingly on the left wing of the main library build and linked by a workway on the first floor. It has a sitting capacity for about three thousand (3000) readers at a time. It also homes the Donald Patrick E-learning Centre Donated by the Abubakar Tafawa Balewa Memorial Trust Fund. It is equipped with fifty (50) computers and its own bandwidth. It is opened for twenty four hours for reading and internet browsing. The library has been organised to cater for both undergraduate and post-graduate studies.

            The university has embarked on the establishment of faculty libraries to bring reading materials nearer to the students. Thus far seven faculty libraries are functional. These are;

• Ekehuan Road Campus library mainly for fine and Applied Arts and Institute of Public Administration and Extension Services.
• Medical Sub-Library
• Law library
• Pharmacy Library
• Agriculture
• Education
• Engineering Library 

These faculty libraries are located in their various faculty buildings providing reading and photocopying services. All the faculty libraries have been networked with 15 internet points each for internet access.

 University of Benin has student’s population of about 30159 that the library serve. 

Sources: University of Benin Orientation brochure 2012/2013 session

Ambrose Alli University

            The Ambrose Alli University, (formerly Bendel State University) and later (Edo State University) was founded in 1981. Its establishment was a response to the increasing need for an institution of higher learning to absorb thousands of the former Bendel State Students who, though basically qualified, could not again admission into the Federal Universities in Nigeria. At its inception the University operated a collegiate system and later faculty system. As at present there are eleven faculties and several departments.

Ambrose Alli University Library

            From available records and through the interviews conducted with some officers who were on ground during the formative years of Ambrose Alli University the year 1982 appears to be a convenient starting point to begin the brief survey of the birth and growth of Ambrose Alli University Library system. It was at the end of the year 1982 that the university Librarian was appointed. The period between the University Librarian’s assumption of office and when the library opened its doors to students was purely exploratory.

            This main library has the following outreach libraries: Law library, the Clinical Student