Download Blue Is The Warmest Color Netnaija «Instant - 2024»
| Aspect | Findings | Implications |
|--------|----------|--------------|
| Nigerian Copyright Law (Copyright Act 2004, as amended 2020) | – Protects “literary, artistic, and cinematographic works.”
– Infringement includes “unauthorised copying, distribution, or making available to the public.” | Hosting or providing download links to a full‑length film without permission is infringement. NetNaija may be liable under Section 30(2) for “contributory infringement” if it knows of the illegal nature of the content. |
| International Treaties | Nigeria is a signatory to the Berne Convention and the WIPO Copyright Treaty. | Obligates Nigeria to provide at least the same level of protection as domestic works, reinforcing the illegality of unlicensed distribution. |
| Safe Harbour / Intermediary Liability | Nigerian law does not provide a broad safe‑harbour for hosting sites that merely provide links. Courts have indicated that knowledge of infringing activity can create liability. | NetNaija’s claim of “no knowledge” is weak; the repeated presence of the same title suggests a pattern that could be interpreted as constructive knowledge. |
| Ethical Considerations | - Artists, producers, and distributors lose revenue.
- Viewers risk malware and data‑privacy breaches. | Ethical recommendation: Encourage legal streaming or purchase; educate users about the hidden costs of piracy. |
| Potential Penalties | - Civil damages: up to USD 5 million per infringement (as per recent Nigerian case law).
- Criminal liability: up to 5 years imprisonment for willful infringement. | Rights‑holders can pursue injunctions and damages; NetNaija could be forced to shut down or pay substantial settlements. |
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