The Need to Imbibe Fair Use Doctrine on Illustrations among Graphic Artists in Nigeria

Abstract

This study in it’s opinion looks at the Nigerian graphic artists and their copies attitude of illustrations, downloaded from the internet or copied from magazines. Which come in total disregard to the doctrines of fair use. Fair use tries in its entirety to strike appropriate balance between authors and publishers on one hand and users and consumers at the other. Fair use considers four weighing balance, which are, nature of these use, nature of the work, extent of use and its economic effect. These the Nigerian graphic artist does not consider. This inconsideration may be coming from uncertainties of the artists, publishers, and users on criticisms of the fair use doctrine, that fair use was amouphous vague and difficult to apply. The intellectual property of the first author must not be taken for granted, this spells out originality. However, the dual-grant theory as proposed by Bell and Pernhomysky, (2016), see’s the limitation of the author and the limitless users, the public; that the author must be encouraged to do more, by profiting in his work, and there should efficient use of work by users. They write that as more rights are given to users, the more it curbs the right of authors. By simple observation it has been noticed that most Nigerian graphic artist do not care about the authors and therefore, we find copied illustration on posters, flex banners and sometimes on billboards on streets in Nigeria. This must be brought to note and policy makers should take steps to avert this copious attitude that might lead to litigations. From these submissions, it was recommended that teachers should insist on where or how illustrations are generated, copied illustration must be acknowledge and seminars, workshops must organized for all lecturers and graphic artist.