Tort of Negligence

Introduction

The Law of Tort imposes a general duty, which everyone owe’s to persons generally. The Law of Tort enable’s Claimants seek redress in courts for damages and from these cases, principles on Tort begins to evolve, under the Common Law System ( judicial precedent).

Often times before the Tort of negligence was introduced, claims for personal injury was mainly restricted to those falling within established writs and only where contractual relationship, that is privity of contract existed. Hence, the Locus Classicus case of Donoghue v Stevenson in 1932, changed this narrative. The case, succeeded in making negligence a separate and distinct tort, and liability arising from where, the Standard Duty of Care was breached by the defendant, causing harm or injury ( not limited to physical injury).

Everyday, people may at one time or another suffer damage from careless or negligent acts of other persons. Therefore, this classical case, removed the barrier or impediment of having to prove , “privity of Contract”, between the victim and tortfeasor, or bringing such a claim under established writs, or suing for negligence as part of the Tort of Trespass to Person.

However, this case opens a floodgate for different torts of negligence, as elucidated by Lord, MC Millan, he averred in this classical case;

“The categories of negligence are never closed”.

It was feared that the scope would be too broad, hence, the establishment of the Neighbourhood Principle or Proximity or reasonable foreseeability test, in limiting unnecessary claims of negligence, or usurping other areas of Tort. Thus, negligence occurred only where,

• there was a duty of care owed by defendant to the claimant;
• a breach of such duty owed;
• Such breach of duty leading to injury to the claimant.

That, is where defendants act is likely to cause harm to another, and he goes on to carry out such act, the defendant would be liable. This lead to Establishment of ” neighborhood Principle” in donoghue v stevenson.

Nevertheless, it is interesting to note that new cases are still on the increase, due to evolution in socialization, industrialization mechanisms in the society in tandem with Mc Millan’s dictum; “the categories of negligence are never closed”.

This work examines the statement of Lord MC Millan, in the light of judicial and juristic authorities. It does this by examining the Concept of Negligence, the Legal Elements of Negligence; the case of Donoghue v Stevenson and its Significance, the Different Categories of duty of care, Evaluation of dictum of Lord MC Millan in light of the meaning of that dictum, Role of the Courts in expanding the Categories of Negligence, Factors that influence new categories of negligence, and others.

The Concept of the Tort of Negligence

In order to examine and discuss the dictum of Lord Mc Millan, it becomes imperative to understand what negligence entails.

The Tort of Negligence was developed to remedy those acts or omissions, not necessarily intentional which may have occurred without any form of fiduciary relationship. The Tort of Negligence is a very Dynamic, pulsating and scintillating area of Law of Tort. It is the commonest tort. The Tort of Negligence evolved from the period of industrial revolution in the 19th century, during which workers suffered consistent harm during the course of their work in the factories.

What then is Negligence?

In Odinika v Moghalu, per Justice Apata ;

“Generally, negligence is an omission or failure to do something which a reasonable and prudent man under similar circumstances would do, or the doing of something which a reasonable and prudent man would not do”

In Rabiu Hamza v Peter Kure, per Mohammed JSC elucidated;

“Negligence is any conduct that falls below the standard established to protect others against unreasonable risk of harm. The term denotes culpable carelessness.”

That is to say, any conduct or omission falling below the legal Standard established to protect others against that which is intentionally or want only or wilfully disregardful of other’s right. One might be tempted to ask, whether it is just any act of carelessness , recklessness, negligent, indifferent, heedless act of another that can constitute an actionable tort in negligence?

In Lochelly Iron and Coal co. Ltd v Mc Mullan, per Lord Wright, he avowed and unraveled the question above;

“In strict legal analysis, negligence means more than heedless or careless conduct, whether an omission, or commission; it properly connotes the complex concepts of duty, the breach, and damages thereby suffered by the person to whom the duty is owing”.

The Elements of Negligence.

In P.W (Nig.) Ltd v Mansel Motors Ltd;

The appellate Court averred ;

“Negligence is a tort and is completed and actionable when three conditions are satisfied, these are;

• The defendant owed a duty of care to the Claimant;
• That the duty of care was breached; and
• The Claimant suffered damages arising from the breach”.

These elements would be briefly examined drawing a leaf from the locus Classicus case of Donoghue v Stevenson*.

Duty of Care in Tort of Negligence.

The law of Tort deals generally with the duty fixed by law, owing to all persons generally. In law of Tort, a duty of care is that legal obligation which is imposed on an individual, requiring adherence to a standard of reasonable care while performing any act that could foreseeably harm others. The law of Tort of negligence following the principles in Donoghue v Stevenson, is hinged on whether or not there was a duty of care*, it is to be established before any other element is to be substantiated. Where there is no duty, there is no liability*

However, where there exists a duty of Care defendant must behave reasonably, cautiously and prudently; where he fails to do so and his act or omission causes harm, he is at his own peril.

What are the categories of Negligence?

Following Mc Millan’s dictum in Donoghue v Stevenson, we have anayzed how relevant and prominent the case was in developing a distinct tort of negligence, hinged on the Standard Duty of Care or the reasonable foreseeability test. By this neighborhood principle, Lord Atkin was able to open a floodgate of different areas or categories from which duty of Care could exist, a breach leading to liability.

However, in other to Control these cases and set a reasonable limit, where a case comes before a court, it is no longer necessary, whether it is an established one or a novel case, but what becomes necessary becomes whether , the defendant owed a duty of Care to the Claimant or if he could reasonably forsee that his act could injure his neighbor*. This becomes a viable test and has since evolved progressively.

Some duty of Care situations includes;

• Employer- Employee Relationship:

In Wilson and Clyde Coal v English* it was elucidated that an employer nunder the common law has the following duty towards his employees;

a) Dury to employ competent staff who wouldn’t jeopardize the safety of his colleagues*

b) a safe place of work*

c) a safe system of work and effective supervision

d) adequate working tools, plants, equipment and thier maintenance.

In Western Nigerian Trading Co v Ajao, an employee sustained injury when a splinter of metal flew into his eyes. The court held the employers liable, as they must provide for safety materials such as safety Googles, handgloves, in tandem with the peculiarities of the job and enjoy strict compliance.These safety equipment, and materials must not be worn out, as in Obakoro v Forex co. Inc, where employee wore tattered handgloves and sustained injuries while working. Also in walker v Northumberland cc; the court held employers have a duty to appropriate task suitable for workers, and provide assistance when necessary.

• Duty of Care for Road Users:

All persons using the road owe a duty to one another to act reasonably so as not to cause injury, harm to other road users. As in Eseigbe v Agholor , where a trailer hit the Claimants car from behind, causing serious injuries and burns, they Claimant was held liable. In bourgill v Young, Lord Mc Millan stated that ;

“Proper care connotes avoidance of excessive speed, keeping a good look out, observing traffic rules , signals and so on.”

The same Standard of Care is expected of experienced and learner drivers. According to to Lord Denning,* in Nettleship v Weston;

” This standard is an objective standard, impersonal and universally fixed, in relation to the safety of other users of the highway.

• Baile- Bailor Relationship:

A bailee who accepts goods from a bailor for safe keeping , carriage, or other purposes, owes a duty of Care to take proper care of the goods entrusted to him, whether such bailment is for a reward or gratuitous *. In Hill Station Hotel Ltd v Adeyi, the court of Appeal held, if goods belonging to a guest are stolen or lost or damaged in a hotel, the proprietor of the hotel as an inn keeper, is prima facie liable, although there exits some exceptions.

• Carriers: in Nigeria Airways Ltd v Abe, the court of Appeal held that a carrier of passengers whether by road, rail, water or air owe a duty to take reasonable care for the safety of their passengers in the course of such carriage and the liability for the breach of this duty applies to carriers equally.
• Occupiers Liability: an occupier of premises owe a duty of Care to lawful visitors to ensure the premises is reasonably safe.
• Contractors, architects owe a duty of care, to ensure building’s, roads, and other projects carried on are reasonably safe. E.g in Wells v Cooper, where there was negligence in fixing the door, this caused injuries.Also, the case of Clayton v Woodman.
• Manufacturers of products: owe a duty of care to consumers of their products, to ensure that the products manufactured are reasonably free from defects, so as not to injure the consumers. As in Osemebor v Niger Biscuits, Donoghue v Stevenson, Grant v Australian Knitting Mills etc.
• Distributors, traders and Agents must ensure they purchase and sell only reasonable and mercantible goods or products , suitable for the common purpose for which it is used for. As in Ngonadi v Nigerian Bottling company, where a defective refrigerator exploded causing injuries.
• Negligent misstatement which causes economic loss as in Hedley Bryne v Heller & Partnersltd.

These instances goes on and on , as stated by Lord Mc Millan in Donoghue v Stevenson; ” categories of Negligence are never closed”.

The Categories of Negligence are Never Closed

What this imply?

The statement above is short, but fundamental. It implies that the different situations in which negligence may occur are endless and carried. As modernization goes on and new products are invented, new relationships are developed, a new duty of care may be recognized by the law and its breach appropriately sanctioned.* In other words, the kinds of negligence are inexhaustible, and the situation within which the duty of care may arise are many and cannot be exhausted, that is it is no possible to enumerate all the situations in which a duty of care is owed to another person.

Man is dynamic, so also is the society swimming in this time of dynamism with modern developments, activities and new relationship, new situations of duty of care would continue to arise. The purview of negligence has gone beyond ‘only established rules’, as new situations arises and are litigated upon by the courts, the judges duty is to grant remedy to the Claimants, in tort of negligence where the court is satisfied that a duty of care exists. – ubi jus Ubi remedium, where there’s a legal wrong, there’s a remedy.

Hence, Donoghue v Stevenson comes very much alive in creating a modern negligence hinged on the duty of care, however, in tandem with rules to limit unnecessary cluster of claims in tort of Negligence. This is further examined in the next subheading.

Are the categories of Negligence so wide and open?

Lord Mc Millan stated that the categories of negligence are never closed, one may be tempted to ask whether this suggests that the categories are so wide to accommodate just any cases of negligence. The question of whether just any act of carelessness, recklessness, negligent, indifference, heedless act of another resulting from different relationship could amount to a tort in negligence is given a succint answer.

In Lochgelly Iron and coal v Mc Mullan, Lord Wright averred;

“In strict legal analysis, negligence means more than heedless or careless conduct, whether an omission or a commission; it properly connotes the complex duty, breach, and damages thereby suffered by the person to whom the duty is owing”.

Therefore, the locus Classicus case of Donoghue v Stevenson, sets out the criteria for determining the existence of a duty of care (neighborhood principle), proximity and foresight which acts a limitation to guard against frivolous and cluster of claims, where no duty existed. As in Edwards v West Herts Hospital Mgt. Committee, where it was held that a resident physician living in a staff hostel in the hospital cannot recover against the hospital , because the hospital owes no duty to the plaintiff to safeguard his property against theft by a third party who comes into the hostel.

Lord Atkin elucidated;

“acts or omissions which any moral code would censure cannot in a practical world…give a right to every person injured by them to demand relief. In this way rules of law arise which limit the range of complainants and the extent of their remedy”.

This erudite statement by Lord Atkin , is very succint, as he addressed the fact that while there may exist different or plethora cases on negligence, a rules of law arises to limit this, this rule becomes the “neighborhood principle”, from which standard duty of care evolved, which becomes the basis of the modern law of Tort of Negligence. Where there’s no legal duty owed,no liability arises.

…the rule that you love your neighbour became in law, you must not injure your neighbour….you must take reasonable care to avoid acts or omissions which you can reasonably forsee would be likely to injure your neighbour. Who then is my neighbor? ….persons who are closely and directly affected by my acts that I ought to reasonably to have them in contemplation as being so affected , when I am directing my mind to the act or omission which are called in question.

Therefore, in as much as Lord McMillan, no so

” However it is generally accepted in law that pulic policy that requires that a limit should be placed as to when the law Should impecede the Duty of Care and when it should not”.

Similarly, in Dorset Yatch co.ltd v Home office, Lord Denning Stated;

” It is, I think,at the bottom of matter of public policy which we as judges must resolve. This task of ‘duty’ or ‘no duty’ is simply a way of limiting the range of liability for negligence”.

Does the court have a role to play in expanding the categories of Negligence?

Having stated that the principles in law of Tort are judge made, that is from the erudite knowledge of judges in plethora cases, under the common law system. However, judges are wary of creating or expanding these categories of negligence. The judges duty as stated in Dorset Yatch co.ltd v Home office, is mainly to resolve each case on whether a duty arises or an absence of such duty in order to limit the influx or cluster of Negligence claims. It is important to note that the court does no concern itself with trivialities- Dominimis non curat lex.

In Leisbocsh Dredger v Edison Steamship, Lord Wright stated;

” The law cannot take account of e9 that follows from a wrongful act, it regards some subsequent matters as outside the scope of it’s selection, because it were infinite for the law to judge the cause of causes or consequences of consequences”.

Therefore, the judges are Keen to ensure only relevant situations or categories are developed without usurping other areas of law of Tort.

Does Lord Mc Millan’s dictum still hold water in our Nigerian Legal System?

As society develops, law too develops, along, in fact, law is one of the greatest instrument for changes and development. Certainly it is true, that denying the existence of a duty in some cases, the judge has done so on the ostensible ground that no such authority exists, but recently they have not hesitated to produce a new duty when it seemed right to do so. According to Lord Denning, ” if we never do anything which has never been done before, we shall never get anywhere”. The law will stand still while the rest of the world goes on, this will be bad…

fortunately, in some instances , the Nigerian Courts have followed and adopted some leading authorities in the development of tort of negligence in Nigeria. Although, sometimes, it is applied without modifications to suit our local exigencies.

Nevertheless, the Nigerian Courts are making tremendous progress in developing progressively on the tort of Negligence.

Factors that influence New Categories of Tort of Negligence

Some factors includes;

1. Modernization and Industrialization Mechanism: this includes an upsurge in social relationships, technical know-how, production efficiency , computer and electronic age, which creates new situations for duty of care to arise. Examples are Software programs, as in Rubicon computers Ltd v United paints, Data privacy, etc.
2. The Dynamism of Human Society: man is dynamic and subject to changes. Law is created for man, therefore as man evolved alongside societal elements, the need for emerging areas requiring legal protection and Regulations sets in.
3. Preservation of Life: the law imposes a duty on professionals or alleged professionals to behave and carry out professional services in the most reasonable and prudent manner peculiar to such profession. Little Wonder, the medical and health practices are strictly regulated as any careless could lead to death. Occupiers Liability, negligent misstatement, all these serve to preeeve lifes, property of citizenship from unreasonable risk of harm.
4. Regulation of human conducts, services, and products: areas such as manufacturing, production, sale( whether reataling or wholesaling), to ensure these novel areas are regulated to prevent defects and unreasonable risk to consumers as in Donoghue v Stevenson, Grant vAusta, etc.

Conclusion

Indeed, judges are endowed with reasoning prowess. Dictums from over centuries are still relevant today. Indeed, the Categories of Negligence are never closed, new situations would always arise, nevertheless, the classical case of Donoghue v Stevenson have set a bench mark to limit any cluster of liability in negligence claims.

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International Humanitarian Law

INTRODUCTION

The history of International Humanitarian Law (hereinafter referred to as “IHL”), dates back to the year 1859, specifically the 24^th of June with the headline, “The Battle of Solferino”. On that day to be remembered forever, the bloody struggle for Italian unification came to an end when the armies of France and Piedmont-Sardinia defeated Austrian forces at Solferino in northern Italy. The evolution of contemporary humanitarianism was fundamentally influenced by this historical moment.

One would wonder how the advent of humanitarianism could result from a conflict that left over 6,000 people dead and 40,000 injured. We can only respond to this issue by examining the specifics of what transpired during that conflict.

The Battle of Solferino

The Battle of Solferino was a struggle for Italian Unification. Napoleon III, the Emperor of France, led an alliance with the Sardinians against the Austrian forces in this battle. According to historians, at least 230,000 soldiers from the Franco-Sardinian and Austrian armies fought on the battlefield along a 15-kilometre frontline. It was a bloody battle that went on for more than 12 hours.

Following the battle, the French and Sardinian soldiers’ medical services were overwhelmed. There were reports of wounded and dying soldiers on both sides. There was a shortage of food and water supply, and transportation for the wounded was practically non-existent. There was no protection or treatment for the civilians and all who had suffered injuries from this battle. This horrific state led to the question of how human suffering could be limited and prevented in times of armed conflict.

This question was answered by Henry Dunant, a Swiss Businessman, who had witnessed the aftermath of the battle. He realized that there was a need for international rules which would limit the effects of war on people and property, and protect certain particularly vulnerable groups of persons. He then pushed for the creation of a neutral and impartial organization to protect and assist the wounded. This Organization is what we have come to know as the International Committee of the Red Cross (hereinafter referred to as the “ICRC”).

The ICRC quickly began its work in 1864 with a diplomatic conference, organized by the Swiss government, at the prompting of the five founding members of the ICRC. It was at this conference that the 16 states in attendance adopted the Convention for the Amelioration of the Condition of the Wounded in Armies in the Field. This was the birth of modern IHL.

Having succinctly discussed the historical development of IHL, we would now delve into the primary focus of this article. At the end of this article, the reader would understand the concept of IHL, the principles of IHL and why IHL was created.

What is IHL?

To begin with, it is important to note that IHL is a branch of International Law, the body of regulations that governs interactions between States. International law is contained in agreements between States; treaties or conventions; customary rules, which consist of State practise considered by them as legally binding, and general principles.

Moving further, IHL is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. IHL is also known as the law of war or the law of armed conflict.

Legal Framework of IHL

The birth of contemporary IHL initially developed through the Law of Geneva; which protects the victims of armed conflicts such as military personnel and civilians who are not or no longer participating in hostilities, and the Law of Hague which regulates the conduct of hostilities and limits means and methods of warfare.

The inadequacies of these legal instruments were later revealed during World War II when it was discovered that nearly every letter of the Hague agreement had been broken. In this war, Civilians and Military Personnel were killed in equal numbers. Thereafter, the international community adopted a new instrument and revised existing conventions in response to the high rates of civilian casualties and the catastrophic effects the war had on people. This led to the adoption of the Geneva Conventions of 1949 still in force today.

The ICRC also pushed for additional protocols to the Geneva Convention, and this led to the adoption of additional protocols 1-4, two of which were adopted in 1977.

When Does IHL Apply?

There are specific situations and scenarios in which IHL would apply. IHL applies only to situations of armed conflict and to all actors in an armed conflict. IHL does not apply to situations of violence not reaching the threshold of armed conflict; cases of this type are governed by the provisions of human rights law and domestic regulation.

These situations have been classified into two. Namely:

• International Armed Conflict; and
• Non-International Armed Conflict

International armed conflict occurs every time there is a resort to armed force between two or more countries. While, Non- international armed conflict exists when there is protracted armed violence between government forces and organised armed groups or between such groups within a country.

Principles of IHL

IHL has certain fundamental principles guiding its application during Armed Conflict. The Principles of the IHL include but are not limited to:

1. Distinction: According to this principle, parties to an armed conflict must always distinguish between civilians and combatants, as well as between civilian objects and military objectives, and only direct their actions against these targets. IHL justifies this distinction by stating that during armed conflicts, only combatants and military objectives may be targeted.
2. Proportionality: the principle of proportionality seeks to minimise the harm caused by military operations by mandating that the results of the means and techniques of war employed must not be disproportionate to the military advantage sought.
3. Precaution: This principle simply emphasizes the need to take care in military operations to limit the effect of armed conflict on civilians and civilian objects. It emphasizes that all feasible precautions must be taken to avoid, and in any event to minimize, incidental loss of civilian life, injury to civilians and damage to civilian objects.

Why Do We Need IHL?

IHL is one of the most powerful tools the international community has at its disposal to ensure the safety and dignity of people in times of war. The main objectives of IHL include:

1. To limit the suffering caused by warfare and to alleviate its effects.
2. To protect the sick, wounded, shipwrecked, prisoners of war and people who are deprived of their liberty.
3. To ensure special protections for vulnerable people, including foreign nationals in the power of a party to the conflict, civilian internees, and women and children.
4. To preserve a measure of humanity amidst conflict, with the guiding principle that even in war there are limits.

Rules Of IHL

IHL rules are the result of a delicate balance between the exigencies of warfare (” military necessity ” ) on the one hand and the laws of humanity on the other. These rules are as follows:

1. Persons who are hors de combat (outside of combat), and those who are not taking part in hostilities or situations of armed conflict (e.g., neutral nationals), shall be protected in all circumstances.
2. The wounded and the sick shall be cared for and protected by the party which has them in its power.
3. The emblem of the “Red Cross”, or of the “Red Crescent,” shall be required to be respected as a sign of protection.
4. Captured persons must be protected against acts of violence and reprisals. They shall have the right to correspond with their families and to receive relief.
5. No one shall be subjected to torture or cruel inhuman or degrading treatment or punishment.
6. Parties to a conflict do not have an unlimited choice of methods and means of warfare.
7. Parties to a conflict shall at all times distinguish between combatants and non-combatants.
8. Attacks shall be directed solely against legitimate military targets .

Conclusion

Conclusively, IHL recognizes the fact that outbreaks of wars cannot always be prevented. It is also expected that harm, destruction, and death can be lawful during armed conflict. However, IHL has such principles in place in order to preserve humanity and mitigate destruction which occurs amid warfare. The principles and rules of IHL are imperative to ensure that lives are not wasted.

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REFERENCES

1. 1949 Geneva Convention (I) For The Amelioration Of The Condition Of The Wounded And Sick In Armed Forces In The Field | Centre For International Law’ (Web.archive.org) <https://web.archive.org/web/20140221161712/http://cil.nus.edu.sg/1949/1949-geneva-convention-i-for-the-amelioration-of-the-condition-of-the-wounded-and-sick-in-armed-forces-in-the-field/> accessed 9 September 2021
2. Help H, and Law I, ‘What Is International Humanitarian Law? – Canadian Red Cross’ (Red Cross Canada, 2022) <https://www.redcross.ca/how-we-help/international-humanitarian-law/what-is-international-humanitarian-law> accessed 9 September 2021
3. ‘International Committee Of The Red Cross’ (International Committee of the Red Cross, 2022) <http://www.icrc.org/web/eng/siteeng0.nsf/html/p0365> accessed 9 September 2021
4. ‘Solferino And The International Committee Of The Red Cross’ (ICRC.org, 2022) <https://www.icrc.org/en/doc/resources/documents/feature/2010/solferino-feature-240609.htm&usg=AOvVaw0y3ddS-D0kKxG-mXJtIbWs> accessed 16 September 2021
5. ‘What Is IHL’ (Icrc.org) <https://www.icrc.org/en/doc/assets/files/other/what_is_ihl.pdf&ved=2ahUKEwj6v6-> accessed 10 September 2021
6. ‘International Humanitarian Law’ (Wikipedia.org) <html49%en.wikipedia.org/wiki/International_humanitarian_law40%> accessed 9 September 2021
7. ‘Basics of International Humanitarian Law’ (reliefweb.int) <reliefweb.int/report/world/basics-international-hu…an-law-december-201717%brainly.in/question/1413851510%> accessed 10 September 2021

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Legal Implications of Copyright Infringement

ABSTRACT

Creativity is at the core of human existence. It is a way of life that values originality and embraces innovation. As an important aspect of life, people are constantly coming up with fresh concepts, imaginative writing, artistic creations, and other forms of imaginative expression.

What happens when these works get stolen by those who haven’t put any effort into the creation of those works? Is there any legal protection available to these authors and to their works? This article will provide an answer to these questions.

By the end of this article, the reader would understand the meaning of Copyright and its statutory provisions, the concept of Copyright Infringement and the remedies available for Copyright Infringement.

Introduction

These fresh concepts, writings, artistic creations are regarded as Intellectual Property which pertains to any original creation of the human intellect. Copyright is a branch of Intellectual Property which affords the Creative exclusive rights over their literary, musical or artistic work to prevent unauthorized or unaccredited use of their work and preserve the value of those works.

Legal Framework of Copyright in Nigeria

To begin, it is necessary to clearly define Copyright before examining the legal framework of Copyright in Nigeria.

Copyright is defined by the 10^th edition of the Black’s Law Dictionary at Page 411, as a property right in an original work of authorship (including literary, musical, dramatic, choreographic, pictorial, graphic, sculptural, and architectural works; motion pictures and other audio-visual works; and sound recordings) fixed in any tangible medium of expression, giving the holder exclusive right to reproduce, adapt, distribute, perform, and display the work.

The principal legislation regulating Copyright in Nigeria is the Nigerian Copyright Act of 1988 (hereinafter referred to as ‘the Copyright Act’). The Copyright Act established the Nigerian Copyright Commission (hereinafter referred to as ‘the NCC’) as an independent regulatory authority responsible for the administration of Copyright in Nigeria¹.

The aforementioned leads us to the logical conclusion that copyright is significant and has legal backing in Nigeria.

Additionally, copyright protection is acknowledged internationally. Article 27 of the Universal Declaration of Human Rights provides that “Everyone has a right to the protection of the moral and material interests resulting from scientific, literary or artistic production of which he is the author.”

How Does Copyright Work?

The copyright of a work is vested in the author². In the case of joint authorship, where the contribution of one author is inseparable from that of another, both or all authors involved shall be co-owners of the copyright. However, in the case of a work by an employee made as commissioned in the course of their employment, the copyright shall belong to the proprietor, unless otherwise provided by an agreement.

Additionally, it is common knowledge that excessive freedom gives room for abuse. As much as it is necessary to preserve and protect the works of people, it is also necessary to state the situations in which Copyright is made available to Authors/Creatives.

Copyright begins when an author places his or her work in material form, such as when a writer places the work on a piece of paper, a painter puts paint on a canvas, or a composer records a musical work on tape. There is no copyright in an idea. If the idea, however brilliant and however clever it may be, is nothing more than an idea, and is not put into any form of words, or any form of expression such as s picture or a play, then there is no such thing as copyright at all³.

However, not every work is eligible for Copyright. Section 1, 26 and 31 of the Copyright Act provides for the works that are eligible for Copyright as follows:

1. Literary works;
2. Musical works;
3. Artistic works;
4. Cinematography works;
5. Sound recording;
6. Broadcasts;
7. Performer rights; and
8. Expression of Folklore

Registration Of Copyright

In Nigeria, any work eligible for Copyright right is protected without any formalities or requirement of registration, provided that the work has fulfilled the requirements of originality fixation and a definite medium of expression⁴. However, a copyright owner may voluntarily register and deposit his work at the Nigerian Copyright Commission (NCC) under its copyright notification scheme.

The duration of Copyright for the eligible works is stated under the First Schedule to the Copyright Act. For literary, musical and artistic works, copyright subsist from when the work is made still seventy (70) years after the end of the year in which the author(s) dies. For cinematography films, photographs, and sound recordings, copyright shall subsist from when the work was made till fifty (50) years after the end of the year in which it was first published. Finally, copyright shall subsist in a broadcast still after fifty (50) years after the end of the year in which the broadcast first took place.

Copyright Infringement

Copyright Infringement is defined by the 10^th edition of the Black’s law dictionary at Page 901 as the act of violating any of a copyright owner’s exclusive rights. Any unauthorized use of a work protected by a copyright, whether through reproduction, distribution, mutilation, or public performance, constitutes a Copyright Infringement Section 15 of the Copyright act provides specifically for instances where Copyright Infringement occur⁵.

Action/ Remedies for Copyright Infringement

The Copyright Act provides that an action for infringement of Copyright should be instituted at the Federal High Court exercising jurisdiction in the place where the infringement occurred.

It should be noted that where in any action for infringement, it is proved that an infringement was committed, but at the time of the infringement, the defendant was not aware, and had no reasonable grounds for suspecting that the copyright existed in the work to which the action relates, the plaintiff will not be entitled to any damages against the defendant in respect of the infringement, but shall be entitled to an action of profits in respect of the infringement, whether or not any other relief is granted⁶. However, it is incumbent on anyone who proposes to make use of any artistic work which might infringe copyright, if it subsisted in the work, to make such inquiries and investigation as he reasonably can to satisfy himself that the work is free of copyright⁷.

Ultimately, where a case of Copyright Infringement has been established the remedies available can be civil or criminal; or both.

• Civil Remedies

A person whose copyright has been infringed can initiate a civil action at the Federal High Court⁸. Where such action is successful, the court can award: an award of damages; orders of injunction; or order for account. Additionally, the copyright owner will be entitled to all copies of the infringing materials the court may find⁹.

• Criminal Liability

Section 20 of the Copyright Act provides for the three categories of criminal liability for copyright infringement. In this case, the onus of proof of innocence is cast on the accused person. Section 30(1) of the Copyright act provides for the punishment of a fine or imprisonment to any person found guilty of Copyright Infringement.

Notably, a civil and criminal action may run simultaneously on the same fact of infringement, and the criminal action may subsist even if the parties had settled the civil claim.

Conclusion

There are numerous laws in place to protect copyright owners against infringement. However, the government and non-governmental organizations/bodies must actively counteract this crime by enforcing strict adherence to the law and working hard to protect the rights of copyright owners.

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REFERENCES

1. Dugeri M, Entertainment Law in Nigeria (Adcore Consulting 2021) 40

2. Omaplex, “THE CONCEPT OF COPYRIGHT INFRINGEMENT AND REMEDIES AVAILABLE – Omaplex Law Firm” (Omaplex Law Firm, July 1, 2020) <https://omaplex.com.ng/the-concept-of-copyright-infringement-and-remedies-available/> accessed October 2022
3. “Identification And Proof Of Copyright Infringement In Copyrighted Works – Copyright – Nigeria” (June 24, 2021) <https://www.mondaq.com/nigeria/copyright/1084288/identification-and-proof-of-copyright-infringement-in-copyrighted-works> accessed October 2022
4. “An Introduction to Copyright Protection in Nigeria – Inioluwa Olaposi – LawGlobal Hub” (LawGlobal Hub, June 5, 2022) <https://www.lawglobalhub.com/copyright-protection-in-nigeria/> accessed October 2022
5. “Legal Remedies for Copyright Infringement in Nigeria – Lexology” (Lexology) <https://www.lexology.com/library/detail.aspx?g=ffc42333-ac14-4fd8-8c08-a05a9ffc4c4e#:~:text=A%20Copyright%20is%20infringed%20where,the%20owner%20of%20the%20copyright.> accessed October 2022
6. Chioma U, “Copyright Infringement: An Overview Of Music Plagiarism In Nigeria – TheNigeriaLawyer” (TheNigeriaLawyer, March 20, 2022) <https://thenigerialawyer.com/copyright-infringement-an-overview-of-music-plagiarism-in-nigeria/> accessed October 2022

1Section 34(1) of the Copyright Act.

2Section 10(1) of the Copyright Act.

3 See DONOGHUE V. ALLIED NEWSPAPERS LTD (1937) 3 ALL ER 503

4Section 1(2) of the Copyright Act.

5See DIGITAL COMMUNICATION NETWORK (NIG) LTD V. NCC (2013) LPELR- 20797 (CA)

6Section 29(2) of the Copyright act.

7See Infabrics LTD v. Jaytex LTD (1980) 2 All ER 669.

8Section 24 of the Copyright Act

9Section 16 and 18 of the Copyright Act

---

About Author

Role Of The Nigerian Lawyer In The Metaverse

ABSTRACT

Technology, instead of diminishing the legal profession, actually reinforces it and makes lawyers more germane amid expeditiously changing times. The impact of technology on the legal world is indisputable, especially given the context of the Metaverse.

The metaverse which is considered the next horizon of a digitalized world is the conglomeration of cyberspace and physical reality. It aims to give a far more immersive experience to individuals through an alternative reality that may soon become integrated with their everyday lives just like the internet.

Although the Metaverse is still constantly being developed, it is predicted that the Metaverse could accommodate nearly every kind of lawful or unlawful human activity and as a result, give rise to the emergence of an array of novel legal issues that will need to be addressed by lawyers. It is pertinent to note that Nigerian lawyers are not exempted from this call of duty as the Metaverse will impact the Nigerian legal space. It becomes important for Nigerian lawyers to understand the whole concept of the Metaverse and their roles in the Metaverse to enable them to address these legal issues whenever they arise.

Keywords: Metaverse, Non-fungible token (NFT), Smart Contract, Block-Chain, Avatar, Technology, Augmented Reality (AR), Virtual Reality, Mixed Reality, Nigerian Lawyer

Definition of words

Non-Fungible Token (NFT)

Non-fungible tokens often referred to as NFTs, are blockchain-based tokens that each represent a unique asset like a piece of art, digital content, or media¹. An NFT can be thought of as an irrevocable digital certificate of ownership and authenticity for a given asset, whether digital or physical²

Smart Contract

Smart contracts are simply programs stored on a blockchain that run when predetermined conditions are met³. They typically are used to automate the execution of an agreement so that all participants can be immediately certain of the outcome, without any intermediary’s involvement or time loss⁴.

Block Chain

A blockchain is a digital ledger or database where encrypted blocks of digital asset data are stored and chained together, forming a chronological single-source-of-truth for the data⁵.

Avatar

According to the Cambridge dictionary, an avatar is an image that represents one in online games, chat rooms, e.t.c and that one can move around the screen.

Introduction

The Metaverse is an emerging cyberspace realm where people and entities (and various forms of algorithms and artificial intelligence) will interact , engage in games , sports, and entertainment , buy and sell “real world” and “in the Metaverse” goods and services, and otherwise get into legal disputes just like IRL (in Real Life) persons and entities⁶. As the Metaverse evolves and expands, so too will the number of legal and regulatory issues which will arise that lawyers must help their clients navigate⁷. A profound understanding of the concept of the Metaverse and the role of lawyers in the Metaverse will enable lawyers with reference to Nigerian lawyers, to properly address these legal and regulatory issues.

This essay focuses on the Conceptual analysis of the Metaverse and how it works, Possible legal issues that may arise in the Metaverse and the Role of a Nigerian lawyer in the Metaverse.

What is the Metaverse and How Does It Work?

The term “Metaverse”, a combination of the prefix “meta” ( beyond) and “universe”, is commonly used to describe communal and interactive cyberspace where content , commerce and networking exist with increasing permeability to the real world⁸.

Metaverse was created in 1992 by Neal Stephenson and is based on blockchain technology, using digital assets called “Smart Contracts”⁹. These Smart Contracts are stored on the blockchain and can be used in other virtual worlds and the real world¹⁰.

It is a shared virtual-reality space where people can interact with the digital world and engage with one another through custom avatars¹¹.As Matthew Ball, the former head of content at Amazon, stated, “The metaverse is a persistent, synchronous and live universe that spans both the digital and physical worlds with total inclusion”.¹² As a result, users can buy and sell products, assets and real estate using cryptocurrency, attend various events and business meetings, play games, and socialize with others just like in the physical world¹³. What makes transactions carried out on Metaverse more real is the fact that ownership of a 100% virtual good can be proven and has authority via code on an immutable ledger¹⁴. In simpler words, a person is able to purchase land, a house, a car, or any other assets using a Non-Fungible Token (NFT) on a virtual platform and prove them to be their own¹⁵.

While the metaverse can take numerous forms, Presence and Interoperability are two fundamental features¹⁶. The first and most important factor is Presence, which refers to the sensation of actually being in a virtual world with others¹⁷. Decades of research have demonstrated that having a sense of embodiment — which may be obtained with virtual reality technologies like head-mounted displays, increases the quality of online interactions.¹⁸

Second, interoperability refers to the capacity to move freely across virtual places while using the same virtual assets, such as avatars and digital objects¹⁹. For example, ReadyPlayerMe allows users to build an avatar that they can utilize in a variety of virtual worlds, including Zoom meetings via apps like Animaze²⁰. At the same time, blockchain-based technologies like cryptocurrencies and non-fungible tokens can make it easier to move digital assets across virtual borders²¹.

The Metaverse has three (3) dimensions; Virtual Reality (VR), Augmented Reality (AR) and Mixed Reality (MR). For VR, one is transported into the virtual space via hardware devices like the VR headset²². In AR, the virtual space or content is projected into one’s physical environment. It overlays visual elements, sounds and other sensory input into real world settings to enhance the user experience while XR is a combination of both²³.

It is pertinent to note that the Metaverse and the internet do not mean the same thing. The Metaverse is not the same as the internet neither does it compete with it—it builds on it²⁴. In the Metaverse, users traverse a virtual world that mimics aspects of the physical world using technologies such as virtual reality (VR), AR, AI, social media and digital currencies while the internet is a worldwide system of computer networks²⁵.

What Legal Issues May Arise in the Metaverse?

As with any groundbreaking technological development, the Metaverse will raise novel and complex legal issues²⁶. As the practical applications of the Metaverse continue to broaden and evolve with improvements in technology, so too will the legal and regulatory challenges²⁷. It must be noted that the metaverse as it stands is currently under-regulated, which could pose a problem for clients if they want to start investing in the companies that are running it and the digital assets it produces²⁸.

Any Nigerian lawyer looking to participate in Metaverse should consider the laws in the following areas and determine possible regulatory parameters instead of waiting for these issues to emerge before doing so;

Intellectual Property Rights (IP)

Intellectual property law preserves the right of creators against their inventions, trademarks, or other creations²⁹. The use of virtual images and virtual performances may lead to concerns over the use of image rights and copyright, and dealing with different approaches in different jurisdictions³⁰.

An important aspect of the virtual landscape that a Nigerian lawyer should take cognizance of as it relates to Intellectual Property is Trademark. A trademark is a word, phrase, slogan, design, or logo that acts as a source indicator for goods or services.³¹ Trademark law protects against unauthorized third-party use of a trademark, in a way that would lead a reasonable consumer to believe that the trademark owner was either the source of the goods/services, endorsed, or sponsored such goods/services, or in a way that would dilute the trademark³². While mixed and augmented reality has allowed brands to reach out to developing new industries and consumer base, it has also generated challenges for trademark owners and users, particularly in the gaming industry.³³

Brands have filed trademark dilution and infringement cases involving metaverse goods and services³⁴. For example, Hermes sued Mason Rothschild for trademark infringement for his creation and sale of “Metabirkins,” NFTs attached to digital images depicting bags resembling Hermes’ Birkin bags³⁵. The case is still pending in the Southern District of New York³⁶.

Among the questions a Nigerian lawyer should endeavour to seek an answer to is , “Can a company take legal action against users who infringe their intellectual property rights in the metaverse?³⁷ A Nigerian lawyer will need to assist in identifying IP rights that will be appropriate in the Metaverse and ensure appropriate consents and licenses are put in place.

In the same vein, it is suggested that a Nigerian lawyer venturing into the metaverse should also take cognizance of copyright risks and patent risks. A copyright is a legal protection given to the creators or originators of creative expressions, whether they are literary, musical, artistic, or cinematographic works, or adaptations of any of these works³⁸. It gives the creator of the work an exclusive and assignable right, that while exclusive to the author, is subject to the recognized legal rights of others³⁹. It is not enough for an idea or concept to be created in the mind of the creator; it must also be expressed or fixed in some media, such as paper, diskettes, flash drives, CD-Rom, VCD, DVD, and so on, in order to be protected⁴⁰.

A patent is a government authority or licence conferring an exclusive right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention in the country it is obtained without permission or consent during the lifespan of the patent⁴¹. Patent use in the metaverse, like other intellectual property, presents both opportunities and risks.⁴²

Data Security and Privacy

Digital security and privacy will be among the most significant legal issues facing platform owners⁴³. It is pertinent to note that data in the metaverse will become exponentially more valuable than it already is, and technologies will become increasingly integrated into multiple aspects of users’ lives⁴⁴. This developing technology will stress-test existing laws and put even greater pressure on regulators to match the sophistication of the technology⁴⁵.

Most countries in the European Union (EU) are benefitting from relatively effective, though rather restricting data privacy laws and regulations⁴⁶. Unfortunately, Nigeria is still lagging. That said, the metaverse environment has no national or geographic boundaries⁴⁷. Users from Nigeria and certain countries may not be as protected as the countries in the European Union (EU)⁴⁸. How will the companies in the Metaverse communicate these differences? How will they deal with international law and regulations? ⁴⁹ . This must be critically examined.

Behaviour in the metaverse can reveal extensive information about people’s interests, behaviours, and even biometric data that otherwise would not be available⁵⁰. This raises concerns about what data companies can collect, who owns it and how it can be used⁵¹. Existing privacy and consumer protection laws may not adequately address these issues and data collection in the metaverse raises jurisdictional questions that make it difficult to know which data protection laws apply⁵². A Nigerian lawyer who wants to venture into Metaverse will need to reevaluate consent and data protection mechanisms to minimize risks associated with improper data collection of his prospective clients.

Criminal Law

There have already been allegations of criminal acts in the metaverse, including crimes associated with the physical body such as sexual harassment, assault and even rape, among others⁵³. Meta (formerly known as Facebook) responded by adding a safety feature to its Horizons World metaverse that prevents an avatar from coming within a certain proximity of another’s avatar⁵⁴.

The metaverse environment will extrapolate the issues and challenges that exist in real life. As a result, crimes such as impersonation, obtaining by false pretences, cyberbullying and other cyber crimes are likely to ensue. It is probable that the greater human interaction in the metaverse will lead to crimes, requiring a redefinition of some crimes and new ideas about the prosecution of metaverse criminal activity⁵⁵.

Insurance and Contractual Agreements

Due to the complex and novel issues that may arise in these areas, it is suggested these areas be scrutinized. For instance: “Can avatars enter a legally binding contract?” “Can an avatar be insured?” “Can the real person be held responsible for the actions of their avatar?”⁵⁶ “How will contracts be designed and executed?”⁵⁷. Lawyers will need to start thinking of possible answers to these questions instead waiting for these issues to emerge before proffering solutions to them.

The Role of a Nigerian Lawyer in the Metaverse

The Metaverse is an exciting space that presents many business opportunities and a fundamental shift in the economy⁵⁸. But it also poses a challenge for lawyers in that one can not necessarily apply traditional methods of legal thinking, frameworks and regulations that have existed for hundreds of years in this new environment⁵⁹. In line with this, a Nigerian lawyer venturing into the metaverse is required to be “forward-looking” with the sole responsibility of mitigating and guarding against potential liabilities and risks of his clients within the metaverse platform.

As novel legal, regulatory and technical problems emerge within the metaverse, lawyers are responsible for figuring out how existing regulations will apply to the platform and ensuring that developers, tech companies, and avatars work within the ecosystem and prioritize privacy in products⁶⁰. A Nigerian lawyer needs to be able to understand these technologies and anticipate the potential problems their clients may have and help to implement mitigation strategies.

A Nigerian lawyer venturing into the metaverse may need to figure out potential employment issues within the metaverse. It is unclear how employment law would work within the metaverse⁶¹. For instance, “could avatars have distinct employment rights?”⁶² Having a good business and technical understanding of the product or activity operating within the metaverse is a starting point to understanding how to analyze and understand the legal issues flowing from the metaverse.⁶³

The Metaverse will extrapolate all the problems, issues, benefits, and challenges we have currently in real life⁶⁴. The exact complexities of the metaverse are unforeseeable, but having the growth mindset as a lawyer and not a very outdated perspective on legal issues, risks and limitations are crucial⁶⁵.

The role of a Nigerian lawyer—mitigating and guarding against potential liabilities and risks cuts across but is not limited to the following;

• Proffering legal advice to companies that want to purchase digital real estate assets on Decentraland or develop their digital branding presence⁶⁶.
• Drafting of contractual agreements and “Smart contracts” between parties.
• Determination of which jurisdiction or country’s law applies to a client’s activity on metaverse.
• Helping clients to capitalize on opportunities in the Metaverse.
• Protection and enforcement of the Intellectual Property rights of clients.
• Institution of defamation lawsuits and other lawsuits for clients.
• Keeping a close tab on the client’s account(s) on metaverse through user activity monitoring software to prevent fraudulent activities on the account(s)⁶⁷.
• Mediation of disputes between parties
• Exercise due diligence on virtual land or business purchases in the Metaverse.

Conclusion

The unfolding of the metaverse will bring along with it several business opportunities and novel legal issues bordering on Intellectual property rights, Data Security and Privacy, among others. As these novel legal and regulatory problems emerge within the metaverse, lawyers are responsible for figuring out how existing laws and regulations will apply to the platform⁶⁸. In February this year, ArentFox Schiff announced that it had become the first major US law firm to “join the Metaverse” by acquiring a land site in Decentraland, a fact that underscored how seriously lawyers are taking one of the latest technology trends⁶⁹.

While the metaverse holds great promise for merchants and investors alike, without a system for design, promulgation, and enforcement of rules, it could be dangerous⁷⁰. Critical scrutiny of the Nigerian legal system reveals that applying the various existing provisions of the law under the Nigerian legal system in the Metaverse environment could be frustrating.

For instance, Sections 1 and 2 of the Land Use Act 1978 vest ownership, administration and control of all lands in a state on the Governor of the state with no provision for Virtual lands or its ownership⁷¹. Also, none of the laws in Nigeria makes any provision(s) for Avatar because this reality had not been contemplated at the time of drafting the various laws in operation today. Thus, how can a Nigerian lawyer determine how an avatar may be made liable for action in the metaverse when there are no corresponding laws dealing with that and what court has the jurisdiction over disputes that may ensue in the metaverse? There is an urgent need for regulators to be abreast with the reality of virtual real estate, and other issues and enact relevant laws to govern them.⁷²

Also, The Labour Act 2004 makes no provision for the digital world of work as it exists in the metaverse⁷³. There is therefore a need for such situations to be contemplated and necessary reviews made to fit the reality of today’s digital world of work⁷⁴.

If the metaverse will deliver on the promises of the benefits it proffers , a commensurate apt legal response to the possible novel legal issues is required⁷⁵ to enable lawyers effectively tackle them whenever they arise.

Recommendation

To enable Nigerian lawyers effectively accomplish their roles and responsibilities within the Metaverse whenever the need arises, the following are recommended;

• Laws and Regulations should be enacted to combat possible novel legal issues that may emerge within the metaverse. Existing laws and regulations should also be amended to accommodate these possible legal issues. For instance, The Nigerian Data Protection Bill 2020 and other germane data and privacy regulations should be amended. Applying old provisions of the law to new technology like the Metaverse can be likened to trying to put a square peg into a round hole.
• The government should properly monitor and regulate the sale and ownership of virtual real estate in the metaverse⁷⁶.
• Legal professionals in Nigeria need to adapt to offer a broader range of expertise to clients. The way to do this is to redefine the services that they offer by applying legal knowledge within modern contexts and advancing their technological abilities.⁷⁷
• Laudable Investments in research and formulation of effective policies by the Government
• Sensitization and education of Lawyers and Law students on what the Metaverse is and the role of a lawyer in the metaverse. This is important as this will help them to understand, prepare and anticipate potential problems that may emerge within the metaverse and proffer solutions to them.
• Lawyers and law students should have a good understanding of Technology law {Tech law).

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4 :”What are Smart Contracts on Blockchain?”. Retrieved from https://www.ibm.com/topics/smart-contracts

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7 Tom.k. Ara, Mark F. Radcliffe, Michael Fluhr, Katherine Imp , “Exploring the Metaverse: What laws will apply?” (2022). https://www.dlapiper.com/en/us/insights/publications/2022/06/exploring-the-metaverse-ipt-news-june-2022/

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11Jovan, “What is the Metaverse, and How Does it Work?” . https://kommandotech.com/guides/what-is-metaverse/

12 Louis Lehot, “Looking in the Future of a Legal Metaverse.” (2021)

13 Jovan, “What is the Metaverse, and How Does it Work? “ (2021). Retrieved from https://kommandotech.com/guides/what-is-metaverse/

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16 Oyetola Muyiwa Atoyebi, SAN, FCIArb, “What is the Metaverse? Coming to Terms With Its Legal Implications” (2022). Retrieved from https://thelawyer.ng/what-is-the-metaverse-coming-to-terms-with-its-legal-implications/

17 “Oyetola Muyiwa Atoyebi, SAN, FCIArb, “What is the Metaverse? Coming to Terms With Its Legal Implications. (2022) . Retrieved from https://thelawyer.ng/what-is-the-metaverse-coming-to-terms-with-its-legal-implications/

18 Oyetola Muyiwa Atoyebi, SAN, FCIArb, “What is the Metaverse? Coming to Terms With Its Legal Implications. (2022). Retrieved from https://thelawyer.ng/what-is-the-metaverse-coming-to-terms-with-its-legal-implications/

19 Oyetola Muyiwa Atoyebi, SAN, FCIArb, “What is the Metaverse? Coming to Terms With Its Legal Implications. (2022) . Retrieved from https://thelawyer.ng/what-is-the-metaverse-coming-to-terms-with-its-legal-implications/

20 Oyetola Muyiwa Atoyebi, SAN, FCIArb, “What is the Metaverse? Coming to Terms With Its Legal Implications. (2022). Retrieved from https://thelawyer.ng/what-is-the-metaverse-coming-to-terms-with-its-legal-implications/

21 “ What is the Metaverse? Coming to Terms With Its Legal Implications. (2022).

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24 Jovan, “What is the Metaverse, and How Does it Work? “ (2021). https://kommandotech.com/guides/what-is-metaverse/

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27 Clifford Chance , “The Metaverse: What Are The Legal Implications? (2022). Retrieved from https://www.cliffordchance.com

28 Charlotte Lear, “What’s the Metaverse and why do Lawyers care? “(2022).

29 Charlotte Lear, “What Laws Govern the Metaverse?”. Retrieved from https://www.dlapiper.com

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31 Oyetola Muyiwa Atoyebi, SAN, FCIArb, “What is the Metaverse? Coming to Terms With Its Legal Implications” (2022). Retrieved from https://thelawyer.ng/what-is-the-metaverse-coming-to-terms-with-its-legal-implications/

32 Oyetola Muyiwa Atoyebi, SAN, FCIArb, “What is the Metaverse? Coming to Terms With Its Legal Implications” (2022). Retrieved from https://thelawyer.ng/what-is-the-metaverse-coming-to-terms-with-its-legal-implications/

33 Oyetola Muyiwa Atoyebi, SAN, FCIArb, “What is the Metaverse? Coming to Terms With Its Legal Implications” (2022). Retrieved from https://thelawyer.ng/what-is-the-metaverse-coming-to-terms-with-its-legal-implications/

34Siddartha Rao and Ellie Sanders, “What is the Metaverse and What Legal Issues Does It Raise?” (2022).Retrieved from https://www.romanolaw.com

35Siddartha Rao and Ellie Sanders, “What is the Metaverse and What Legal Issues Does It Raise? “ (2022). Retrieved from https://www.romanolaw.com

36Siddartha Rao and Ellie Sanders “What is the Metaverse and What Legal Issues Does It Raise?” (2022). Retrieved from https://www.romanolaw.com

37“ The Metaverse and its Legal Issues”. Retrieved from https://www.richardweechambers.com/the-metaverse-and-its-legal-issues/

38 Oyetola Muyiwa Atoyebi, SAN, FCIArb, “What is the Metaverse? Coming to Terms With Its Legal Implications” (2022). Retrieved from https://thelawyer.ng/what-is-the-metaverse-coming-to-terms-with-its-legal-implications/

39 Oyetola Muyiwa Atoyebi, SAN, FCIArb, “What is the Metaverse? Coming to Terms With Its Legal Implications” (2022). Retrieved from https://thelawyer.ng/what-is-the-metaverse-coming-to-terms-with-its-legal-implications/

40 Sandra Eke, “Fundamental Elements of Copyright Ownership And Protection Under Nigerian Law” (2019). https://www.mondaq.com/nigeria/copyright/866284/fundamental-elements-of-copyright-ownership-and-protection-under-nigerian-law-sandra-eke

41 Oyetola Muyiwa Atoyebi, SAN, FCIArb, “What is the Metaverse? Coming to Terms With Its Legal Implications” (2022). Retrieved from https://thelawyer.ng/what-is-the-metaverse-coming-to-terms-with-its-legal-implications/

42 Oyetola Muyiwa Atoyebi, SAN, FCIArb, “What is the Metaverse? Coming to Terms With Its Legal Implications” (2022). Retrieved from https://thelawyer.ng/what-is-the-metaverse-coming-to-terms-with-its-legal-implications/

43 Clifford Chance, “The Metaverse : What Are The Legal Implications?“ (2021). Retrieved from https://www.cliffordchance.com

44 Clifford Chance, “The Metaverse : What Are The Legal Implications? “(2021).Retrieved from https://www.cliffordchance.com

45 Clifford Chance,“The Metaverse : What Are The Legal Implications? “ (2021). Retrieved from https://www.cliffordchance.com

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47 Alex Siryi , “A Role and Place for Lawyers in a Metaverse Explained” (2022).https://catware.io/blog/a-role-and-place-for-lawyers-in-a-metaverse-explained/

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49 Alex Siryi “A Role and Place for Lawyers in a Metaverse Explained” (2022). https://catware.io/blog/a-role-and-place-for-lawyers-in-a-metaverse-explained/

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51Siddartha Rao and Ellie Sanders, “What is the Metaverse and What Legal Issues Does It Raise? “. Retrieved from https://www.romanolaw.com

52Siddartha Rao and Ellie Sanders, “What is the Metaverse and What Legal Issues Does It Raise? “(2021). Retrieved from https://www.romanolaw.com

53 Siddartha Rao and Ellie Sanders, “What is the Metaverse and What Legal Issues Does It Raise?” (2021). Retrieved from https://www.romanolaw.com

54 Siddartha Rao and Ellie Sanders , “What is the Metaverse and What Legal Issues Does It Raise? “ (2021). Retrieved from https://www.romanolaw.com

55 Siddartha Rao and Ellie Sanders “What is the Metaverse and What Legal Issues Does It Raise?(2021). Retrieved from https://www.romanolaw.com

56 Srivathsan Karanai Margan, Insurance and the Metaverse . Retrieved from https://contingencies.org/insurance-and- Siddartha Rao and Ellie Sanders, “What is the Metaverse and What Legal Issues Does It Raise? “(2021). Retrieved from https://www.romanolaw.com

Siddartha Rao and Ellie Sanders, “What is the Metaverse and What Legal Issues Does It Raise?” (2021). Retrieved from https://www.romanolaw.com

Siddartha Rao and Ellie Sanders , “What is the Metaverse and What Legal Issues Does It Raise? “ (2021). Retrieved from https://www.romanolaw.com

Siddartha Rao and Ellie Sanders “What is the Metaverse and What Legal Issues Does It Raise?(2021). Retrieved from https://www.romanolaw.comthe-metaverse/

57 Ken Crutchfield, The Metaverse and The Practice of Law (2022)

58 Brightflag COO Alex Kelly , “The Critical Role of Lawyers in the Metaverse “ (2022). https://www.canadianlawyermag.com/resources/legal-technology/brightflag-coo-alex-kelly-discusses-the-critical-role-of-lawyers-in-themetaverse/367102

59 Brightflag COO Alex Kelly , “The Critical Role of Lawyers in the Metaverse” (2022). https://www.canadianlawyermag.com/resources/legal-technology/brightflag-coo-alex-kelly-discusses-the-critical-role-of-lawyers-in-themetaverse/367102

60 Brightflag COO Alex Kelly, “The Critical Role of Lawyers in the Metaverse.” (2022). https://www.canadianlawyermag.com/resources/legal-technology/brightflag-coo-alex-kelly-discusses-the-critical-role-of-lawyers-in-themetaverse/367102.

61Brightflag COO Alex Kelly, “The Critical Role of Lawyers in the Metaverse” (2022). https://www.canadianlawyermag.com/resources/legal-technology/brightflag-coo-alex-kelly-discusses-the-critical-role-of-lawyers-in-themetaverse/367102

62 Brightflag COO Alex Kelly , “The Critical Role of Lawyers in the Metaverse” (2022). https://www.canadianlawyermag.com/resources/legal-technology/brightflag-coo-alex-kelly-discusses-the-critical-role-of-lawyers-in-themetaverse/367102.

63 Brightflag COO Alex Kelly, “The Critical Role of Lawyers in the Metaverse” (2022) https://www.canadianlawyermag.com/resources/legal-technology/brightflag-coo-alex-kelly-discusses-the-critical-role-of-lawyers-in-themetaverse/367102

64 Joseph Raczynski , “Lawyers & the Metaverse”. (2022). Published in Thomson Reuters Asian Legal Business

65 Brightflag COO Alex Kelly , “The Critical Role of Lawyers in the Metaverse” (2022) .https://www.canadianlawyermag.com/resources/legal-technology/brightflag-coo-alex-kelly-discusses-the-critical-role-of-lawyers-in-themetaverse/367102

66Jonathan Goldsmith, “Lawyers must boldly go into the Metaverse.” Retrieved from https://www.lawgazette.com.uk/commentary-and-opinion/lawyers-must-boldly-go-into-the-metaverse/5111404.article

67 Alex Siryi , “A Role and Place for Lawyers in a Metaverse Explained” (2022). https://catware.io/blog/a-role-and-place-for-lawyers-in-a-metaverse-explained/

68 Brightflag COO Alex Kelly, “The Critical Role of Lawyers in the Metaverse”. https://www.canadianlawyermag.com/resources/legal-technology/brightflag-coo-alex-kelly-discusses-the-critical-role-of-lawyers-in-themetaverse/367102

69 Joseph Raczynski , “Lawyers & the Metaverse”. (2022). Published in Thomson Reuters Asian Legal Business

70 Looking into the Future of a Legal Metaverse. (2021)

71 Stephaine Iragbeson Omosun, The Metaverse and Some Legal Implications in Nigeria (2022). Retrieved from https://www.linkedin.com

72 Stephaine Iragbeson Omosun, The Metaverse and Some Legal Implications in Nigeria (2022). Retrieved from https://www.linkedin.com

73 Stephaine Iragbeson Omosun, “The Metaverse and Some Legal Implications in Nigeria (2022). Retrieved from https://www.linkedin.com

74 Stephaine Iragbeson Omosun, The Metaverse and Some Legal Implications in Nigeria (2022. https://www.linkedin.com

75 “What is the Metaverse? Coming to Terms with Its Legal Implications (2022). Retrieved from https://thelawyer.ng/what-is-the-metaverse-coming-to-terms-with-its-legal-implications/

76 Omoniyi Edoigiawerie, ESQ, “Doing Business in the Metaverse: Legal Risks and Opportunities” (2022)

77 The Future of the Professions by Susskind and Susskind. Destefano (n2) pt, Ch1; margo(n1) 83.

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About Author

Ani Freedolyn is a 400-level law student at the Obafemi Awolowo University, Ile-Ife, Nigeria. She loves to write about contemporary issues confronting her society and the legal profession with a view to proffering solutions to them. She believes that writing is a weapon one can use to change the world and make it a better place to live.