The registration of music Copyright Management Orgaisations (CMO) for the music industry is getting more controversial by the day as it continues to generate so many contentious unanswered questions.The big question however now is whose interest is Nigeria Copyright Commission (NCC) protecting?
Ever since the registration of Copyright Society of Nigeria (COSON) as the only approved music CMO in Nigeria, there have been unending court cases instituted by Musical Copyright Society of Nigeria (MCSN) challenging the NCC for discrediting its application to approve only COSON. But after years of incessant court cases, it appears the judicial system in Nigeria might not be able to save MCSN.
Recently, the National Assembly waded into the matter and ordered NCC to register MCSN with immediate effect having met all the necessary requirements. In a swift reaction, NCC has stated why they can’t register MCSN. According to the Zonal Manager of NCC Lagos, Mr. Chris Nwocha: “In the area of music, it is a very clear thing. We have one collective society approved in accordance with the Copyright Act, which is also in line with International Copyright Convention. And if presently the NCC must approve another CMO for the music and sound recording industry, then the issue of amendment of the Copyright Act should come on board”.
There is a great division in the Nigerian music industry and the crisis is fuelling hatred among the stakeholders and at the same causing lack of direction. Not long ago, elder statesmen, Tony Okoroji of COSON and Kenny Ogungbe of MCSN almost engagd in a free for all fight at a public event in Lagos. The NCC appears to be resolute in its decision not to register another CMO and this has has received fresh criticism by a cross section of the music industry as usual.
Accroding to Dr. Tee Mac Omatshola Iseli, a musician and former PMAN (Performing Rights Musician Association of Nigeria) President: “It is time that NCC stops their stories. COSON was illegally registered and it was proven to the House Committee in a public hearing. COSON used names of musicians for registration without their consent; they had no audited accounts and no bilateral agreements with collective societies around the world. Now the National Assembly ordered them to register MCSN and we musicians demand that this is done immediately or we shall come back to ABUJA in the hundreds to protest and block their offices as we did 2 years ago. We also demand an EFCC investigation into the accounts of COSON and we shall see on how they shared the money collected”.
At this point, there is the need for NCC to overlook their self-worth and put this aspect of the music industry o the path of evolution. It will be nice to see NCC DG, Mr. Afam Ezekhude to organize a conference that will have all the stakeholders represented and see how to better re-position our collective societies. This will held dissuade endemic opinions that NCC only gives audience to COSON.
If NCC claims the Copyright Act only allows one music CMO and realized that such is causing a division and lack of direction for an industry as big as our music industry, then they should push for an amendment of the Copyright Act to change the statusquo and create room for healthy competition. If this is not done, this crisis will not abate as the opposing faction will not give up on their claims that a country of over 160,000,000 people like Nigeria is too big to be handled by just one music CMO.
If Nigeria will eventually have one music CMO in the long run, let the process begin earnestly. Nigeria won’t be the only country that has multiple music CMOs. African countries like Kenya and South Africa have more than one music CMOs. Though because of historical, legal, economic and cultural diversity among countries, regulation of collecting societies and the markets where they act vary from one country to another. In Europe, collecting societies require their members to transfer them exclusive administration rights of all of their works. United States and Canada have less restricting rules as members maintain their rights simultaneously with collecting societies. There are more than six CMOs in United States.
Currently, the music of many Nigerian artistes are presently not enjoying airplay on Nigerian radio/TV stations due to the prolong crises between COSON and BON/IBAN( Broadcasting Organisation of Nigeria and Independent Broadcasters Association of Nigeria). The two bodies said they were constrained to take this step principally as “a result of COSON’s attitude of antagonism and harassment under the leadership of Tony Okoroji (COSON Chairman). No person or organisation, particularly a collection society such as COSON has a monopoly of authority over any other. IBAN and BON have the utmost respect for Nigerian artistes in their individual and collective capacities and have indeed contributed more than any known institution to the promotion of Nigerian music and the development of the entertainment industry as a whole”.
The Chairman of COSON, Chief Tony Okoroji however stated in his New Year message that the squabble would soon end as the National Broadcasting Commission (NBC) is set to announce a framework for the collection and payment of royalties that will be acceptable to both the Broadcasting Organisation of Nigeria (BON) and the Copyright Society of Nigeria (COSON).
Recently, a top Nigerian gospel artiste, Sammie Okposo publicly renounced his COSON membership due to what he described as “the lack of transparency and accountability on the part of the Collecting Management Organisation, CMO” and also expressed his support for the call by the House of Representatives for the registration of another CMO with a view to breaking the monopoly currently being enjoyed by COSON. However, in a swift reaction, COSON General Manager, Chinedu Ckukwuji said Okposo would return to COSON. “With time he will realize that there are few Nigerian institutions that are run with the level of transparency, accountability and professionalism available at COSON and he then would return to the fold”.
The National Broadcasting Commission (NBC) has however waded into the on-going intellectual property tussle between COSON and BON/IBAN, and ordered the immediate suspension of the controversial ban. “All payments of musical copyright royalties shall be made to COSON and a joint committee of NBC, NCC, COSON, BON/IBAN will be set up to review all royalty tariffs and ensure they are fair, reasonable and according to standards”, NBC stated.
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