The Nigerian Copyright Commission (NCC) has advised all Disc Jockeys (Deejays) who publicly perform music to obtain a licence from the Musical Copyright Society Nigeria Ltd/Gte (MCSN), the only Collective Management Organisation (CMO) for music in Nigeria, or risk imprisonment for five years.
In a copyright advisory recently released by the regulator, the NCC warned all Deejays who perform or communicate music to the public to obtain a licence from rights holders or their approved Collective Management Organisation (CMOs).
The advisory stated that “Under section 9 and 12 of the Copyright Act 2022, the owner of copyright in a musical work or sound recording has the exclusive right to reproduce, perform or communicate it to the public. Engaging in any of these acts without the owner’s authorisation constitutes an infringement under the Act. Such infringement may constitute a civil or a criminal offence under section 44(7), punishable upon conviction by a fine of not less than N1,000,000.00 (One million naira) or imprisonment for a term of not less than five (5) years or both.”
The advisory further clarified that the public performance of music by a Deejay, whether at hotels, event centres, clubs, gardens, or recreational facilities, constitutes both a public performance and communication to the public of the musical work and sound recording, as stipulated under the Act.
Accordingly, the NCC urged Deejays to obtain appropriate licences and pay royalties to the approved Collective Management Organisation (CMO) before engaging in such performances.
“And for the avoidance of doubt, the approved CMO for musical works and sound recording in Nigeria is the Musical Copyright Society Nigeria Ltd/Gte (MCSN),” the advisory, signed by the Director-General of NCC, stated.
It also noted that the Commission is aware that the Deejays Association of Nigeria (DJAN), as the umbrella body representing Deejays in Nigeria, has entered into a Memorandum of Understanding with MCSN. Under this arrangement, DJAN is authorised to work with MCSN to facilitate the payment of royalties by Deejays nationwide, based on the tariff that DJAN had negotiated with MCSN.
“Take notice that the Commission will not hesitate to investigate, arrest, and prosecute any Deejay found to be in contravention of the law. To this end, the Commission will be working with other relevant authorities to support the initiative of DJAN to ensure that Deejays carry out their trade in compliance with the Copyright Act.”
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