The vice chairman of the Musical Copyright Society of Nigeria (MCSN), Orits Wiliki, has expressed his delight over the directive of the Attorney-General of the federation and Minister of Justice, Abubakar Malami (SAN), to the Nigerian Copyright Commission (NCC), to officially approve the operation of MCSN as a legal collecting society.
While commending the AGF on the development, Wiliki added that “the effort was evidence of President Muhamadu Buhari’s promise for government of change, fight against corruption and abuse of office which has also affected the copyright sector.”
In the same vein, ace musician, Onyeka Onwenu, also saluted the AGF, saying “The development made sense. We need more than one CMO to avoid spliting of rights with the monopoly enjoyed by COSON proved for many rights owners, not to be profitable at all.”
“Now, there is competition, which we hope will bring out the best in both organisations…Artistes right to earn from their intellectual property and to have the freedom of choice in an open market operation, in a democratic society, must be respected and protected. We wish organisations, greater productivity and accountability,” she added.
In reacting to the AGF’s directive, the NCC in letter dated April 3, 2017 with reference number NCC/DG/074/X11/574, and signed by the Director General of the NCC, Mr Afam Ezekude, the commission referred to the directive of the Attorney-General, Abubakar Malami, SAN, of March 22, 2017, pursuant to Section 50 of the Copyright Act, Cap C28, LFN 2004, to convey the Commission’s approval to MCSN to operate as a collective management organisation for musical works and sound recordings in Nigeria.
It will be recalled that MCSN had, in 2009, applied to the NCC for it to be approved as a collecting management organisation, but the commission, in a letter dated May 20, 2010, refused MCSN’s application without giving any reason.
The MCSN headed to the Federal High Court to quash the decision. It also approached the National Assembly, which directed its joint committees on Justice and Judiciary, to look into the matter. The committees conducted an investigative public hearing and established that MCSN was unjustly refused approval, following which the NASS passed a series of resolutions, one of which was the directive to the NCC to approve/license MCSN to operate as a collecting society forthwith. The NCC, however, refused to carry out the NASS’s directive.
R learnt that the MCSN lodged a complaint to Malami, who according to investigations, agreed with the findings and resolution of the NASS, and directed the NCC to issue, with immediate effect, an approval, by way of license, to the MCSN to operate as a collecting society for the purpose of the Copyright Act.
The NCC’s compliance is expected to bring the crisis, which has hit the copyright sector for more than 25 years to an end.