COLLECTING SOCIETIES IN MUSICAL WORKS OF COPYRIGHT: AN ANALYSIS

Abstract

It is trite that copyright is partially the exclusive right of owners of work to control the exploitation of their work and to grant authorization for its use. The increased infringement of copyright works in Nigeria viz- literary, musical and artistic works, have however placed in the front burner the crucial administrative roles of any approved collective management organisation (CMO), in acting as a bridge between the creators/owners and users of musical works in particular. The process of establishment, approval and the inherent duties of CMO are well scripted under the Act, which duties include the negotiation and granting of licenses, the collection and distribution of royalties. The public declaration by the Nigerian Copyright Commission (NCC) that Musical Copyright Society of Nigeria (MCSN) and not Copyright Society of Nigeria (COSON) is the only society legally empowered by the regulatory agency to collect royalties for the Nigerian music industry on behalf of the musical artists substantially put to rest the lingering issue of which of the two societies is legitimate. Although we are not unaware of the innovations streaming platforms present in the collection and payment of royalties, but this article seeks to examine how CMO’s facilitates the administration and regulation of musical works of copyright in our contemporary Nigeria, taking into cognizance the overriding administrative supervision of the NCC. The article concludes by appreciating the drafters of the Copyright Act of 2022, which unlike section 39 of the repealed Act, recorded tremendous improvements by stating under its section 88, a more comprehensive, exhaustive and clearer powers donated to the NCC on issues of operational approval or otherwise of any applicant CMO. It is however recommended that the NCC should review its Regulations to ensure effective supervision of CMO’s, enthroning transparency in its affairs, to boost the confidence of music artistes and content creators, who ordinarily would rather prefer to go with streaming platforms than depend solely on membership of CMO in earning of royalties.