COPYRIGHT AND COLLECTING SOCIETY: THE POSITION OF THE COURT IN MULTICHOICE (NIG) LTD. V. M.C.S.N LTD/GTE (2020) 13 NWLR (PT. 1742) CA 415

Abstract

Ideally, it is the primary responsibility of owners of works of copyright to use the safeguards provided for by thelaw to protect such works against infringers. Artistes should be able to manage and administer the use andexploitation of their right in any song or track. Ability to know when these songs with wide coverage isbroadcasted or played either in shopping malls, restaurants, stadiums, nightclubs, television and radio stations,etc., within the country is an issue. Neither is it practicable for users to easily approach copyright owners foreach of the songs or sound recordings to secure the requisite licenses for use This article focuses on copyrightworks using the music industry as a case, and the fact that some of the exclusive rights cannot be administeredindividually hence the need for collecting societies. It mainly considers the decisions of the Court of Appeal inMultichoice (Nig) Ltd. v. Musical Copyright Society of Nigeria (MCSN) Ltd/Gte (2020) 13 NWLR (Pt. 1742) p.415, wherein the categories of person who may sue for infringement of works of copyright was settled; that notonly a collecting society, duly l icensed or exempted by the Nigerian Copyright Commission cansue or demand and receive royalties on behal f of copyright owners and distribute same . Thatassignees of works under contracts concluded even before the enactment of copyright Act, isentit led to royal ties in respect of the exploitation of the assigned works. Due consideration wasgiven to the judgment and reasons of the Appeal court subject however to the position the Apex court may take onfinal appeal. The work which adopted doctrinal method of research methodology is concluded by making casethat approval or exemption of licences by the Nigeria Copyright Commission should not deter stakeholders inexploiting the new position that encourages making strong cases for owners of musical works either as an assigneeor exclusive licencee.