Issues and Perspectives on Collecting Societies and the Management of Musical Works and Sound Recordings in Nigeria

Description

ABSTRACT

Issues and Perspectives on Collecting Societies and the Management of Musical Works and Sound Recordings in Nigeria

John Onyido*, Benedict Oregbemhe**. and Yetunde Okojie***

The management and exploitation of copyrighted material in the form of musical works and sound recordings through the mechanism of collecting societies is a convenient structure that facilitates the utilisation of these works by potential users upon payment of adequate compensation to the owners and rights-holders on mutually agreed terms. In Nigeria, the adoption and application of this mechanism remains a work in progress both in terms of the legal framework for its actualization and the regulatory oversight required to ensure that a convenient tool designed to ameliorate the logistical and other challenges encountered by owners and users of musical works and sound recordings is not elevated to a pedestal that contradicts the rationale and economic justification for such a mechanism. Some vexing issues applicable to the objectives and functions of collecting societies in Nigeria are examined closely in this paper through the lens of the recent decision of the Federal High Court sitting in Lagos, in the case of Copyright Society of Nigeria v MTN Nigeria Communications Limited. The paper argues inter alia that proper care and attention through regular monitoring and supervision is required to ensure that the objectives for licensing collecting societies are not negated by extraneous factors.

Keywords: Collecting Societies, Copyright exploitation, management of musical works and sound recordings, adequate compensation, economic justification.

INTRODUCTION 
All copyright matters relating to the collective administration and management of copyrights in sound recordings and musical works in Nigeria are regulated under the Copyright Act₁ and the Regulations₂ made in line with the powers conferred on the Nigerian Copyright Commission (NCC) under section 39(7) of the Act. Apart from these laws, judicial interpretations of the provisions of the Act and the Regulations generally afford insight on how the provisions relevant in this area are expected to operate in practice. Under Nigerian law, copyright extends to literary, musical and artistic works, cinematograph films, sound recordings, broadcasts and expressions of folklore, inclusive of adaptations or derivative works arising from any of these categories.

Musical works/compositions are original pieces of music written as melodic notations in the form of sheet music for songs or instrumental sounds by songwriters and lyricists. Section 51 of the Copyright Act defines a musical work as:

…any musical composition, irrespective of musical quality and includes works composed for musical accompaniment.

A sound recording on the other hand is the first fixation of a sequence of sounds capable of being aurally perceived but excluding sound tracks embedded in cinematograph films.₃

*   Partner and Head IP and Technology Law, SPA Ajibade & Co., Lagos, Nigeria.
** Senior Associate, IP and Technology Law department, SPA Ajibade & Co. 
*** Senior Associate, IP and Technology Law department, SPA Ajibade & Co. 

1. Nigerian Copyright Act Cap. C28 Laws of the Federation of Nigeria 2004.
2. Copyright (Collective Management Organizations) Regulations 2007, repealing the erstwhile Copyright (Collecting Societies) Regulations 1993.
3. See  Copyright Act, s 51.

THE GRAVITAS REVIEW OF BUSINESS & PROPERTY LAW VOL.9 NO.4