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problems associated with individual

Anarchy

in

the

World

of

Collecting Societies in Nigeria: Implications

for

Copyright

Protection of Foreign and Local Musical Works (part 1)

pursuit of one’s artistic and creative works. A Collecting Society may be defined as a representative association consisting of various copyright owners who, for an agreed

January 2009 Volume 22 Issue 1

fee,

Collecting

The Nigerian Copyright Act of 1988 is perhaps the greatest achievement of the Tony Okoroji-led Performing Musicians Association of Nigeria (PMAN). Against

have

authorised

Society

to

the

maximally

administer their intellectual proprietary rights in accordance with the statutes and procedures of the country where the Collecting Society resides.

grave odds and risks to their personal

The

safety, the PMAN executive succeeded

framework for collecting societies was

in

ex-

not fortuitous. By the 1990s, new forms

President Ibrahim Babangida to enact a

technology that facilitate copying and

modern copyright law in Nigeria.

distribution

persuading

the

regime

of

Although the Copyright Act of 1988 (first amended in 1990) did not provide for Collecting Societies, the subsequent amendment in 1992 was the first statutory

provision

for

the

establishment of Collecting Societies of both local and international artistes. Prior to 1992, musicians and other artistes whose works required copyright protection were left to their own individual abilities to assert and defend their

intellectual

property

rights.

Membership in a Collecting Society is one veritable means of mitigating the

emergence

of

of

a

musical

legislative

works

at

minimal costs had become ubiquitous in Nigeria.

Indeed,

the

argument

for

Collecting Societies in under-developed economies

such

as

Nigeria’s

is

unassailable. Few artistes or copyright owners however have the national or global

network,

managerial

and

administrative expertise and resources of ensuring that their products/works are maximally distributed without the problems of non-payment of royalties and piracy of their works. It cannot be gainsaid that Collecting Societies help members keep better vigil over their work. In addition, they help

©Blackfriars LLP 2008. All rights reserved. This document is for general guidance only. Definitive advice should be sought from counsel if required. Blackfriars LLP is a Nigerian law firm with a representative office in Toronto, Canada.

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to obtain more royalties for the use of members’ works and also enter into reciprocal

agreements

with

similar

collecting societies in other countries across the world. For consumers, collecting societies make obtaining

licenses

easier

and

less

expensive and encourage compliance amongst users. At the enforcement level, Collecting Societies are more formidable in

vindicating

the

rights

of

their

members than would be the case if such members

fought

alone

in

their

individuals capacities. Sadly, however, for over ten years now, the world of musical Collecting Societies in Nigeria has been sundered by litigation, government intervention, and bickering among divisions of musicians. Perhaps, the root of this anarchy is the well-intended but misguided provisions of the Copyright Act itself. Section 32 (B) of the Nigerian Copyright Act provides for the creation of Collecting Societies. The said provides states thus: (1)

“A collecting society (in this section referred to as "a Society") may be formed in respect of any one or more rights of copyright owners for the benefit of such owners, and the society may apply may apply to the Commission for approval to operate

as a collecting society purpose of this Act.

for

the

(2) The Commission may approve a Society if it is satisfied that(a) it is incorporated as a company limited by guarantee; (b) its objects are to carry out the general duty of negotiating and granting copyright licenses and collecting royalties on behalf of copyright owners and distributing same to them, (c) it represents a substantial number of owners of copyright in any category of works protected by this Act; in this paragraph of this subsection, "owners of copyright" includes owners of performers rights; (d) it complies with the terms and conditions prescribed by regulations made by the Commission under this section. (3) The Commission shall not approve another Society in respect of any class of copyright owners if it is satisfied that an existing approved society adequately protects the interests of that class of copyright owners... (to be continued).

For further inquiries, please contact: Ms. Nkeiru Onyeaso Tel: +234 808 718 0833 Email: [email protected] Fax: +234 1 2694781

©Blackfriars LLP 2008. All rights reserved. This document is for general guidance only. Definitive advice should be sought from counsel if required. Blackfriars LLP is a Nigerian law firm with a representative office in Toronto, Canada.

WWW.BLACKFRIARS-LAW.COM

Dr. Virtus Igbokwe Tel: +234 802 220 4755 Email: [email protected] Fax: +234 1 2694781 Ms. Clara Ndive Email: [email protected] Tel: +234 803 323 1868 Fax: +234 1 2694781

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©Blackfriars LLP 2008. All rights reserved. This document is for general guidance only. Definitive advice should be sought from counsel if required. Blackfriars LLP is a Nigerian law firm with a representative office in Toronto, Canada.