Sunday 20th August, 2017
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MCSN does not represent us-COSON

MCSN does not represent us-COSON

The Copyright Society of Nigeria (COSON) has de­bunked claims in some quar­ters that the Musical Copyright So­ciety of Nigeria (MCSN) has been authorised or approved to collect royalties on behalf of Nigerian mu­sicians and other music industry stakeholders or to operate in Ni­geria as a collective management organization.
A statement from COSON, signed by Communication and New Media Executive, Tolu Ba­logun, said that COSON Chair­man, Chief Tony Okoroji, who addressed a press conference in Lagos, was emphatic that MCSN has no such approval. According to him, MCSN even went to court to challenge the registration of COSON by the Corporate Affairs Commission CAC and lost.
“MCSN went ahead to chal­lenge the constitutionality of the provisions of Section 39 of the Copyright Act which prescribes only one approved CMO for each class of works arguing that the provisions of Section 39 abridged their rights to freedom of associa­tion.
“In Suit No. FHC/L/CS/478/08, MCSN sought a declaration that Section 39 of the Copyright Act is unconstitutional, null and void. Justice I.M. Sani of the Federal High Court disagreed with them. They lost. They appealed Justice Sani’s decision. In Appeal No: CA/L/575/09, the Court of Appeal in another unanimous judgment vehemently disagreed with MCSN and ruled that the provisions of the Copyright Act are constitu­tional. MCSN once again lost.
“MCSN ignored the several rulings of the courts and contin­ued to collect copyright royalties without approval. It was then that officers of the Nigerian Copyright Commission went to their office in Lagos and arrested their CEO, Mr. Mayo Ayilaran and six of his staff.
The matter once again went up to the Court of Appeal and the court in CAL/L/350/2013 (NCC v MCSN, Mayo Ayilaran & 6 others) unanimously ruled that the arrest was very much in order. Once again, MCSN lost.
COSON said there are laid down processes for the approval of a collective management organi­zation in Nigeria and therefore de­manded that the AGF to strength­en the copyright system in the country so that the system can ef­fectively protect and promote cre­ative enterprise in the nation and ensure that the Nigerian economy benefits from the creative ingenu­ity of Nigerian citizens and those interested in investing in our cre­ative industries

 

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