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    Anarchy in the World of Collecting Societies in Nigeria: Implications for Copyright Protection of Foreign and Local Musical Works The Nigerian Copyright Act of 1988 is perhaps the greatest achievement of the Tony Okoroji-led Performing Musicians Association of Nigeria (PMAN). Against grave odds and risks to their personal safety, the PMAN executive succeeded in persuading the regime of ex-President Ibrahim Babangida to enact a modern copyright law in Nigeria. 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 problems associated with individual 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 fee, have authorised the Collecting Society to maximally administer their intellectual proprietary rights in accordance with the statutes and procedures of the country where the Collecting Society resides. The emergence of a legislative framework for collecting societies was not fortuitous. By the 1990s, new forms technology that facilitate copying and distribution of musical 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 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 for the purpose of this Act. (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 t

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    Anarchy in the World of Collecting Societies in Nigeria: Implications for Copyright Protection of Foreign and Local Musical Works The Nigerian Copyright Act of 1988 is perhaps the greatest achievement of the Tony Okoroji-led Performing Musicians Association of Nigeria (PMAN). Against grave odds and risks to their personal safety, the PMAN executive succeeded in persuading the regime of ex-President Ibrahim Babangida to enact a modern copyright law in Nigeria. 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 problems associated with individual 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 fee, have authorised the Collecting Society to maximally administer their intellectual proprietary rights in accordance with the statutes and procedures of the country where the Collecting Society resides. The emergence of a legislative framework for collecting societies was not fortuitous. By the 1990s, new forms technology that facilitate copying and distribution of musical 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 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 for the purpose of this Act. (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 t

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    Anarchy in the World of Collecting Societies in Nigeria: Implications for Copyright Protection of Foreign and Local Musical Works The Nigerian Copyright Act of 1988 is perhaps the greatest achievement of the Tony Okoroji-led Performing Musicians Association of Nigeria (PMAN). Against grave odds and risks to their personal safety, the PMAN executive succeeded in persuading the regime of ex-President Ibrahim Babangida to enact a modern copyright law in Nigeria. 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 problems associated with individual 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 fee, have authorised the Collecting Society to maximally administer their intellectual proprietary rights in accordance with the statutes and procedures of the country where the Collecting Society resides. The emergence of a legislative framework for collecting societies was not fortuitous. By the 1990s, new forms technology that facilitate copying and distribution of musical 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 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 for the purpose of this Act. (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 t

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    Trademarks Newsletter

    Uploaded by

    Blackfriars LLP
    Anarchy in the World of Collecting Societies in Nigeria: Implications for Copyright Protection of Foreign and Local Musical Works The Nigerian Copyright Act of 1988 is perhaps the greatest achievement of the Tony Okoroji-led Performing Musicians Association of Nigeria (PMAN). Against grave odds and risks to their personal safety, the PMAN executive succeeded in persuading the regime of ex-President Ibrahim Babangida to enact a modern copyright law in Nigeria. 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 problems associated with individual 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 fee, have authorised the Collecting Society to maximally administer their intellectual proprietary rights in accordance with the statutes and procedures of the country where the Collecting Society resides. The emergence of a legislative framework for collecting societies was not fortuitous. By the 1990s, new forms technology that facilitate copying and distribution of musical 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 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 for the purpose of this Act. (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 t

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    of 3

    WWW.BLACKFRIARS-LAW.

    COM
    problems associated with individual
    Anarchy in the World of pursuit of one’s artistic and creative
    Collecting Societies in Nigeria: works.

    Implications for Copyright


    A Collecting Society may be defined as a
    Protection of Foreign and Local representative association consisting of
    Musical Works (part 1) various copyright owners who, for an
    agreed fee, have authorised the
    January 2009 Volume 22 Issue 1 Collecting Society to maximally
    administer their intellectual proprietary
    The Nigerian Copyright Act of 1988 is
    rights in accordance with the statutes
    perhaps the greatest achievement of the
    and procedures of the country where
    Tony Okoroji-led Performing Musicians
    the Collecting Society resides.
    Association of Nigeria (PMAN). Against
    grave odds and risks to their personal The emergence of a legislative
    safety, the PMAN executive succeeded framework for collecting societies was
    in persuading the regime of 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 of musical works at
    minimal costs had become ubiquitous in
    Although the Copyright Act of 1988
    Nigeria. Indeed, the argument for
    (first amended in 1990) did not provide
    Collecting Societies in under-developed
    for Collecting Societies, the subsequent
    economies such as Nigeria’s is
    amendment in 1992 was the first
    unassailable. Few artistes or copyright
    statutory provision for the
    owners however have the national or
    establishment of Collecting Societies of
    global network, managerial and
    both local and international artistes.
    administrative expertise and resources
    of ensuring that their products/works
    Prior to 1992, musicians and other
    are maximally distributed without the
    artistes whose works required copyright
    problems of non-payment of royalties
    protection were left to their own
    and piracy of their works.
    individual abilities to assert and defend
    their intellectual property rights.
    It cannot be gainsaid that Collecting
    Membership in a Collecting Society is
    Societies help members keep better vigil
    one veritable means of mitigating the
    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.
    WWW.BLACKFRIARS-LAW.COM
    to obtain more royalties for the use of as a collecting society for the
    members’ works and also enter into purpose of this Act.
    reciprocal agreements with similar
    (2) The Commission may approve a
    collecting societies in other countries
    Society if it is satisfied that-
    across the world.
    (a) it is incorporated as a company
    limited by guarantee;
    For consumers, collecting societies make
    (b) its objects are to carry out the
    obtaining licenses easier and less general duty of negotiating and
    expensive and encourage compliance granting copyright licenses and
    amongst users. At the enforcement level, collecting royalties on behalf of
    Collecting Societies are more formidable copyright owners and distributing
    same to them,
    in vindicating the rights of their
    (c) it represents a substantial number
    members than would be the case if such
    of owners of copyright in any
    members fought alone in their category of works protected by this
    individuals capacities. Act; in this paragraph of this
    subsection, "owners of copyright"
    Sadly, however, for over ten years now, includes owners of performers
    the world of musical Collecting Societies rights; (d) it complies with the terms
    in Nigeria has been sundered by and conditions prescribed by
    litigation, government intervention, and regulations made by the
    Commission under this section.
    bickering among divisions of musicians.
    (3) The Commission shall not
    Perhaps, the root of this anarchy is the
    approve another Society in respect of
    well-intended but misguided provisions any class of copyright owners if it is
    of the Copyright Act itself. Section 32 (B) satisfied that an existing approved
    of the Nigerian Copyright Act provides society adequately protects the
    for the creation of Collecting Societies. interests of that class of copyright
    The said provides states thus: owners...
    (to be continued).
    (1) “A collecting society (in this section
    referred to as "a Society") may be
    For further inquiries, please contact:
    formed in respect of any one or more
    rights of copyright owners for the
    benefit of such owners, and the Ms. Nkeiru Onyeaso
    society may apply may apply to the Tel: +234 808 718 0833
    Commission for approval to operate Email: Nkay@blackfriars-law.com
    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: Virtus@blackfriars-law.com
    Fax: +234 1 2694781

    Ms. Clara Ndive


    Email: Clara@blackfriars-law.com
    Tel: +234 803 323 1868
    Fax: +234 1 2694781

    This newsletter has been sent to you by


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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.

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