BROADCASTING Organisation of Nigeria (BON) has banned songs by some Nigerian musicians from airplay, in protest of what it called arbitrary levying of broadcast stations by the Copyright Society of Nigeria (COSON), government’s licensed collecting society.
The musicians, who constitute about 70 per cent of old and contemporary Nigerian artistes, were identified as members, whose intellectual property rights rest with COSON, and for which the society has been hunting down users of such works, who have refused to pay royalty.
Musicians affected by the ban include TuFace Idibia, D’ Banj, Inyanya Mbuk, Olamide, Dr Sid, Sammie Okposo, Banky W, Wizkid, Olu Maintain, 9ice, Sunny Neji, Flavour, Chidinma, Rugged Man, Keffee, Midnite Crew, Eldee De Don, M I, Azeezat, Jazzman Olofin, Ice Prince, Jesse Jagz, KC Presh, X Project, Asha, Konga and African China.
Others are Owen Gee, Dekunle Fuji, Lord of Ajasa, Zoolezoo, Muma Gee, ID Cabassa, Klever J, Terry G, Nomoreloss, Mike Okri, Weird MC, Mode 9, Timaya, Sound Sultan, Waje, Mo’Cheddah, Jay Martins, Slam, Djinee, Solid Star, Omawunmi, Yinka Ayefele, Ebenezer Obey, Victor Uwaifo, Onyeka Onwenu, Dan Maraya Jos, Stella Monye, MajekFashek, Daniel Wilson, Alex Zitto, Sir Shina Peters, Ras Kimono, Wale Thompson, Kollington Ayinla, Adewale Ayuba, Wasiu Ayinde Marshal and Tim Godfrey among others.
BON took the decision to ban the works of these musicians in collaboration with the Independent Broadcasting Association of Nigeria (IBAN). The resolution by the two bodies yesterday, according to IBAN Secretary, Mr. Guy Murray Bruce, takes immediate effect.
COSON had taken several broadcast stations, hotels and other institutional users of musical works to court, and is known to have negotiated payment with many, including DStv, Silverbird and Cool FM among others. The face off heightened after DAAR Communication and a few others were hit with litigation for similar claim. BON had risen to the incident, challenging the modality of payment, which it described as arbitrary and seeking an alternative royalty collecting society, as a way of breaking the perceived COSON monopoly.
COSON Chairman Chief Tony Okoroji said he felt like weeping, adding that it is only in Nigeria that this can take place, stating that the only sin COSON has committed was going to court to compel broadcasting stations to pay royalties for use of music. He noted with regret that there is a common attitudinal disregard for intellectual property right in the country.
Members of the music and film industries showed great concern over the issue at the Protea Hotel, Ikeja, on Tuesday, at an entertainment forum. Many were shocked at how realistic it would be to outlaw such long list of popular musicians from the airwaves.
Notable filmmaker and marketer Chief Gabriel Okoye aka Gabosky described the situation as a slap on creativity, adding that the war is not only COSON’s but for all, and promised to mobilise with COSON to confront BON on the issue.
BON’s Director-General Mr. Emeka Mba, however, called for anamicable settlement.
Mba told The Nation: “Both sides need to come to a negotiated and final settlement. The NBC has already informed both parties that it will intervene by inviting them to a meeting with the Nigerian Copyright Commission.”
Industry commentators have wondered how the stations would meet their local content obligations with the long list of Nigerian artistes affected by the ban.
They said such a situation was of serious concern to the NBC. Article 3.13.2.2 of the Broadcast code issued by NBC says: ‘For the purpose of free-to-air broadcast, Nigerian music shall constitute 80 per cent of all music broadcast’.
Okoroji described the development as the first in human history when the top artistes of any nation are said to be banned from the airwaves. He insisted that if the sad action was to blackmail COSON for taking some broadcast stations, who believe that they are above the law to court for copyright infringement, he was willing to lay down his life in the defence of the rights of creative people.
