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Tag: COSON

  • COSON: Group sues for peace

    COSON: Group sues for peace

    •As NCC reportedly annuls return of Okoroji

    Following the ongoing leadership tussle between supporters of Chief Tony Okoroji and Mr. Efe Omorogbe in the Copyright Society of Nigeria, COSON, the Association of Music Artiste Managers of Nigeria, AMAMN, has said the time is ripe to mend fences.

    This was just as reports say the Nigerian Copyright Commission (NCC) has annulled the return of Okoroji as Chairman of the society.

    Okoroji was returned as COSON chairman at an extraordinary general meeting held on December 19, 2017, days after Efe Omorogbe was installed by the board of COSON.

    Qed.ng reports that the annulment is contained in a letter dated February 19, 2018 with reference number NCC/DG/I/66 signed by the commission’s Director General, Afam Ezekude.

    The regulatory body added that it will act within its oversight function to examine the books of COSON and advise as appropriate.

    According to a statement from AMAMN, the association, on a fact-finding mission, met on Tuesday, February 13, 2018 with Chief Tony Okoroji and his team. A week later, it met with Efe Omorogbe and Mr. Joel Ajayi on ways to resolve the ongoing crisis.

    It says: “Despite the fact that Mr. Efe Omorogbe is not only a bona fide member, but a founding member of our association, we decided to adhere to the principles of “Audi Alterem Partem” (let the other side be heard as well) and give both sides a chance to present the facts as they see it.”

    The association therefore implores both parties to comply with the position of the Nigerian Copyrights Commission (NCC) in the matter.

    “The regulator has finally spoken and we are grateful.  We implore all parties to please adhere to the ruling of the NCC and allow the proposed probe and forensic audit that the NCC has asked to be carried out.

    “As a body, we have resolved to follow this situation to a legal and logical conclusion and ask all artiste managers, to join in this agitation. We don’t get paid if our clients don’t get paid; let us therefore secure the rights and livelihood of our clients.” AMAMN says.

  • COSON loses suit to stop MCSN as collecting society

    COSON loses suit to stop MCSN as collecting society

    A Federal High Court in Lagos has held that the Musical Copyright Society of Nigeria (MCSN) is an authorised Collective Management Organisation (CMO) for musical works and sound recordings in Nigeria.

    Justice Ibrahim Buba gave the ruling yesterday in a suit filed by the Copyright Society of Nigeria (COSON) Ltd seeking to stop MCSN from operating as a CMO.

    The judge held that MCSN was validly authorised by the Nigerian Communications Commission (NCC) to collect royalties on behalf of artistes.

    The court also ruled that contrary to COSON’s claim, the NCC is authorised to approve more than one CMO to collect royalties for artistes.

    Justice Buba also held that Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), lawfully directed NCC to withdraw the cases it filed against the MCSN.

    He dismissed for want of merit, COSON’s entire suit against first defendant MCSN, second defendant NCC and third defendant, the AGF.

    The judge, however, recommended MCSN’s counsel, Romeo Michael, to the Legal Practitioners’ Disciplinary Committee for alleged abuse of court process.

    Earlier, Michael brought an application seeking to stall the judgment, but Justice Buba suo moto ruled against the motion, describing it as a ploy to arrest the day’s business.

    The judgment brings to an end several controversies sorrounding the case.

    COSON filed the suit marked FHC/L/CS/1259/2017 last April, seeking a declaration that NCC failed to comply with Section 39(2) (d) of the Copyright Act 2004 and Copyright (CMO) Regulations 2007, when it registered MCSN.

    It prayed the court to hold that the registration was thus void “ab initio and of no effect whatsoever.”

    It also sought, among others, a perpetual injunction restraining NCC from approving MCSN as a CMO.

    This was opposed by the defendants.

    Following hearing, judgment in the suit was slated for last December 6, but it was subsequently adjourned till December 14.

    However, on December 14, Justice Buba announced that the case file had been taken from him and that he had no choice but to adjourn the judgment indefinitely.

    But on Monday, the parties were notified that judgment would be delivered yesterday.

    Speaking to reporters immediately after the judgment, MSCN chairman Mr Orits Wiliki said the judgment had settled the dispute once and for all.

    He urged artistes to affiliate with MCSN to move the industry forward.

    Wiliki said: “We are overjoyed. We knew that success will definitely come. We’ve been on this journey for 25 years and we know that the truth, even if it is subdued, will definitely emerge.

    “Where we are today, God has used MCSN to build the entire copyright sector through the cases we have filed. As I speak to you we have over 30 judgments and over 15 rulings in our favour.”

    Reacting to the ruling, Chairman of COSON, Chief Tony Okoroji who was in court with other members like Sir Shina Peters, Kenny Saint Brown, Azeezat Allen, Richard Cole, Sharon Esco Wilson, Maureen Ejezie, and Prince Biodun Eguakhide said although the judgement was ‘confusing’, it was better delivered.

    He therefore conveys the society’s decision to appeal the judgement immediately.

    He said: “I am a thoroughbred copyright man with deep knowledge of the subject. While Buba’s judgment is confusing, it is still victory for the musicians of Nigeria. That was why we were singing and dancing in court. If the judgment was not delivered when it was, we may have had to start the matter all over again. With the judgment, we now have a throve of materials to immediately and vigorously take the matter out of the Federal High Court system to the Court of Appeal where the issues can be properly argued.

    “We are immediately going to the Court of Appeal on this matter. Our protest will continue. We will not sleep, we will not slumber. There will be no retreat and no surrender until justice is done.”

     

  • COSON rejoices as case file returns to Justice Ibrahim Buba

    COSON rejoices as case file returns to Justice Ibrahim Buba

    Following protests by members of Copyright Society of Nigeria (COSON), the case file in Suit No FHC/L/CS/1259/2017, filed by COSON against the Attorney General of the Federation, Abubakar Malami, and the Musical Copyright Society of Nigeria (MCSN), has been returned to Justice Ibrahim Buba of the Federal High Court, Lagos for judgment to be delivered.

    Justice Buba is now scheduled to deliver the judgment today in Lagos.

    Judgment in the suit was initially slated for December 6, 2017 but was adjourned till December 14.

    On December 14, 2017, however, the judgment was still not read as the judge announced that the case file had been taken from him and that he had no choice but adjourn the judgment indefinitely.

    Chairman of COSON, Tony Okoroji therefor coordinated a protest with music industry stakeholders demonstrating at different Federal High Court locations around the country.

    COSON has also called for the resignation of the Acting Chief Judge of the Federal High Court, Justice Abdul Kafarati, for his alleged role in the matter.

    Speaking on the return of the case file, Okoroji said “There is no question that this is a major victory for COSON and the Nigerian creative community. Everyone however knows that our objective is not just judgement but justice. We are not naïve. Everyone must ask why they are so scared of unfettered judgement in this matter. After many weeks of arm-twisting, high level manipulation and blackmail, we must be prepared for every outcome.”

  • Stalled judgment: COSON vows to continue nationwide protest

    Stalled judgment: COSON vows to continue nationwide protest

    The Copyright Society of Nigeria (COSON) has vowed to continue protesting alleged plans to transfer a suit it filed against the Musical Copyright Society Nigeria (MCSN) to a new judge.

    It urged the Acting Chief Judge of the Federal High Court, Justice Abdul Kafarati, to resolve the issue or resign.

    COSON made the demand on Wednesday through its chairman, Chief Tony Okoroji, at a press briefing in Lagos.

    Artistes including Ras Kimono, Sir Shina Peters, Kenny Saint Best and King Wadada were some of the organanisation’s members at the event.

    COSON has, since January 15, 2018, been protesting at different Federal High Court locations across Nigeria

    This followed a suit it filed last year at the Federal High Court, Lagos seeking a declaration that MCSN is an illegal entity with no right to collect royalties on behalf of musicians in Nigeria.

    The case, marked FHC/L/CS/1259/2017, was assigned to Justice Ibrahim Buba, who began hearing.

    According to COSON, Justice Buba concluded hearing but on the date fixed for judgment, he informed the parties that the case file had been withdrawn from his court.

    COSON said it would protest until the “Federal High Court of Nigeria is left free to do justice to all men as the judges deem fit.”

    Okoroji described the withdrawal of the case file as dangerous interference in the judicial process.

    He said it was “…a frightening new assault on the Nigerian Judiciary and an attempt to turn the Nigeria music industry into a gold mine belonging to no one, from where those who have made no investments nor contributions to the industry can cart away illicit billions of Naira while the true creators and investors in the industry languish in penury.”

    The organisation also accused Attorney-General of the Federation (AGF), Mr. Abubakar Malami SAN of meddling in the affairs of the Nigerian music industry and urged President Muhammadu Buhari “to call him to order.”

    Okoroji added: “We will continue this indefinite protest until the Nigerian Copyright Commission (NCC) is returned to the supervision of the Minister charged with responsibility for culture as expressly provided in Section 51 of the Nigerian Copyright Act.”

    One of the highlights of the event was the live presentation by Reggae Star, King Wadada of his new song titled ‘Minister of Injustice’ in protest of Malami’s alleged ‘undue’ interference in the music industry.

  • FG to partner COSON to grow economy, says Onyeama

    FG to partner COSON to grow economy, says Onyeama

    The Federal Government has pledged to support the Copyright Society of Nigeria (COSON) to enable the creative industry contribute its quota to the growth and development of the economy.

    Foreign Affairs Minister, Geoffrey Onyeama, stated this in Abuja during an audience with the Board members of COSON led by its Chairman Chief Tony Okoroji, who were at the Tafawa Balewa building, Abuja

    The organisation had earlier conferred on the Minister COSON award of the year which is the highest honour of the organisation.

    Onyeama stressed the importance of the organisation with regards to the development of creative industry in Nigeria.

    “I want to really commend the leadership of the organisation and I feel very humbled and honour for the award which shows the importance of intellectual property.

    “We are now in the knowledge economy in the world and we have seen how the creative industry has played important role in the economy in major industrialised country.

    “And, how it has played more and more important role in Nigeria, its role came to limelight during the rebasing of Nigeria economy where Nigeria became the largest economy in Africa,” he said.

    According to him, one of the greatest factors that contributed to that was the creative industry; and it is important because what they do was to collect royalties to pay the artists.

    He said that the creative industry had really redefined the country and also rebranded the nation and helped in growing the economy.

    “The bulk of Nigeria population is made up of youth so to have an industry that is really creating jobs for the youth and creating a very positive image for the country.

    “The industry is also adding to the wealth of the country  which is amazing,” he said.

    He however, noted with concern that one of the biggest challenges of the industry was piracy,

    Earlier the Chairman of COSON board sough the cooperation of the Federal government in the development of creative industry.

    Okoroji said that the organization was trying to work with the Federal Government at different levels and at the level of  foreign affairs  because Nigerian creative products are all over the world.

    “The issue is that we are not getting appropriate value for the work and then we need to engage all the stakeholders and others involved in the changing nature of the economy.

    “We will engage the Ministry of Information and Tourism, Ministry of Industry, Trade and Investment and all other agencies involved,” he said.

  • COSON storms Enugu for music copyright royalty enforcement

    COSON storms Enugu for music copyright royalty enforcement

    Last week, the Chairman of Copyright Society of Nigeria (COSON), Chief Tony Okoroji, led a music copyright royalty enforcement team to Enugu to ensure that, henceforth all users of music in public and commercial settings in Enugu State get appropriate copyright licence or face the wrath of the law.

    Other members of the team included Mr. Uche Stanley Onowo, COSON Enugu State Copyright Royalty Licensing Consultant; Prince Biodun Eguakhide, COSON Edo/Delta State Copyright Royalty Licensing Consultant, Ms. Christabel Odiase, the team’s Media Coordinator and a squad of armed mobile policemen.

    While visiting various hotels, events centers and clubs in Enugu, Chief Okoroji said that in 2018 and beyond, music must pay the songwriters, performers, publishers and investors in the Nigerian music industry and contribute significantly to the growth of the nation’s economy. The COSON Chairman said that with the setting up of the COSON Rapid Response Legal Team made up of eight of the nation’s foremost intellectual property law firms, there is no place anymore for any music copyright royalty defaulter to hide.

    At Bon Hotel Sunshine, one of Enugu’s topmost new hotels, the COSON royalty enforcement team was received by the entire management team of the hotel led by Mr. Stanley Nwakwe, the Operations Manager. Addressing the Bon Hotel Management, Chief Okoroji said that anyone running a hospitality facility in Nigeria now must understand that one of the critical inputs towards the success of the facility is good entertainment which is produced by some people at some cost and which like every other input needs to be adequately paid for.

    He commended the management for the high-quality facilities at Bon Hotel Sunshine and said that he is looking forward to the hotel being a trail blazer in music copyright royalty compliance in Enugu State and the establishment of a good working relationship between COSON and Bon Hotel Sunshine. According to Chief Okoroji, such a relationship can only produce a win-win result for both parties.

  • COSON debunks allegations of misappropriation

    COSON debunks allegations of misappropriation

    Copyright Society of Nigeria (COSON) has said that the issues raised by some members of its board who were asked to step down on December 19, 2017 by the COSON General Assembly do not hold water, adding that the organisation is being run in accordance with the highest ethical standards.

    Mr. Efe Omorogbe who was voted as new chairman of COSON during the December 7, 2017 board meeting, but was removed on December 19, after a COSON General Assembly reinstated founding chairman, Chief Tony Okoroji on December 19, 2017, said on Tuesday that Okoroji was initially removed by six out of 10 board members owing to various grounds of discontent.

    However, COSON, on Wednesday, said in a statement that it is solidly committed to providing the best professional service in the collective management of copyright, and will never deviate from its ‘well-known path of complete adherence to the rule of law, transparency and accountability.”

    It said: “We wish to state that since our approval in 2010, our organization has been run strictly in accordance with the highest ethical standards. Our strict adherence to transparency and accountability are responsible for the phenomenal growth of COSON and its position as one of the most respected and fastest growing collective management organizations in the continent.

    “We wish to state emphatically that at COSON, we have nothing to hide.

    ”Our thousands of members and affiliates can rest assured that COSON will never waiver in the forceful protection of their rights.

    With a rejuvenated leadership, COSON is primed for even faster growth in 2018.”

     

  • MCSN floors COSON at Appeal Court

    •Ordered to pay N.4m cost

    In a unanimous decision, the Appeal Court, sitting in Lagos, has upheld the right of the Musical Copyright Society Nigeria (MCSN) to sue for the copyright violation of its repertoire without the approval of the Nigerian Copyright Commission (NCC) because it is an owner, assignee and exclusive licensee.

    The decision of the appellate court was as a result of an appeal filed by the Performing and Mechanical Right Society (PMRS), now known as the Copyright Society of Nigeria (COSON) against a judgement by the Federal High Court in Suit No. FHC/L/CS 1049/06 in which MCSN and Mechanical Copyright Protection Society had claimed damages against (then PMRS) and Skye Bank PLC for the infringement of the copyright in the work titled “I wish I knew how it would feel to be free” a musical work in respect of which they are assignee and holder and owner  respectively.

    In a preliminary objection by the PMRS and Skye Bank PLC, they argued that MCSN had no locus standi to sue because it was not approved by the NCC. However the Federal Court thought otherwise when it ruled that: “Because, the Plaintiffs are not a collecting society but have said they are the owner, assignee and exclusive licensee of the copyright, they need not call Section 39 of the Copyright Act to play and consequently. They cannot be said to have acted illegally by not complying with the provisions of the said sections.”

    Dissatisfied with the decision of the lower court, COSON (the successor – in – title of PMRS) headed to the Appeal Court to challenge the decision vide a Notice of Appeal dated April 9, 2009.

    The appellate court presided over by Justice Mohammed Lawal Garba, Justice Yargata Byenchit Nimpar and Justice Ogochukwu Anthony Ogakwa, in a ruling on October 27th, 2017, held that MCSN being an owner, assignee and exclusive licensee did not need the approval of the Nigerian Copyright Commission before it can enforce its rights under Section 16 of the Copyright Act which states that, “Subject to this Act, infringement of copyright shall be at the actionable at the suit of the owner, assignee or exclusive licensee of the copyright, as the case may be in the Federal High Court exercising jurisdiction in the place where the infringement occurred.”

    In the final result, this appeal for lacking in merit, is dismissed accordingly. The Ruling by the trial court assuming jurisdiction over the 2nd and 3rd Respondents action against the appellant and the 1st Respondent is hereby affirmed.

    Costs assessed at Two Hundred Thousand Naira (N200, 000.00) are awarded in favour of the 2nd and 3rd Respondents to be paid by the appellant for the prosecution of the appeal. The lead Justice in the appeal,, Mohammed Lawal Garba ruled. The other Justices concurred with the lead judgement.

  • MCSN drags COSON to court over royalty

    MCSN drags COSON to court over royalty

    The Musical Copyright Society Nigeria (MCSN) has filed a civil suit against the Copyright Society of Nigeria (COSON) and its Chairman, Chief Tony Okoroji at the Federal High Court in Lagos, seeking account of monies collected by the latter on behalf of MCSN members since 2010.

    In Suit No. FHC/L/CS/1172/17 filed by DA Awosika & Partners, MCSN is also seeking the order of the court to compel COSON and its predecessor in title to account for all monies collected on behalf of its assignors, exclusive licensors and affiliates as well as money collected for the exploitation of its repertoire since 2010 and before.

    MCSN also wants a court order directing COSON to avail, furnish, and deliver to it, a detailed account of royalties collected by the defendants.

    The CMO which recently got its licence to operate as a Collective Management Organisation (CMO), is also seeking for an order of a perpetual injunction, restraining COSON and Chief Okoroji, their agents, assigns, servants, and anyone howsoever described from tampering with, licensing, collecting royalties on or dealing with musical works, sound recording and other ancillary works or rights in the repertoire of MCSN.

    Reacting to the suit, Chairman of the board of MCSN, Orits Williki, said that MCSN is before the court on the issues formulated in order to ensure that the best practices in copyright administration are done in Nigeria in line with what obtains all over the world. “You cannot claim you are a sole monopoly and you go about collecting money on people’s behalf, pocket the money and refuse to render account. That’s pure lawlessness and corruption. MCSN believes in the rule of law that is why we’re in court to demand for every penny due to our members and on our repertoire.”

     

  • COSON honours Mohammed for dedication to creative campaign

    COSON honours Mohammed for dedication to creative campaign

    •Minister restates Fed Govt’s commitment to creative industry

    The Copyright Society of Nigeria (COSON) has honoured Minister of Information and Culture Alhaji Lai Mohammed for his dedication to the campaign for the rights of creative people.

    The event took place on Saturday when the minister visited the COSON House in Lagos.

    At the elaborate ceremony featuring a red carpet reception, music and documentary videos, the minister was presented with the ’’Copyright Medal of Honour’’ and his name entered in the ‘’COSON Roll of Honour’’ after the reading of his citation.

    The society’s chairman, Tony Okoroji, who made the presentation that rounded off the hours-long ceremony, described the minister as an ”unassailable and fearless public servant”.

    Okoroji thanked Mohammed as the first minister to visit the imposing green-and-white COSON House.

    The minister, who said he was very proud of COSON, thanked the organisation for the award and the hosting, which he described as ”one of the best Saturday mornings” I have had.

    He said COSON is a ‘’Made in Nigeria Organisation’’ functioning as an international organisation in terms of competence, excellence and the understanding of its core mandate, but noted that the achievements of the organisation are largely under-reported.

    Mohammed restated the Federal Government’s commitment to providing the enabling environment for the creative industry to thrive.

    The minister added that the administration’s economic and growth plan mentioned the industry as one of the key areas for the diversification of the economy.

    He listed the provision of infrastructure, strong laws, protection of Intellectual Property and the enforcement of existing laws as some of the areas in which the government can intervene.

    Mohammed added: ‘’This administration is steadily and consistently addressing those issues.’’

    The minister said efforts are also being made to give the creative industry a pioneer status so it can qualify for such incentives as tax holidays and waivers, especially customs duties on the equipment for film and music production, among others.

    Decrying the situation in which films and music meant for consumption in Nigeria are made in foreign countries, he said the government is determined to ensure that what is consumed in Nigeria, including films and music, must be made in Nigeria.

    The minister was accompanied on the visit by the heads of relevant parastatals in the ministry, including the Directors-General of the NTA (Yakubu Ibn Mohammed), FRCN (Mansur Liman), NTDC (Folorunso Coker) and the Executive Director of the Nigerian Film and Video Censors Board (Adedayo Thomas).

    Chief Ebenezer Obey, Ras Kimono and 2Baba, who could not join their colleagues to receive the minister, spoke to the audience at the ceremony via recorded videos.

    “It is a great day to have you in our midst. Unfortunately, or fortunately, I have to be in London. Notwithstanding my travelling to London, I am here with you in spirit. At COSON, we are for the progress of all. Hon. Minister, we thank you for being here with us,’’ Obey said.