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  • MCSN receives music copyright levy from NCC as RELPI grumbles

    MCSN receives music copyright levy from NCC as RELPI grumbles

    Following the receipt of over one billion Naira for musical works and sound recordings from the NCC, the Musical Copyright Society Nigeria Ltd/Gte (MCSN) is facing a seeming revolt from the Record Labels Proprietors Initiative (RELPI).

    The copyright levy has been one of the legal provisions of Copyright Laws in Nigeria since 1988 but never implemented until President Bola Tinubu came into power.

    According to MCSN, the eventual disbursement of the fund will certainly reach the grassroots and every Nigerian creator so as to begin to actually lift poor musicians out of deep poverty.

    Until the release of the first tranche of the copyright levy, which has seen the RELPI campaigning that it represents sound recording owners, the initiative has never for once spoken or collected rights for Nigerian creators.

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    MCSN also acknowledged the grumbles of the RELPI saying, “We are not unaware of the grumblings of certain interests fronting some Nigerian entities to continue with the unprofitable actions of more than 30 years to hold down the progress of the Nigerian music industry. They have been operating under various guises confusing the copyright system, thus preventing it from delivering the desired results to our creatives, particularly in the music industry.”

    Currently RELPI is claiming to represent some of the biggest music labels in Nigeria as well as their artists in collecting their copyright levies.

    Reacting to RELPI grumbles, MCSN said, “For a start, sound recordings are a shared interest between record producers and performers (performing musicians) whose performances were recorded. The rights in sound recordings are normally shared between the producers and performers, in certain territories at the ratio of 50% a-piece.”

    Continuing, MCSN in a statement further said, “In Nigeria, most performers (performing musicians) whose performances were recorded in albums are direct members and assignors of MCSN, vis-à-vis many independent record producers and label owners. These are the real owners of sound recordings in Nigeria.

    “The Performing Employers’ Association of Nigeria (PMAN), which is the only legally recognised union/association of performing and employers of musicians (including recording producers and labels) has a subsisting agreement with MCSN with which MCSN represents the copyright interests of all performers and producers in Nigeria.”

    MCSN concluded its submission saying, “In line with international norm and best practices, MCSN will administer the rights of ASCAP, BMI, SESAC, PRS, SACEM, SAMRO, etc in Nigeria and remit the appropriate royalties to them after deducting the appropriate taxes for the Nigerian government. This is one key area that the people in RELPI are apparently not considering. No Nigerian, not even RELPI can go to the USA, UK, Kenya or South Africa to dictate to the governments of those countries on how they should run their copyright system. Nigeria will not give room to this.”

  • Family donates vinyl, VHS, cassettes to MCSN

    Family donates vinyl, VHS, cassettes to MCSN

    The family of the late Mr.Kola Muyi, one time Deputy Director (Internal Audit) of the Nigerian Television Authority (NTA), Lagos, has graciously donated the musical collection of his albums, VHS and cassettes to the Musical Copyright Society Nigeria Ltd/Gte (MCSN) for the purpose of enriching its library.

    The donation was made on behalf of the family by one his daughters, Kemi Muyi- Adeniyi, the Director of Content and Operations of the Lagos State Television (LTV), who felt that as an organization that deals with music and musicians, the family believes MCSN is the right place for the collections if they are to benefit the younger and generations yet unborn instead of leaving it to the vagaries of weather.

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    The Chief Executive Officer (CEO) of MCSN, Mayo Ayilaran expressed gratitude to the Muyi family for finding MCSN worthy of such a historical collection of vinyl, cassettes and Video Home Systems (VHS) for the use of the younger ones and generations yet unborn. He thanked the family and promised that the precious gifts will surely be put at the disposal of the general public for use.

  • MCSN kicks off operation in Ibadan

    MCSN kicks off operation in Ibadan

    The Musical Copyright Society Nigeria Ltd/Gte (MCSN) has opened its SouthWest Regional office in Ibadan to serve Oyo, Osun, Ondo and Ekiti States.

    The office, situated on Adamasingba road in the centre of the city, started with an intensive training session for the newly recruited staff of the Society on Monday, March 3, 2025.

    The training sessions were undertaken by the Chief Executive Officer of the Society, Mayo Ayilaran and other experienced executives in copyright administration, who took the new staff through a rigorous training regime that covered all aspects of copyright administration including licensing and enforcement.

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    Speaking on the development, Ayilaran said the goal of MCSN is to cover the Federation by opening 20 offices nationwide before 2027.

    “We have already started operations in Abuja, Kaduna and Kano states, while the Edo and Delta states’ agencies will metamorphose into a full blown regional office shortly. We shall surely meet our target of twenty offices nationwide by 2027,” he added.

  • Court declines Multichoice’ objection to  MCSN’s N30b infringement suit

    Court declines Multichoice’ objection to  MCSN’s N30b infringement suit

    A Federal High Court sitting in Lagos has refused the prayers of a cable outfit, Multichoice Nigeria Limited, to strike out the claims of the Musical Copyright Society Nigeria Ltd/Gte (MCSN) in its N30billion copyright infringement suit instituted against it for want of jurisdiction.

    In the preliminary objection filed before Justice Daniel Osiagor and argued by counsels to Multichoice led by Moyosore Onigbanjo (SAN), four issues were raised for determination by the court.

    The defence argued that the plaintiff, MCSN,  commenced the action in breach of Section 14 of the Copyright (Collective Management Organization) Regulations 2007 which mandates parties to submit disputes arising from any matter within its purview to the Nigerian Copyright (Dispute  Resolution Panel) to settle.

    They  submitted that the plaintiff, MCSN, did not, in the first instance, seek the leave of  court before commencing action for infringement of copyright in respect of which both the copyright owner or an exclusive licensee have a concurrent right of action as stipulated by Section 37(3) of the Copyright Act, 2022.

    Thirdly, it was argued that the plaintiff has failed and refused to comply with conditions precedent that will vest the court with the requisite jurisdiction to hear the matter.

    The defendant contended that the plaintiff lacks the locus standi to sue as a Collective Management Organization (Collective Society) and maintain any action with respect to that capacity because its license has expired and has failed to renew same as provided by section 1(9) of the Copyright (Collective Management Organization) Regulations, 2007.

    In its response, the plaintiff, MCSN, through its counsel, Dada Awosika (SAN) filed a 16-page affidavit and formulated a lone issue for determination by the court.

    The plaintiff prayed the court to determine “Whether the honorable court, given the 1999 Constitution and the Copyright Act 2022 , has requisite jurisdiction to hear and entertain the subject matter of this suit?”

     Awosika argued that the suit is a copyright infringement action which commenced against the defendant for not obtaining the requisite permission or licence from it before the exploitation of musical works and sound recording in its broadcasting activities.

    MCSN further argued that the subject matter of the suit which borders on the infringement of copyright is governed by Section 37 of the Copyright Act 2022.

    MCSN submitted that the actions of the defendant carries civil and criminal liabilities in nature as provided for under Section 37 and 44 of the Copyright Act, both of which can only be tried by the Federal High Court and not the Dispute Resolution Panel.

    MCSN submitted that by the Exhibit M1 (letter of renewal of certificate) and M2 (certificate of approval) attached to the counter affidavit, it has a valid license issued and obtained from the Nigerian Copyright Commission which was issued and renewed in January 2023.

    On the strength of the foregoing, MCSN urged the court to resolve the issues raised in its favour and dismiss the notice of preliminary objection by the defence .

    Ruling on the  issues before the court , Justice  Osiagor agreed with MCSN’s position that in line with the provisions of Section16 of the Copyright Act, it has the right to approach the court to ventilate any violations of its copyright works.

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    The court dismissed claims by Multichoice that the plaintiff ought to seek the leave of court in filing any suit relating to infringement of copyright wherein the copyright owner and an exclusive licensee have concurrent right of action as stipulated by Section 37(3) of the Copyright Act.

     The court held that the provision relates to a situation where both the copyright owner and exclusive licensee have concurrent rights of action.

    “The question therefore is, does this present suit before the court falls within such a situation to warrant the need of the leave of court? “I think not”, Justice Osiagor said.

     The court further held that from the facts of the case and a concrete reading of the plaintiff’s affidavit, the suit does not fall within the situation envisaged in Section 37(3) of the Copyright Act.

    The court  therefore dismissed Multichoice claims that the plaintiff’s license has expired; saying “Exhibit M1 and M2 attached by the plaintiff clearly showed that its licence has been renewed by the Nigerian Copyright Commission (NCC).

     “I must add that the applicant in this preliminary objection is neither here nor there.

    “Counsel argues that the respondent is not a collecting society for lack of licence, then goes ahead to argue that the respondent ought to fulfill the conditions precedent applicable to collecting society, admitting that the respondent is a collecting society”, Justice Osiagor further held.

    The court, however, found merit in the desire of the applicant for arbitration and therefore referred parties to arbitration by the Dispute Resolution Panel.

    The court  ordered the Nigerian Copyright Commission (NCC) to set up a conflict and Dispute Resolution panel for the parties. 

    Justice Osiagor ordered parties to report back to the court in October 2024.  

  • MCSN mourns Onyeka Onwenu

    MCSN mourns Onyeka Onwenu

    The Musical Copyright society Nigeria (MCSN) has described the news of the death of Onyeka Onwenu as a very rude shock.

    In a recent statement by the DG of MCSN, Mayo Ayilaran, ‘Onyeka has since the 1980s been in the forefront of the struggle for a just, rewarding and enriching copyright system. She was on the side of MCSN when the Society faced life threatening challenges initiated and executed by those denying musicians their rightful income through the exploitation of their works.’

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    Ayilaran further said, “Onyeka was there in the forefront of MCSN’s struggle when it took its concern to the then Federal Minister of Information and Culture, Professor Jerry Gana in 1994; she was always attending court sessions in defence of MCSN cases, stressing the necessity for musicians whose rights are involved to be seen with the Society to let the court appreciate the more the enormity of the struggle. Onyeka was there with MCSN at the National Assembly before the House Committee on Trade and Commerce in 2006; she was there and spoke gallantly at the public hearing on copyright by the Joint House of Representatives’ Joint Committees on Justice, Judiciary and Human Rights of the 9 th National Assembly. She stood for justice.”

    Speaking further about the late songstress, Ayilaran said, “Onyeka will never brook any shady deal from any quarter or body, no matter how close she may appear to be with that person. She would also not shy away from admitting and apologising for any mistake or perceived wrong she might have made.”

  • 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.”

     

  • 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.

  • 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.”

     

  • MCSN offers free digital marketing workshop

    MCSN offers free digital marketing workshop

    After seven years of being out of commission, the newly licensed Musical Copyright Society of Nigeria (MCSN) has teamed up with Netpreneur360 Inc. USA to organize a free digital marketing workshop for musicians on Saturday, August 5.

    Tagged Digital Marketing Survival Boot Camp for Musicians, the special online training and empowerment workshop for musicians seeks to equip them to understand how to better exploit the blossoming internet marketplace for their music careers, talents and works.

    By making this training FREE for ALL Nigerian musicians,

    Speaking on the training, Mayo Ayilaran, the Director General of MCSN, who put this high-powered training together, stated that Nigerian musicians are in for a new deal, where they can now move beyond mere slogans to a situation where they can actually get the music to give them prosperity without waiting for any agent, label or drama.

    The training, he said, is expected to equip Nigerian musicians with how to utilize the power of the internet to up their game, enhance their productivity, and sell more of their music in the ever-developing global music industry.

    Ayilaran added that the online training, which is free for all music industry participants, including musicians, producers, artiste managers, entertainment managers, record labels and others, is also aimed at teaching the stakeholders how to enhance their productivity and make more money from their craft.

    This full day training is scheduled online for Saturday, August 5 between 11am and 6pm Nigerian time and can be accessed by musicians and their management and media handlers via MCSN’s website

    “The free online training is another way the MCSN is trying to ensure that Nigerian musicians make not just a living from their career, but learn to use the internet to position themselves to make money, make contact and improve their brands, make mega money just like their counterparts in other parts of the world,” Ayilaran noted.

    Dr. Ope Banwo, the Chief Trainer for Netpreneur360 USA, who is also the Founder of American Internet Business School, explained that participants in the one-day cyber workshop will learn among other things, how to create an irresistible online presence for their Music and artistic talents, online guerrilla marketing strategies for the up and coming musicians, even without a record label or artiste managers as well as how to create an effective Musician Marketing Funnel for increasing fan base and maximizing sales on the internet.