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Tag: MCSN

  • MCSN poaches COSON

    MCSN poaches COSON

    The newly approved Collective Management Organisation (CMO), the Musical Copyright Society Nigeria (MCSN), has mooted the idea of a collaboration to rival body, the Copyright Society of Nigeria (COSON).

    In a letter dated May 26, the Chairman of MCSN, Orits Williki formally  informed COSON  about the approval of his society as a CMO by the Nigeria Copyright Commission (NCC) following the directive of the Honourable Attorney General and Minister of Justice, Mr Abubakar Malami, SAN.

    “We are pleased to formally bring to your kind notice that following the directives issued by the Honourable Attorney General of the Federation of Nigeria and Minister of Justice, Abubakar Malami, SAN, the Nigerian Copyright Commission has issued our organisation, the Musical Copyright Society Nigeria Ltd/Gte (MCSN), with the approval/license to operate as a collecting society for the purpose of the Nigerian Copyright Act,” the letter read.

    Continuing, the letter beckoned on the management of COSON to consider the possibility of collaboration and cooperation between both organisations for the mutual benefits of our individual members, affiliates and clients. MCSN further requested that in the spirit of the expected collaboration, COSON should render accounts for members of MCSN on whose behalf COSON collected royalties for the past seven years when it held sway as the sole collecting society in the country.

    “Meanwhile, quite a number of our members, affiliates and licensors have approached us demanding for the payment of royalties due to them from the collections which you have made for the exploitation of their works by broadcast organisations, telecommunications companies, hotels, bars and allied places and platforms in the past seven years. We therefore request as a matter of urgency, for an account of royalties collected and allocated by you to these and other members and affiliates of ours with remittance of due sum to us without delay,” the letter stated.

  • AGF reiterates Govt support for MCSN

    AGF reiterates Govt support for MCSN

    Despite criticism by the Copyright Society of Nigeria (COSON) over the approval of another Collective Management Organisation (CMO) for musical works and sound recordings in Nigeria, the Attorney – General of the Federation and Minister of Justice, Alhaji Abubakar Malami, has assured the leadership of the newly licensed Musical Copyright Society of Nigeria (MCSN) of Federal Government’s support, saying that the decision to license the latter as a collecting society is in the best interest of the nation and the citizens.

    “Thank you for coming, however I will advise you to go about your business, you have the support of the government.  Monopoly as an economic policy is gone for good,” he said while receiving a delegation of the board and members of MCSN in his office recently.

    A statement by MCSN said the delegation, which was led by the society’s chairman, Orits Williki, was there to thank the Minister for his intervention and directives in approving MCSN as a CMO, thereby opening up the copyright sector in the business of royalty collections.

    “The decision to license your organisation as a collecting society is in the best interest of the nation and the citizens and it is in accordance with international best practices,” Malami said, adding that he has the authority and directive of Mr. President ‘to look into any or all forms of monopoly in any sector of the economy and dismantle it’.

    Recall that Chairman of COSON, Chief Tony Okoroji, at a recent press conference, described the approval of MCSN as a joke, claiming that the laid down processes for the approval of a CMO in Nigeria were not followed.

    Williki, in appreciating the decision of the Federal Government, thanked the Honourable Minister for his intervention and resolution of the problem which has been going on for more than two decades.  He stated that this is yet another proof that the change promised by the government of President Muhammadu Buhari is for real and would be felt by every Nigerian soon.

  • COSON vs MCSN: Clash gets messier as Ope Banwo lands in Lagos 

    COSON vs MCSN: Clash gets messier as Ope Banwo lands in Lagos 

    The supremacy battle between Copyright Society of Nigeria, COSON and the Musical Copyright Society in Nigeria (MCSN) assumed a messier dimension on social media over the weekend.

    Responding to a press conference granted by Chairman of COSON, Tony Okoroji, a board member of MCSN, Ope Banwo, who arrived Lagos from his America base, called Okoroji out on social media, questioning his grouse with the approval of MCSN as a rival Collective Management Organisation (CMO).

    Okoroji had alleged of a conspiracy by some officers in the office of the Attorney General of the Federation (AGF) to grant MCSN a licence to operate asca CMO.

    In a detailed Facebook post, Okoroji had said he was “aghast” to hear on April 3, 2017 that the AGF was about to grant a licence to MCSN, a move that he said will cause chaos in the industry.”I know the music industry and the copyright system in Nigeria enough to know that what I was hearing was a recipe for absolute commotion,” wrote Okoroji.”By such a decision, much of the progress we have made in the last several years which demanded relentless work would be wiped away. Our agreement with the broadcast industry negotiated over several years could become meaningless. The agreement with the hotel industry will suffer the same faith. Royalty income to thousands of artistes across Nigeria would evaporate. The body of decisions by the Federal High Court and the Court of Appeal on the Nigerian copyright system would have no meaning anymore. Question after question raced through my mind. How could the AGF have taken such a decision? Who advised him? Who did he consult? That night, I spoke with the AGF on the phone. It was clear to me that he had been told that the music industry would applaud such a decision! We agreed that I should come to Abuja on the first flight the next day so we could discuss the disturbing development.”

    Okoroji also stated that he was directed by the minister to work with Mr Sylvester Imhanobe, a Senior Assistant to the Minister and Chief Okoi Obono Obla, the President’s Special Assistant on Prosecution, to work together.

    He however, alleged that Imhanobe did not send a report.

    “On my enquiries, I found out that Chief Obla also never saw the report,” Okoroji wrote.

    “Months went by and I waited for something positive to happen for Nigeria’s creative industries. I even sent a reminder to the AGF and there was no reply. It is clear to me now that the process was hijacked and the AGF was given the impression that I was in support of the bizarre policies announced in his name!”

    Rather, Okoroji said he sent three uncomplimentary text messages on April 25 which he did not reply but forwarded to the minister.

    “Stupid fool. With your big fat head. I am told that you have not relent to say foolish things about me. Be careful, the law of libel will put you in control. Common adulterous man like you. Bastard!”

    “I understand you addressed a press conference today and my name is mentioned. Be ready to hear from my lawyers in a long drawn legal battle. I knew that you arrogant pride will bring your fall. Idiot.”

    “I have read your statements you made of me at your press conference. You will soon hear from my lawyers.”

    But Banwo, a lawyer and record label boss, had questioned why Okoroji’s COSON objected competition in collecting of copyrights. In a Facebook post titled ‘Tony Okoroji Vs Attorney General of the Federation? – some urgent questions for Tony Okoroji to answer’, Banwo wrote: “Personally I am appalled and shocked at the campaign of calumny and campaign of lies and misinformation that Tony Okoroji and his henchmen have decided to mount against the person and office of the Attorney General Of The Federation for licensing a second musical copyright collecting society in Nigeria, MCSN to compete against him and provide alternative options for millions of Nigerians.”

    Aside levelling the accusations, Banwo on Friday had called Okoroji to explain how he spent the over N300 million collected as copyright royalties on behalf of artistes to buy a building for COSON amidst a litany of questions?

    “Who authorized him to use Nigerian Artistes money to buy office building for cash instead of distributing it to the suffering musicians? How much is the building worth and how much was paid for this building in cash?

    “More importantly, when is the EFCC going to PROBE Toni Okoroji and the way he has managed COSON money? And when are the COSON Board going to probe him for spending artistes’ money recklessly without General Assembly approval?”

    Banwo also asked Nigerian musicians who have had their music played to ask Okoroji’s COSON for their money while he pursued the case.

    “As a stake holder and investor in the music industry, I will be forwarding a petition to EFCC and NCC to probe this questionable house purchase without due process of the bylaws under which he was granted Licence,” said Banwo

    “I will also be demanding a public statement of accounts showing how he distributed over N300, 000, 000 to artistes and how much was actually distributed.”

    Posting a video on Facebook Live where he went to COSON to make some of these enquiries, Banwo wrote later in a post that he “was almost mobbed” by COSON staff.

    “I am encouraging all Nigerian musicians to go to Okoroji’s page and ask him what he did with over N300, 000, 000 he has collected in royalties,” Banwo wrote.

    “How much percentage of that has he given to the artistes who own that money? And how much has he spent on his own lifestyle and in wasteful projects like purchasing this over sued house

    “In case most Nigerian artistes are not aware, it’s a fact that Tony Okoroji and COSON has been collecting your royalties for your songs played on radio and TV, whether you belonged to COSON or not. So if your music has been played even only once on radio, Tony Okoroji has collected your royalty. Pls ask him “where is my money!”

    And while Okoroji has not responded to Banwo, a board member of COSON, Azeezat Queen of Love took to Facebook to add her voice to the drama, calling Banwo a “troll” as well as labelling MCSN helmsman, Mayo Ayilaran as not trustworthy.

    “I had seen a video of him (Banwo) evading the offices of the Copyright Society of Nigeria (and) I went to comment why he would do that,” said Azeezat

    “After all there are various very dignified machineries for addressing differences of opinion. As a lawyer he should know better.

    “In order to correct some notions I tried looking for my comment, couldn’t find it anywhere. Deleted. What are you afraid of Mr Banwo?

    “But he comes to my timeline & starts spewing invectives.

    “Mr Ope Banwo I am not afraid of you and your threats.

    “You’re so full of it. I am even feeling annoyed with myself for dignifying your stupidity with an answer. But silence can sometimes mean obeisance, so I’ll do this just once.

    “Try walking into MTN office to film without permission, and see what happens to you. Cos you say you’re a stakeholder (rather questionable) so you can walk into COSON office uninvited, without prior notification & then start filming. No sir, its never done. Except of course, you’re looking for trouble.

    “We know what your problem is, really. Cos you’ve all been found out. And soon and very soon it will be judgement day!

    “7 criminal cases against Mayo Ayilaran, and you want to trust him with collecting music royalties on behalf of Nigerian artistes, who does that?”

    Both COSON and MCSN have been at each other’s neck over the collection of copyrights royalties, and it appears the drama is just unfolding.

  • MCSN holds maiden board meeting

    THE newly licensed Musical Copyright Society of Nigeria (MCSN), last Thursday held its maiden board meeting. In attendance was United States-based legal practitioner and a member of the board, Mr. Ope Banwo, who was said to have flown into the country just to attend the meeting.

    Banwo, who is the founder of Stingomania Records, informed that he was determined to attend the meeting because he wanted to be part of history, given the approval of MCSN by the Nigerian Copyright Commission (NCC) to operate as a Collective Management Organisation (CMO) after 24 years of intense struggle.

    Director General of MCSN Mr. Mayo Ayilaran is seen in a photograph with Banwo and Mr. Salman, a lawyer with Banwo’s chambers, brandishing the NCC’s certificate of approval.

    Recall that recently, the Federal Government, through the Attorney General of the Federation and Minister of Justice, directed the NCC to issue, with immediate effect, a license to the MCSN to operate as a collecting society for the purpose of the Copyright Act.

    Meanwhile, Chief Tony Okoroji, Chairman of Copyright Society of Nigeria (COSON), last week, dismissed the approval of MCSN as a joke. In his view, the laid down processes for the approval of a CMO in Nigeria were not followed.

    Okoroji, who is a former president of PMAN, insisted that no process whatsoever was followed in granting MCSN its license.

    He queried: “Did MCSN send an application to the NCC in the prescribed form as required under the Regulations? The answer is a blatant NO.

    “Did MCSN pay the prescribed fee to the federal government as required under the Regulations? The answer again is a blatant NO.

    “Has MCSN shown anyone the proof of payment of the prescribed fee? The answer of course is another blatant NO.”

    He also claimed that MCSN did not submit the many documents required by the NCC under the regulations which documents are required to be evaluated before the grant of any approval.

    Okoroji alleged that the much talked about approval of MCSN Ltd, is a product of a conspiracy between MCSN’s helmsman, Mayo Ayilaran and some AGF’s Media Assistants at the Federal Ministry of Justice.

  • Knocks for Mayo Ayilaran, MCSN at COSON event

    Knocks for Mayo Ayilaran, MCSN at COSON event

    Following the World Intellectual Property Day which held yesterday, it was a celebration of the successes recorded by the Copyright Society of Nigeria (COSON), a Collective Management Organisation (CMO), which has existed for a decade – the latest being the new ultra- modern COSON House to be commissioned on May 20, 2017.

    Chairman of COSON, Chief Tony Okoroji while addressing a press conference at the society’s current Opebi, Lagos office, said proudly that, “we did not get one Naira-assistance from the federal government or any Nigerian government at all to finance COSON House. We did not get one dollar from any donor agency or any foreign institution to build COSON House. It is also instructive that we did not take a loan of any type from any bank to finance COSON House. I am proud to say that when the ultra- modern COSON House is commissioned on May 20, we will not be owing a penny on the building or on any of the facilities contained therein. The building and facilities within COSON House fully belong to musicians across Nigeria and other stakeholders in the music industry, forever without any encumbrance whatsoever.”

    He averred that, “When says that things are not working in this country, we can boldly look at them in the face and say ‘COSON is working’”.

    But the media event was not just about the success stories of the agency, which has been touted as the ‘sole collective management organization’ in the country. Okoroji frays the purported orders of the Attorney-General of the Federation that Musical Copyright Society of Nigeria Ltd (MCSN) be approved as another collecting society.

    Okoroji dismissed the purported approval of MCSN as a joke, saying the laid down processes for the approval of a collective management organization in Nigeria were not followed.

    In the words of the former president of PMAN, “It is not just that due process was not followed, no process whatsoever was followed. This is like building something on nothing. It cannot stand.”

    He queried: “Did MCSN send an application to the NCC in the prescribed form as required under the Regulations? The answer is a blatant NO.

    “Did MCSN pay the prescribed fee to the federal government as required under the Regulations? The answer again is a blatant NO.

    “Has MCSN shown anyone the proof of payment of the prescribed fee? The answer of course is another blatant NO.

    “Did MCSN submit the many documents required to be submitted to the NCC under the regulations which documents are required to be evaluated before the grant of any approval.  The answer once again is an unqualified NO.”

    Okoroji alleged that the much talked about approval of MCSN Ltd, is a product of a conspiracy between MCSN’s helmsman, Mayo Ayilaran and some AGF’s Media Assistants at the Federal Ministry of Justice.

    He reasoned that the alleged conspirators took advantage of the fact that “the Honourable Attorney-General of the Federation, Mr. Abubakar Malami is an incredibly busy public officer with scanty knowledge of the history of the copyright system in Nigeria.”

    COSON is therefore demanding for the immediate withdrawal of any letter or document suggesting or purporting that MCSN) has been approved to collect royalties on behalf of musicians and other music industry stakeholders.

  • At last, MCSN gets licence as collecting society

    At last, MCSN gets licence as collecting society

    The Nigerian Copyright Commission (NCC) has heeded the directive the Attorney General and Minister of Justice, Abubakar Malami (SAN) to give approval to Musical Copyright Society Nigeria (MCSN) to allow it operate as a Collective Management Organisation (CMO).

    In the letter dated April 3, 2017, reference NCC/DG/074/X11/574 and signed by the Director General of NCC, Mr. Afam Ezekude, and received by MCSN April 7, 2017, the Commission referred to the directive of the Minister, of March 22, 2017 pursuant to Section 50 of the Copyright Act, Cap C28, LFN 2004 to convey the Commission’s approval to MCSN to operate as CMO for musical works and sound recordings in Nigeria.

    The MCSN in 2009 applied to the NCC for it to be approved as Collecting Society, but was deprived.  MCSN approached the Federal High Court to quash the decision, just as it approached the National Assembly which directed its joint committees on Justice and Judiciary to look into the matter.

    The Joint Committees conducted an investigative Public Hearing at which it was established that MCSN was unjustly refused approval and the National Assembly passed series of resolutions, one of which was the directive to the NCC to approve/license MCSN to operate as a collecting society forthwith, all to no avail.

    The administration of President Muhammadu Buhari provided a fresh listening opportunity, and MCSN once again took its complaint to the Attorney General of the Federation, who after another round of investigations, agreed with the findings and resolution of the National Assembly and directed the NCC to “issue with immediate effect, an approval by way of licence to MCSN Ltd/Gte to operate as a collecting society for the purpose of the Copyright Act.

  • Federal Govt grants MCSN licence to operate

    FOLLOWING an extensive investigation into the refusal of the Nigerian Copyright Commission (NCC) to approve Musical Copyright Society of Nigeria (MCSN) as a collecting society, the Federal Government, through the Attorney General of the Federation and Minister of Justice, has directed the NCC, to “issue with immediate effect, an approval by way of license to the MCSN to operate as a collecting society for the purpose of the Copyright Act.”

    In the directive, the AGF stated that from his findings, he agrees with the resolutions of the National Assembly that; “the continued refusal to register the MCSN is casting the Commission as having compromised and pursuing only the interest of a particular section of the industry.”

    The directive further states; “In considering applications for grant of license under the Act and its regulations, the Commission should desist from giving consideration to extraneous matters.

    “The Copyright Act should be subject to review.”

    Following the findings, the AGF thereby invoked the power conferred on him by Section 50 of the Copyright Act and as the Chief Law Officer of the Republic directed the NCC to comply with his earlier directive to issue with immediate effect, an approval by way of licence to MCSN to operate as a collecting society.

    The Minister further directed the “NCC to withdraw any pending cases/appeals, criminal or otherwise instituted by the Commission in all courts.”

    When contacted for his reaction, the Chairman of MCSN, Orits Williki, stated that he was short of words. He further expressed gratitude to the Honourable Minister and the administration of President Muhammadu Buhari.

  • At last! NCC to license MCSN as collecting society

    At last! NCC to license MCSN as collecting society

    Following an extensive investigation into the refusal of the Nigerian Copyright Commission (NCC) to approve Musical Copyright Society of Nigeria (MCSN) as a collecting society, the Federal Government, through the Attorney General of the Federation and Minister of Justice, has directed the NCC, to “issue with immediate effect, an approval by way of license to the MCSN to operate as a collecting society for the purpose of the Copyright Act.”
    In the directive, the AGF stated that from his findings, he agrees with the resolutions of the National Assembly that; “the continued refusal to register the MCSN is casting the Commission as having compromised and pursuing only the interest of a particular section of the industry.”
    The directive further states; “In considering applications for grant of license under the Act and its regulations, the Commission should desist from giving consideration to extraneous matters.
    “The Copyright Act should be subject to review.”
    Following the findings, the AGF thereby invoked the power conferred on him by Section 50 of the Copyright Act and as the Chief Law Officer of the Republic directed the NCC to comply with his earlier directive to issue with immediate effect, an approval by way of licence to MCSN to operate as a collecting society.
    The Minister further directed the “NCC to withdraw any pending cases/appeals, criminal or otherwise instituted by the Commission in all courts.”
    When contacted for his reaction, the Chairman of MCSN, Orits Williki, stated that he was short of words. He further expressed gratitude to the Honourable Minister and the administration of President Muhammadu Buhari.
  • Court adjourns trial of MCSN, officers

    Court adjourns trial of MCSN, officers

    A Federal High Court Judge sitting in Lagos, Mrs. Olateregun-Ishola, has adjourned the trials of Musical Copyright Society of Nigeria (MCSN), its CEO, Mr. Mayo Ayilaran and six other officers of the society, accused of operating an illegal copyright collecting society, to March 28 and 29, 2017.

    The trials which are in three separate cases, earlier slated for Monday, January 30, 2017 were rescheduled due to the absence of an MCSN staff, Miss Gladys Njoku, in court.

    The prison authorities failed to bring Njoku to court, who, along two others; Mr. Halim Mohammed and Mr. Olukayode Ajayi, have remained in remand due to their inability to perfect their bail conditions since October 26, 2016 when they were granted bail by the court.

    Other officers of the society who were in court include, MCSN’s CEO, Mr. Mayo Ayilaran, his deputy, Mr. Louis Bassey Udoh and two other officers of the organisation, Miss Omolari Banjo and Mr. Yusuf Benson.

    When the case was called on Monday, January 30, Defence counsel Mr. Wale Adesokan SAN sought to move an application for an order directing the Nigerian Copyright Commission to release the equipment, files, documents and all materials seized from the MCSN office during an NCC raid in 2012, in accordance with the earlier judgment of Justice Mohammed Yunusa delivered on March 18, 2013.

    According to Mr. Adesokan, the materials were required for the defense of the defendants. But the prosecution team objected, saying that the judgement of Justice Mohammed Yunusa had been completely set aside by the Court of Appeal in its unanimous judgment of October 19, 2016.

    Adesokan who reportedly expressed ignorance of the Court of Appeal judgment withdrew his application when handed a copy of the judgment.

    The Nigerian Copyright Commission had in FHC/IKJ/CR/18/2012, FHC/IKJ/CR/19/2012 and FHC/IKJ/CR/20/2012 brought three different cases against Musical Copyright Society Nigeria (MCSN) and seven of its accused officers for performing the duties of a collecting society without the approval of the Commission.

  • Court adjourns trial of MCSN, officers

    Court adjourns trial of MCSN, officers

    A Federal High Court Judge sitting in Lagos, Mrs. Olateregun-Ishola, has adjourned the trials of Musical Copyright Society of Nigeria (MCSN), its CEO, Mr. Mayo Ayilaran and six other officers of the society, accused of operating an illegal copyright collecting society, to March 28 and 29, 2017.
    The trials which are in three separate cases, earlier slated for Monday, January 30, 2017 were rescheduled due to the absence of an MCSN staff, Miss Gladys Njoku in court.
    The prison authorities failed to bring Njoku to court, who, along two others; Mr. Halim Mohammed and Mr. Olukayode Ajayi have remained in remand due to their inability to perfect their bail conditions since October 26, 2016 when they were granted bail by the court.
    Other officers of the society who were in court include, MCSN’s CEO, Mr. Mayo Ayilaran, his deputy, Mr. Louis Bassey Udoh and two other officers of the organization, Miss Omolari Banjo and Mr. Yusuf Benson.
    When the case was called on Monday, January 30, Defence counsel Mr. Wale Adesokan SAN sought to move an application for an order directing the Nigerian Copyright Commission to release the equipment, files, documents and all materials seized from the MCSN office during an NCC raid in 2012, in accordance with the earlier judgment of Justice Mohammed Yunusa delivered on March 18, 2013.
    According to Mr. Adesokan, the materials were required for the defense of the defendants. But the prosecution team objected, saying that the judgement of Justice Mohammed Yunusa had been completely set aside by the Court of Appeal in its unanimous judgment of October 19, 2016.
    Adesokan who reportedly expressed ignorance of the Court of Appeal judgment withdrew his application when handed a copy of the judgment.
    The Nigerian Copyright Commission had in FHC/IKJ/CR/18/2012, FHC/IKJ/CR/19/2012 and FHC/IKJ/CR/20/2012 brought three different cases against Musical Copyright Society Nigeria (MCSN) and seven of its accused officers for performing the duties of a collecting society without the approval of the Commission.