COLLECTING SOCIETIES IN MUSICAL WORKS OF COPYRIGHT: AN ANALYSIS

Abstract

Collecting societies or Collection Management Organisation (CMO) have existed since 1852 though triggered in 1847 with the birth of Société des auteurs, compositeurs et éditeurs de musique (SACEM), the French Performing Right Society. Its administrative idea was conceived in musical works when individual collection of royalties by copyright holders from hotels, clubs, TV and radio stations, malls, transport facilities, etc, is not practicable. Copyright holders then began assigning their rights to CMO to function in their stead. Generally, Nigeria, has about four of such, duly licensed by the Nigeria Copyright Commission (NCC) to operate and collect royalties on behalf of their members, viz; Performing and Mechanical Rights Society (PMRS), Reprographic Rights Organisation of Nigeria (REPRONIG), Audio Visual Rights Society (AVRS) and the Musical Copyright Society of Nigeria (MCSN). The issue of revocation, expiration and non-renewal of licence granted Copyright Society of Nigeria Ltd/Gte (COSON) who operated in like manner as MCSN, is still subject of litigation. On whether there shall be more than one CMO for any particular class of right, a cumulative reading of the Copyright Act, Cap C28, LFN 2004, section 39 (3) ‘The Commission shall not approve another Society in respect of any class of copyright owners if it is satisfied that an existing society adequately protects the interest of that class of copyright owners’, and the Copyright (Collective Management Organizations) Regulations 2007, Chpt 4 para 18 (e) (f) on unethical practices, will suggest a discretionary power donated to the Commission. Meanwhile same Regulations in Chapt 1, para 2 captures the conditions necessary for the application and grant of CMO licence. This work is targeted to examine the concept and the roles of CMO in the administration, protection and regulation of musical works of copyright in our contemporary Nigeria, taking into cognizance the overriding administrative supervision of the NCC in ensuring adequate statutory compliance. It also made a compilation of notable collecting societies across the continents as a proof of its viability and wide global acceptability.