COPYRIGHT AND COLLECTING SOCIETY: THE POSITION OF THE COURT IN MULTICHOICE (NIG) LTD. V. M.C.S.N LTD/GTE (2020) 13 NWLR (PT. 1742) CA 415

Abstract

Ideally, it is the primary responsibility of owners of works of copyright to use the safeguards provided for by the law to protect such works against infringers. Artistes should be able to manage and administer the use and exploitation of their right in any song or track. Ability to know when these songs with wide coverage is broadcasted or played either in shopping malls, restaurants, stadiums, nightclubs, television and radio stations, etc., within the country is an issue. Neither is it practicable for users to easily approach copyright owners for each of the songs or sound recordings to secure the requisite licenses for use This article focuses on copyright works using the music industry as a case, and the fact that some of the exclusive rights cannot be administered individually hence the need for collecting societies. It mainly considers the decisions of the Court of Appeal in Multichoice (Nig) Ltd. v. Musical Copyright Society of Nigeria (MCSN) Ltd/Gte (2020) 13 NWLR (Pt. 1742) p. 415, wherein the categories of person who may sue for infringement of works of copyright was settled; that not only a collecting society, duly l icensed or exempted by the Nigerian Copyright Commission can sue or demand and receive royalties on behal f of copyright owners and distribute same . That assignees of works under contracts concluded even before the enactment of copyright Act, is entit led to royal ties in respect of the exploitation of the assigned works. Due consideration was given to the judgment and reasons of the Appeal court subject however to the position the Apex court may take on final appeal. The work which adopted doctrinal method of research methodology is concluded by making case that approval or exemption of licences by the Nigeria Copyright Commission should not deter stakeholders in exploiting the new position that encourages making strong cases for owners of musical works either as an assignee or exclusive licencee.