The reformation initiative for collective administration of copyright in Nigeria which commenced about the end of 2006 culminated in the issuance of a new regulation480 for collective management organizations in Nigeria. The reform not only brought about the issuance of the regulation but by virtue of the regulation481 and an application process that ensued, the Copyright Society of Nigeria (COSON) obtained approval from the Nigerian Copyright Commission and emerged as the sole collective management organization for musical
480
On the 28th of September, 2007, the Copyright (Collective Management Organisation) Regulation 2007 was issued. It wasn’t until the 3rd of October 2007 however that it was published in the official gazette as No.98 of Vol 94.
481
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works and sound recordings in Nigeria482. The approval granted COSON was heralded with jubilations in the Nigerian entertainment industry483 and has been credited to team spirit, made possible by synergy built between different interest groups in the Nigerian entertainment industry to ensure that the approval was obtained.484 By the 20th
of May 2010 when COSON was approved, the new collective management organisation regulation had been publicly put to use and its regulatory powers over the collective administration sector in Nigeria had been asserted.
The application process was thrown open to the entire public by public notices calling for indications of interest485, an invitation to submit actual applications486 and an extension of the deadline for submissions487. At the
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2010-05-24 Monday The Guardian 3
483
See http://www.cosonng.com/stakeholders.html Date of use: 4th May 2012 where Tony Okoroji delivered a lecture at the Intellectual Property Law Association of Nigeria on Monday, 27th September 2010 at the Lagos Boat Club and said, “The COSON approval received wide jubilation from music industry stakeholders across the country. Quite a bit of champagne was popped to celebrate what many of us consider a historic event”; and the words of Hon John
Ewelukwa Udegbunam who said, “The Nigerian Music Industry Coalition wishes to reaffirm
its 100% support of the Federal Government approval of COSON, one of the most important developments in the Nigerian entertainment industry in the last fifty years”.
484 Ibid, where Okoroji noted that “for the first time in the history of the industry, nine key
national associations, including Performing Musicians Association of Nigeria (PMAN), Nigerian Association of Recording Industries (NARI), Music Label Owners & Recording Industries Association of Nigeria (MORAN), Association of Music Business Professionals (AMB. PRO), Performing & Mechanical Rights Society (PMRS}, etc, came together to request the approval of COSON. It gave the application a very big voice”. See also Efe Omoregbe’s comment when he said, “The coalition is a result of this conclusion that all of us - the "militant' stake-holders- have arrived at. COSON is a child of this coalition. COSON is the pathway to the resolution. Parochial interests within and without will try to subvert the process but they will fail because if there's one thing I am dead sure about, it's the fact that the people of the Nigerian music industry are TIRED of this RUBBISH - all the CMO, piracy rubbish MUST be cleared out. And the time is NOW.”
485
2008-12-29 Monday, The Guardian
486
2009-06-24 Wednesday, The Guardian
487
2009-08-27 Thursday, The Guardian. See also the report of the CMO Assessment Committee where it was noted that “following a representation to the Commission by certain
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expiration of the extended deadline, three applications had been received from three interested organisations, namely; Wireless Application Service Providers Association of Nigeria LTD/GTE (WASP), Musical Copyright Society Nigeria (LTD/GTE) (MCSN) and Copyright Society of Nigeria (LTD/GTE) (COSON). The Nigerian Copyright Commission in considering the application empanelled an in-house committee to assess the applications against the requirement of the Act, regulations and the general public interest. The Committee met severally and made site visitations to the offices of the interested organisations. The Committee took cognizance of the need to set parameters for the consideration of the applications and was guided by the following:
i. “That applications would be considered for approval based on the statutory requirements for approval to function as a Collecting Society under the Copyright Act and the Regulations.
ii. That beyond the statutory requirements, the Committee shall consider provisions in the internal rules of the applicants with a view to determining:
a. if such will promote transparent management of the Society; b. if the Society guaranty participation of all categories of right
owners in the music industry without discrimination; and
c. if the provisions are in any way contradictory or contrary to the provisions of the Copyright Act or the Regulations.
iii. That the approval of the society would be in the overall national interest.”488
Based on the above and after due consideration COSON emerged as the approved organisation and consequently the sole collective management organisation in Nigeria for Musical works and Sound Recordings. It should be stakeholders in the music industry led by the Performing Musicians Association of Nigeria (PMAN) and other stakeholders, the Commission extended the deadline for submission of applications, from July 24th 2009, to December 31st 2009”.
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noted that COSON is not the sole collective management organisation in Nigeria, as another collective management organisation already existed in respect of literary works489. COSON’s approval gives it sole authority to administer rights in Music Works and Sound Recordings.490