IT’S no news that for over two decades, there has been a tussle over the collection of royalties in Nigeria between the Tony Okoroji shepherded Copyright Society of Nigeria (COSON) and the Orits Wiliki and Mayowa Ayilaran’s managed Musical Copyright Society of Nigeria (MCSN) as a Collective Management Organisation – the organisation that collects royalties on behalf of recording and performing artistes.
To put an end to the lingering dispute, the Nigerian Copyright Commission (NCC) recently faulted COSON claims over the right to collect music and sound recordings in Nigeria, saying such right belongs to the MCSN only.
NCC in a statement by its Director of Public Affairs, Vincent Oyefeso said, “For the avoidance of doubt, the only CMO with approval to operate as a CMO in music and sound recordings in Nigeria in accordance with the provisions of the Copyright Act (Cap C28, Laws of the Federation of Nigeria) is the Musical Copyright Society of Nigeria (MCSN)”
He explained that the approval earlier granted to COSON lapsed with effect from May 19, 2019 and it has not been renewed.
“This position was upheld by the Federal High Court, Lagos, in Suit No. FHC/l/CS/425/2020 when the court ruled on 1st December 2021 that COSON was not entitled to the relief of an injunction to restrain the Commission from revoking its operating licence because the licence that it sought to preserve had lapsed.
“Although in line with the provisions of the Copyright Act and the Copyright (Collective Management Organisations) Regulations, 2007, COSON applied in 2019 for the renewal of its licence, it refused to comply with the terms stipulated by the Commission as the regulatory agency, including submission to an independent forensic audit of its accounts.
“However, this serves as notice to owners, users, corporate bodies and the public on the status of COSON and that certain principal officials of the company (by whatever name called) are being investigated for criminal infractions under the Copyright Act. Therefore, anyone dealing with them as a CMO would be doing so at their own risk.
“Anyone that receives a demand for royalties from COSON or has any other information that may help the ongoing criminal investigation should please report to the nearest office of the Nigerian Copyright Commission for further action,” the statement read.
The NCC granted MCSN the Collective Management Organisation right for the Nigerian music industry, but COSON is not comfortable with that decision. NCC further reaffirmed its decision with its recent grant of MCSN’s renewed license to continue to operate as a CMO in accordance with the Copyright Act, Cap C28 Laws of the Federation of Nigeria.
Not pleased with the proclamation, COSON through its General Manager, Bernice Ashibuogwu, recently stated that NCC does not have any power under the Nigerian law to make such proclamation or empowerment.
She accused the NCC of trying to take over the operations of COSON. She warned those paying MCSN for the use of works in the COSON repertoire to continue to do so at their own risk.
COSON was the first to be granted permission by the NCC to operate as CMO in 2010, but the MCSN dragged them and the Corporate Affairs Commission (CAC) to court over the CMO right and the registration of the name ‘COSON’ under the CAC.
The court in its ruling held that COSON was illegally approved by CAC, and cannot lay claims to the name. It was stated that MCSN was the first to reserve the name COSON with the CAC before the Performing Mechanical Rights Society (PMRS) approached CAC for a change of name to COSON.
The court also made it clear that PMRS’s operation is restricted to musical rights, so it cannot use COSON, which encompasses rights arising from literature, arts, music, drama, cinematography, broadcast, and computer.
Notwithstanding the court ruling, COSON has continued with its operation but its licence to operate CMO was revoked by NCC, following a lingering factional dispute in the governing board of the organisation.
NaijaTimes checks revealed that the internal crisis within COSON has led to some core members like the veteran singer, Onyeka Onwenu, revoking their membership and joining MCSN.
The Battle For Royalties
MCSN’s Head of Media, Halim Mohammed in a recent statement, said Onwenu blamed COSON for the alleged mismanagement of funds of musicians.
“I am honoured to be here, MCSN is home. I should have been here earlier but we felt that we could put things in order at COSON,” the statement quoted Onwenu.
The elegant stallion as Onwenu is also referred to, said she was dead wrong because, “in a situation where one man thinks he knows it all, the result is the mess COSON is today.
“COSON is dead as a collecting society. It has no approval to operate as a collecting society and any corporate body or organisation that pays money to them for the use of music does so at its own risk because musicians will come after them for their monies,” the statement further quoted the actress, human right/social activist, journalist, and politician as saying.
She stated that since joining COSON 11 years ago, she is yet to be paid a dime coupled with the mismanagement of musicians’ funds by the organisation which led to her decision to leave for MCSN.
“It was a one-man show at COSON where millions of naira were awarded in contract to one man. How can one person award contracts to a company fronting for him without bidding? Who does that? It is morally wrong. I said no, it is morally wrong.
“For this stand, I had four cases instituted against me and I had to spend my personal funds running into millions of naira defending myself in court, she revealed. Corruption is not only about the government,” the former X Factor series judge added.
The Pebble Throw
Meanwhile, the President of Music Label Owners and Recording Industries Association of Nigeria (MORAN), John E. Udegbulam in a release titled ‘When Will Orits Wiliki Apologise To The People He Has Misled?’ and published in Nairaland, an online news platform, took a swipe at Wiliki saying, “Anyone familiar with the issues can understand Mr. Wiliki’s frustration, disenchantment and despondency and why he has resorted to throwing pebbles at COSON, easily the most active, professional, transparent, accountable and stable organisation in the history of the creative industry in Nigeria.”
He stated that COSON in its years of existence “has brought thousands together, spread its tentacles across Nigeria and across the world and achieved what Orits Wiliki with his divisiveness and never-ending complaints and accusations could not do in 17 years of spineless leadership.
“From music icons like Ebenezer Obey, Victor Uwaifo, Dan Maraya Jos; wave makers such as 2Face Idibia, Banky W, Iyanya and the new stars like Chidinma, Olamide, Wizkid, Dammy Krane, they can all be found in COSON. Almost every major record label in Nigeria is affiliated to COSON. And so Wiliki is whining!
“For about 17 unbroken years, Orits Wiliki, as chairman of Mayo Ayilaran’s hate group known as MCSN has deceived and misled a significant number of people in the music industry and the media with repeated boasting, chest thumping and promises none of which he has kept.”
Udegbulam noted that Wiliki who likes to posture as a democrat became Chairman of MCSN at about the time that Bill Clinton was president of the United States, Boris Yeltsin was president of Russia, John Major was prime minister of Britain and Sani Abacha was Head of State in Nigeria.
“Orits Wiliki is still Chairman of MCSN with no known election and no accomplishment. For many years Orits Wiliki and his gang denied the music industry the unity and cohesion required to effectively deal with the massive abuse of the rights of stakeholders.”
Call For Multiple Cmos
Over the years there have been calls from stakeholders in the Nigerian music industry for multiple collecting societies. This call was reiterated by Onwenu, who stated that she decided to return to MCSN because she realised that with time the stance of Mayo Ayilaran and veteran reggae music artiste, Orits Wiliki popularly known as Koolman Revolutionaire for multiple societies were right because the more the merrier.
Wiliki was recently re-elected as MCSN chairman, and stating reasons why the reggae music icon was re-elected, the Director-General/CEO of the organisation, Ayilaran, said, “It is a fact that Orits was the chairman when we were in the trenches but now we are out of it.
“What remains is the stability of the Society. So, the board members felt he should be re-elected to ensure stability of the Society going forward. As they say, you do not change a winning team.”
Some stakeholders in the industry squealed to NaijaTimes that may have necessitated the recent hosting of the Performing Rights Society (PRS for Music) United Kingdom, represented by its President, Michelle Escoffery, and Jacqueline Pelham-Leigh, the Relationship Manager, at the CCX Lounge, V/Island, Lagos by veteran industry practitioner and Now Muzik CEO, Efe Omorogbe,
Tagged ‘The Hangout’, the PRS team were in Nigeria, alongside award-winning UK-based producer, Osiki Ojo aka Ozzie, to support a songwriter Bootcamp, as well as connect with creators and key stakeholders to unlock opportunities for mutual benefit.
Discussions at the event centered on royalty collection with salient contributions from stakeholders in the music, legal, and media industry respectively, such as Edi Lawani, Charles Okogone, Aibee Abidoye, AQ, Masterkraft, M-Trill, Justin Ige, Daniel Anaza, Tony ‘Don T’ Anifite, Helen Emoh Abutu, Joey Akan, Eleesha, GYC, and Tony Green amongst other guests.
With 160,000 members, 30million works and £677million to rights holders to justify its essence of existence, PRS for Music, formerly MCPS-PRS Alliance Limited, is a British music copyright collective made up of two collection societies – the Mechanical-Copyright Protection Society (MCPS) and the Performing Right Society (PRS).
Speaking at the event, Escoffery said the PRS UK team was in the country to sensitise Nigerian acts and creatives on the need to belong to the rights management society so they can have access to their money lying fallow all over the world.
“Music wouldn’t exist without the work of songwriters, composers and publishers. As a body we represent them and ensure that they are rewarded for their creations. We ensure that royalties are paid to our members for the use of the works while we also protect the future of music through partnerships, technology and influencing policies.
“We work closely with our network of international societies to capture information on the use of members’ music outside of the UK. This works perfectly when as a member of PRS, you are able to tell us about any use of your music overseas. You will be paid. However, you could be missing royalty payments in your distribution if your work hasn’t been fully registered.”
Gain for PRS
According to Udegbulam, also a director in COSON, when the organisation sought the membership of Confédération Internationale des Sociétés d’Auteurs et Compositeurs (CISAC), an international non-governmental, not-for-profit organisation that aims to protect the rights and promote the interests of creators worldwide, Wiliki and co sent letters around the world and vehemently opposed it.
“To their chagrin, COSON was admitted into the membership of CISAC. When COSON sought to enter into a reciprocal representation agreement with PRS for Music of the UK, Wiliki and friends were up in arms.
“Today COSON does not just have a reciprocal agreement with PRS for Music of the UK, COSON has signed multiple reciprocal agreements mandating it to represent the music repertoire of about 100 collective management organisations in every continent in the world including the US music repertoire and the music repertoires of such countries as South Africa, Kenya, Malawi, Benin, Togo, France, Germany, Sweden, Norway, Denmark, Japan, Jamaica, Brazil, Finland, China, Australia, Netherlands, Hong Kong, Cuba, Canada, India, Spain, Argentina, etc.
“In other words, COSON represents practically the entire world of music in Nigeria and by these agreements the music of Nigerian artistes is now administered across the world by COSON partner CMOs.”
