COSON, MCSN and legality to collect royalties

The Copyright Society of Nigeria (COSON) has debunked claims in some quarters that the Musical Copyright Society Nigeria (MCSN) has been authorized or approved to collect royalties on behalf of Nigerian musicians and other music industry stakeholders or to operate in Nigeria as a collective management organization.

A statement from COSON, signed by Communication and New Media Executive, Tolu Balogun, said that COSON Chairman, Chief Tony Okoroji, who addressed a press conference in Lagos, was emphatic that MCSN has no such approval.

According to him, MCSN even went to court to challenge the registration of COSON by the Corporate Affairs Commission CAC and lost.

“MCSN went ahead to challenge the constitutionality of the provisions of Section 39 of the Copyright Act which prescribes only one approved CMO for each class of works arguing that the provisions of Section 39 abridged their rights to freedom of association.

“In Suit No. FHC/L/ CS/478/08, MCSN sought a declaration that Section 39 of the Copyright Act is unconstitutional, null and void. Justice I.M. Sani of the Federal High Court disagreed with them. They lost. They appealed Justice Sani’s decision. In Appeal No: CA/L/575/09, the Court of Appeal in another unanimous judgment vehemently disagreed with MCSN ruling that the provisions of the Copyright Act are constitutional. MCSN once again lost.