Alleged Non-Remittance: MCSN Asks Court to Stop COSON from Collecting Royalties

The Musical Copyright Society Nigeria (MCSN) has prayed the Federal High Court sitting in Lagos, to stop the Copyright Society of Nigeria (COSON) and its Chairman, Chief Tony Okoroji or their agents, servants from licensing, collecting royalties or dealing with musical works, sound recording and other ancillary works or rights in its (MCSN) repertoire.

MCSN sought this relief in a suit filed against COSON and Okoroji, over allegations of non-remittance of royalties collected on its repertoire.

MCSN is a collective society, recently given recognition by the Federal Government, after many years of legal battle.

In the suit marked FHC/L/ CS/1172/17 and filed through its lawyer, Dada Awosika, MCSN accused Okoroji of ignoring its letter dated May 26, 2017, in which he (Okoroji), was requested to account for monies collected on MCSN repertoire.

MCSN is seeking a declaration, that it is entitled to an account of monies/royalties collected by the defendants, namely, the Copyright Society of Nigeria (COSON) and its Chairman, Chief Tony Okoroji on its copyright repertoire from 2010 till date, and at any other time at all by the defendants and their predecessor in title.

The plaintiff (MCSN) also wants the court to compel COSON and its predecessor in title, to account for all monies collected on behalf of its members, assignors, exclusive licensors and affiliates, as well as money collected for the exploitation of its repertoire since 2010 and before.

The plaintiff is praying the court to give an order directing the defendants to avail, furnish and deliver to it, a detailed account of monies/royalties they have collected on its copyright repertoire from 2010 till date and at any other time at all.

MCSN further sought an order of court, compelling COSON to remit and or pay over all the accounted monies /royalties due to the plaintiff, forthwith.

In the 36-paragraph statement of claim with exhibits attached thereto, MCSN averred that notable Nigerian music authors, composers and publishers including late Moses Adeolu-Akinsanya (Baba Eto), Barrister Fatai Oladele Giwa and 129 others and international copyright holders; namely the Performing Right Society Limited (PRS) and the Mechanical-Protection Copyright Society Limited (MCPS) both of the United Kingdom were their promoters and members, and they and their successors-in-title, remain their incorporated members and subscribers to the Article and Memorandum of Association till date.