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MCSN Goes Tough On Defaulting Users Of Musical Works …Urges Musicians To Join Body

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11 months ago

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The Musical Copyright Society Nigeria (MCSN) has said that it would continue to take legal actions against users of musical works in the country, who fail to pay the required royalties to the body.

Referring to the court case between it and Multichoice Nigeria Limited, the society said that the judgments it secured against the latter has brought some level of stability, tranquility and progress into the copyright sector.
The society also urged young and A-list musicians to join the body now rather than wait till the time they would retire or when they are no longer popular.
It was added that the “era of locust years was gradually brought to a halt, when the due process of law finally took over since about 2018 and in particular, when the apex court, the Supreme Court of Nigeria.”
These were disclosed on Wednesday at a World Press Conference addressed by the President of MCSN, Dr Sunday Adeniyi Adeyeye, MFR, who was represented by the Chairman of the society, Mr Orits Williki.
Adegeye however, said that despite the ground–breaking decisions of the appellate courts, “certain powerful users of creative works, particularly musical works and sound recordings, have continued in their divide-and-rule strategy of causing disagreements in our industry, refusing to pay due royalties and thereby denying our musicians and governments their legitimate income.”
He added that with great influence, MCSN has commenced infringement actions at the Federal High Court “against certain recalcitrant users of musical works and sound recordings in the broadcasting and hospitality industries for the unauthorised exploitation of musical works and sound recordings in their broadcasting and hospitality activities.”
According to him, one of such broadcasting outfits is the Multichoice Nigeria Limited, against which he said over N29 Billion has been filed at the Federal High Court.
The veteran musician said that it is the same company that the Federal High Court and the Court of Appeal gave judgments against and awarded damages in the sum of N5.9 billion in 2018 and 2020 respectively.
“Apart from the claim of N27.3 Billion for the actual use of musical works and sound recordings, there is also the claim of N2.05 billion for Value Added Tax (VAT) due to the Federal Government of Nigeria not to mention what would eventually go to various state governments in personal income tax.
“This goes to show that these companies are not harming only musicians, but also denying the relevant governments their share of revenue with which to deliver on their responsibilities to the citizens.
“Other broadcasters against which MCSN has proceeded have indicated willingness and readiness to negotiate and settle out of court and MCSN is happy to oblige them,” he said.
Adegeye revealed that the society has also focussed and aimed their legal actions against hotels, bars and restaurants across the federation, which he said are exploiting musical works  and sound recordings in their hospitality businesses without authorisation, not leaving out other general background music users such as supermarkets, banks eateries, etc.
He mentioned Transcorp Hotels Plc as one of such outfits, against which he said MCSN is making a claim of over N2.8 billion at the Federal High Court, Abuja.
“The horizon looks very bright for the Nigerian creative industries vis-a-vis the Government with the current posture and support of the Honourable Attorney General of the Federation and Minister of Justice, Mr Lateef Fagbemi (SAN), to the copyright and other intellectual property institutions.
“MCSN shall not relent in getting the right value for music and making users to give music its rightful due. If countries with lesser population of music creators, users and markets are reporting hundreds and billions of dollars in music copyright earnings. Nigeria should be reporting higher figures.
“From our corner, MCSN would work tirelessly to get the right value for musical works and sound recordings as the organisation is poised to connecting creativity to prosperity,” he said.
In his comments, the Director General of MCSN, Mr Mayowa Ayilaran, said that MCSN is the only body recognised to collect money on the rights of musicians.
On young and reigning musicians that have not joined the body, he said that they have tried to reach everybody in their process of operation.
“It is better for A-list artistes to join now before it is too late when they are not reigning, when they will be living on past glory. Many of them are not joining because they are not committed and we have no power to force them to join us,” he said.
On creating awareness for the society, Ayilaran said that they have been holding meetings, discussing issues and partnering with the media.
He added that they print leaflets, and other materials apart from operating a website, and using the social media handles to promote their activities.
While saying that the number of new entrants into MCSN is increasing, he said that many reigning artistes will not join until they are out of the scene.
Also speaking, the Director of the Nigerian Copyright Commission (NCC) in Lagos State, Mrs Linda Alphaeus, said that they create an environment for MCSN to thrive.
Alphaeus stressed that they would continue to collaborate with the society and that they look forward to when Nigerians musicians can live comfortably on their royalties.
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