MCSN Floored Again At The Court Of Appeal

Mayo Ayilara, MCSN D. G.

The aspiration of the Musical Copyright Society of Nigeria (MCSN) to secure approval to function as a collecting society in Nigeria may have hit a dead end as the Court of Appeal holds that the Provisions of the Copyright Act Requiring the Approval by the Copyright Commission of a CMO are Constitutional.

The hope of Musical Copyright Society Nigeria (MCSN) that the Court of Appeal would provide it a lifeline to continue operating as a collective management organization in Nigeria was dashed on Friday, October 21, 2016 as the Court of Appeal sitting in Lagos threw out the appeal filed by MSCN against the judgment of Justice I. M. Sani of the Federal High Court delivered on April 3, 2009.

It will be recalled that following the refusal of the Nigerian Copyright Commission (NCC) to approve MCSN as a collecting society, MCSN went to court against the NCC in Suit No. FHC/L/CS/478/2008 seeking among other reliefs a declaration that Sections 17 and 39 of the Copyright Act are unconstitutional, null and void. MCSN also sought a declaration that it does not require a license from the NCC to carry on the business of ‘the exploitation of rights validly and legitimately acquired by the Applicant’

Upon hearing the case, Justice I. M. Sani completely disagreed with MCSN. The learned jurist said, ‘I am of the view that the fundamental question to be asked is whether the provisions of section 17 and 39 of the Copyright Act 2004 circumscribe the applicant’s fundamental right as guaranteed under Section 40 and Section 44 of the Constitution’. The court held that the requirement that MCSN obtain a license before operating as a CMO does not amount to compulsory acquisition of its property and dismissed the case.

Dissatisfied with the decision of Sani J., MCSN headed to the Court of Appeal with Appeal No: CA/L/575/2009 where the organization also met a brick wall.

In a unanimous judgment of the Court of Appeal Lagos delivered on October 21, 2016, the Court dismissed the MCSN appeal. In the lead judgment delivered by Anyanwu J.C.A, the court held that the provisions of the Copyright Act do not violate any constitutional rights reserved for MCSN. It also held that the suit filed by MCSN was incompetent and awarded a cost of fifty thousand naira (N50,000) in favour of the Nigerian Copyright Commission.

Reacting to the judgment, Chief Tony Okoroji, Chairman, Copyright Society of Nigeria (COSON), said ‘I am proud of the consistency of the Court of Appeal on this matter. The recent decision in MCSN v NCC is on all fours with the earlier decisions of the court in MCSN v CDT and MCSN v. Details.

‘Even the blind can now see and the deaf must have heard that MCSN whose officers are facing various criminal charges in different courts in Nigeria ought to have shut its doors and shut them permanently. Unequivocally, MCSN has no future in Nigeria. The good news is that no copyright owner in the music industry has to suffer in anyway as a result of these decisions. The doors of COSON are open and our arms spread wide to welcome the handful of copyright owners in our industry who may have been misled to stick with MCSN in the hope that the organization would be given a life line by the courts. They are welcome to join the thousands of their compatriots in COSON who are working together in building a great collective management organization that is standing firm in the defence of the rights of stakeholders within the Nigerian music industry. They are assured that there will be no discrimination or backlash whatsoever. At COSON, we are one’.

It was not immediately known if MCSN would push further with the matter up to the Supreme Court as call put to director general of the outfit, Mayo Ayilaran were said to be forwarding to another line.