Lessons for MCSK from Nigeria: Music Copyright Society of Kenya Must Administer Rights Even Without Government License

MCSK royalties music kenya

“…there has been a bickering and attendant judicial skirmish over who is the sole Collector in Nigeria, at the time of penning this piece, the Copyright Society of Nigeria (COSON) seems to be recognized as such. However, it is an anomaly in my opinion as there could be more bodies to administer Royalty collection. In all honesty, it is doubtful if a sole collecting society can effectively subdue the difficulties experienced in the administration of Royalty collection and the Publishing industry in Nigeria.” —Mr. Akinyemi Ayinoluwa “@akinyemilaw”, Nigerian IP lawyer and blogger

It is reported that on 28th May 2013, employees of the Music Copyright Society of Nigeria (MCSN) will once again be in court facing charges of operating as a collecting society without the approval of the government regulator, Nigeria Copyright Commission (NCC). However in civil court, the latest judgment handed down by the Nigerian Federal High Court was against the Nigerian Copyright Commission (NCC), with respect to its decision and actions against MCSN. The Court on 18 March 2013 declared the actions of the NCC against MCSN as unlawful and unconstitutional and reaffirms an earlier judgment of the Court which declared Section 39 of the Nigerian Copyright Act upon which the NCC relied in taking its decisions on collective management of rights, unconstitutional, null and void.

A copy of the judgment made by the Court in this matter is available here.

Similarly in Kenya, the Music Copyright Society of Kenya (MCSK) and the government regulator, Kenya Copyright Board (KeCoBo) have not always seen eye-to-eye on certain aspects of collective management of copyright in Kenya. This apparent tension culminated in the deregistration of MCSK as a collecting society by KeCoBo in 2011. The decision by KeCoBo to renew MCSK’s license was made in mid-2012 which means that its license will be up for renewal again soon. Under section 46 of the Copyright Act of 2001, KeCoBo has the responsibility of licensing and supervising all collective management organisations (CMOs) in Kenya. KeCoBo has come up with its guidelines for licensing of CMOs and renewal of licenses for CMOs available here.

For the purposes of our present discussion, let us look closely at the above recent judgment in MCSN & 7 Ors vs. NCC & 4 Ors Suit No. FHC/L/CS/1163/12.

Read the rest of this article on the CIPIT Law Blog here.

Advertisements

One thought on “Lessons for MCSK from Nigeria: Music Copyright Society of Kenya Must Administer Rights Even Without Government License

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s