REALLY, the stakeholders' broadcast summit held recently in Lagos is intended to build a unite house. And this mission was captured succinctly by Mallam Abubakar Jijiwa, Chairman, Broadcasting Organisation of Nigeria (BON), the facilitator of the summit, when in his opening remarks, he declared: 'This summit is therefore all about taking our collective destiny as an identity in our own hands.' Even the choice of Broadcasting in Nigeria: Yesterday, Today and Tomorrow as theme of the summit, he stressed, was to underscore the imperative of unity among stakeholders to move the sector forward.Jijiwa went further to say, 'At the level of BON, we have ensured a mutual relationship with other stakeholders in the broadcast industry ' the advertisers, advert agencies, the regulators, the government and its arms, our listeners and viewers, the academia, etc ' and that is why they are also participating in this summit.'Our long standing collaboration has aided mutual resolution of misunderstandings and all contending issues in the industry. We are therefore guaranteed of a bright future for the broadcast industry with adequate understanding and support from government. Today, we have finally resolved to take our collective destiny in our own hands as broadcasters.'But hardly had the curtain drawn on the summit when certain issues raised in the presentation made by Aremo Taiwo Alimi began to generate mixed feelings among certain segment of the broadcasting sector.Specifically, Aremo Alimi's take on 'payment of royalties' did not go down well with the owners of intellectual properties, particularly music which has become very important content for most broadcast stations, especially radio.In his paper, the former Director- General of Voice of Nigeria (VON) had submitted: 'The issue of payment of royalties (for intellectual properties) is germane for discussion here today. The present situation has created an unnecessary embarrassment to broadcasters in Nigeria, with only one company being requested to collect royalties.'With a lawful court judgement on the issue, I wish to ask the Nigeria Copyright Commission (NCC) two brief questions: How much should the radio or TV station pay' Which outfit should a radio or TV station pay to''The countenance of some participants inside Harbour Point, Wilmot Point Road, V/I, Lagos, venue of the summit, that afternoon suggested that Alimi's questions couldn't have been relevant in 2012 when the NCC, since May 20, 2010, had announced the inauguration of the Copyright Society of Nigeria (COSON) as the sole collecting society for musical works and sound recording.Although no official of the NCC was present at the summit to respond immediately to the charges, The Guardian later sought the clarification and the Director of Public Affairs, Sir Charles Obi responded thus:On how much shouldRadioand TV stations pay as royalties, he said, 'The rate of royalty is not fixed by the Nigerian Copyright Commission (NCC), but by the relevant collective management organization which is essentially made up of copyright owners.'Such tariffs are often determined by a number of factors including the nature of the use of copyright works; the size of the business using it or the frequency of use.'However,it is pertinent to point out that the tariffs are not arbitrary and the Commission is empowered byLaw to approve the tariffset by CMOs. Thebroadcast stations concerned should approach the collecting society for details of tariff as regards broadcast of music.'Also, the broadcast stations are also entitled in law to petition the commission where they are not satisfied with the licensing terms offered by the collecting society. In such cases, the Commission may intervene by way of Arbitration, the outcome of which is legally binding and enforceable. The decision of the Arbitration is however subject to appeal to the Federal High Court.'NCC spokesperson insisted that, 'the Copyright Society of Nigeria (COSON) is the legally approved society to collect royalties for use of music and sound recordings. The commission has made clarifications on the status of the organisation severally and in particular has issuedPublic Notices. I am also aware that the Broadcasting Organization of Nigeria to which all broadcasting stations are members, has also been officially notified of this status.'On the issue of 'a lawful court judgement' mentioned by Alimi, Obi clarified, 'It is not very clear what was meant in the text referring to a decision of court. However, the Nigerian Copyright Commission is aware that the Musical Copyright Society of Nigeria (MCSN) has severally made reference to a decision of the Federal High Court in a case it instituted against the Commission in which the courthad awarded N40 million in damages against the Nigerian Copyright Commission for unlawful arrest and detention of its (MCSN) staff and interference in the operations of the company.'The Commission had since appealed against the decision to the Court of Appeal. It is however, important to observe that prior to the said case, a Court of Appeal had inAppeal No. CA/L/787/2008:Compact Disc Technologies Ltd & Others Vs. Musical Copyright Society of Nigeria (Ltd/Gtd) (delivered on 17th March, 2010) held that the Musical Copyright Society of Nigeria (MCSN) requires the approval of the Nigerian Copyright Commission to operate as a collective management organization, and that having failed to obtain the approval or exemption of the Copyright Commission to operate as a collecting society, it lacked the locus standi to institute an action for infringement of copyright of its members.'Currently, the Commission has only granted approval to the Copyright Society of Nigeria (COSON). The MCSN has not been granted any approval and by law is not entitled to collect royalties which is a function of collective administration of copyright, an activity regulated by the Copyright Act. The decision of the Court of Appeal stands as a superior decision to that of the Federal High Court, which is often cited by the MCSN. The operation of the MCSN is illegal and in violation of the provisions of the Copyright Act as well as the clear decision of the Court of Appeal.'However, the Chief Executive Officer of MCSN, Mr. Mayowa Ayilaran drew attention to the judgement of the Federal High Court, Lagos of July 25, 2011 that declared 'the section of the Copyright Act that empowers the NCC to approve CMO with respect to MSCN unconstitutional, null and void. That is the level we are now and I believe, Aremo Alimi is referring to this judgement.'Meanwhile, Chairman, Board of COSON, Chief Tony Okoroji also faulted Aremo Alimi's point alleging that it was a calculated attempt to create confusion two years after the issue of payment of royalties had been settled legally and convincingly.His words: 'The broadcasting industry in Nigeria knows what to do. When they want a broadcast licence, they go to the National Broadcasting Commission (NBC) set up by law. When it comes to the payment for the music, which they broadcast, they pretend not to know what to do.'The Nigerian Copyright Commission set up by law has repeatedly told them to obtain their licences from COSON approved under the law. Those who have common sense have complied and can broadcast music in peace.'Those who have contempt for the musicians who produce the music which is a major raw material for their broadcast will pay a huge price for their recalcitrance. Their divide and rule tactics will no longer work. COSONis strong and will not be pushed around.'Any broadcast station which wants to work peacefully with COSON will find that we are professionals and can arrive at an agreement that suites everyone. You can quote me ' 'there is no hiding place any more for those who believe that they have a right to keep broadcasting free music.'The music is someone's property and to broadcast it without authority or compensationis stealing. That's the law. Everyday for the thief, one day for the owner of the house. With COSON, the day of the owner of the house has arrived.
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