The Nigerian Copyright Commission (NCC) has advised all Disc Jockeys (Deejays) who publicly perform music to obtain a license from the Musical Copyright Society Nigeria Ltd/Gte (MCSN) the only Collective Management Organization(CMO) for music or be prepared to go to jail for five years.
In a copyright advisory just released by the regulator, the NCC warned all Deejays who perform or communicate music to the public to obtain a licence from rights holders or their approved CMOs.
The advisory stated that, “under section 9 and 12 of the Copyright Act 2022, the owner of copyright in a musical work or sound recording has the exclusive right to reproduce, perform or communicate it to the public. Engaging in any these acts without the owner’s authorization constitutes an infringement under the Act. Such infringement may constitute a civil or a criminal offence under section 44(7), punishable upon conviction by a fine of not less than N 1000,000.00 (One million naira) or imprisonment for a term of not less than five (5) years or to both.”
The public performance of music by a Deejay, whether at hotels, event centres, clubs, gardens, or recreational facilities, constitute both a public performance and a communication to the public of the musical work and sound recording as provided under the Act, the advisory further stated.
Accordingly, the NCC advised Deejays to obtain appropriate licences and pay royalties to the approved Collective Management Organisation (CMO), prior to engaging in such performances.
“And for the avoidance of doubt, the approved CMO for musical works and sound recording in Nigeria is the Musical Copyright Society Nigeria Ltd/Gte (MCSN),” the advisory signed by the Director General of NCC stated.
It stated that the Commission is aware that the Deejays Association of Nigeria (DJAN), as an umbrella body representing Deejays in Nigeria, has entered into a Memorandum of Understanding(MoU) with MCSN.
Under the arrangement, DJAN is authorized to work with MCSN to facilitate the payment of royalties by Deejays nationwide, based on the tariff that DJAN had negotiated with MCSN.
“Take notice that the Commission will not hesitate to investigate, arrest, and prosecute any Deejay found to be in contravention of the Law. To this end, the Commission will be working with other relevant authorities to support the initiative of DJAN to ensure that Deejays carry out their trade in compliance with the Copyright Act.”
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