ShareFIVE months after a judgement on March 17,2010, by the Court in Appeal No. CA/L/787 2008, ruling that MCSN, irrespective of its being the owner, lacks the legal status to initiate legal actions against NCC since it was performing the functions of a collecting society without the prior approval of the Commission, a release has pronounced the recent actions  as unlawful.

Some copyright owners and music stakeholders had stormed the AGF’s office in Abuja to protest the manner NCC had handled the registration of COSON as the sole collective society in Nigeria.

The Court reviewed its earlier decision in the suit, MCSN Ltd. Gte Vs. Adeokin Records (2007) 13 NWLR (PT.1052), by distinguishing it as inapplicable to the current case as a precedent. The Court upheld its judgment in the MCSN Vs. Adeokin suit to the effect that the 1999 Copyright Act amendment did not apply to the case. By virtue of the 1988 Copyright Act, MCSN could maintain its copyright as an owner, assignee and exclusive licensee without the approval of NCC as a collecting society.

The judgement by the Honourable Justices of the Court of Appeal, Ibrahim M. M. Saulawa, Paul Adamu Galinje and Regina Obiageli Nwodo, set aside the earlier ruling of the Federal High Court, Lagos, while also striking out the substantive claim of MCSN upheld at the lower court.

Honourable Justice J. E. Shakarho of the Federal High Court, Lagos Judicial Division, had, in a judgement on 5th August 2008 in Suit No. FHC/L/CS/713/2007, instituted on August 2, 2007, concluded that “the plaintiff has the locus standi to institute this action as an owner, assignee or an exclusive licensee of the copyright in compliance with the provisions of section 15(1) of the Copyright Act and not a collecting society as provided for by Section 32 (B) of the Act.”

Meanwhile, MCSN has reacted to NCC on the Court  judgment, saying the judgment in question, which was delivered months before NCC approved COSON as the sole collective society in Nigeria, "misleadingly suggests to the public that the judgment was concealed by MCSN.

"The said  ruling was delivered in open court before many people and lawyers, so how can MCSN be accused of keeping it secret?

"The decision of the Court being circulated by NCC and COSON only pronounced on Section 17 of the Copyright Act 2004, but did not decide on whether the NCC was right or wrong in denying MCSN approval which, of course, was not an issue before the Court of Appeal.  This is a matter pending before the Federal High Court following NCC's refusal to grant MCSN’s application for approval as a CMO on May 20, 2010. The same judgement of the Appeal Court confirmed that the right of MCSN as an owner of copyright is not denied but only delayed.

"MCSN has since appealed against the ruling at the Supreme Court, which is known to both NCC and their cohorts. There are not less than three other Court of Appeal judgements and rulings recognising the right of MCSN as owner at law in copyright, which has the capacity to sue.

"The judgment being circulated by NCC/COSON did not give any other person, whether approved as a collecting society or not, the right in the copyright belonging to MCSN, neither can any other such person institute legal action on the rights, outside the owner. 

The validity or otherwise of the Court of Appeal judgment will still be resolved through the judicial system and not through cheap campaign of dis-information and falsehood embarked upon by NCC and COSON.

They are being mischievous when they claim that MCSN has kept a court ruling done in public secret. It only shows their desperation.

Another association, Concerned Copyrights and Intellectual Property Owners (CCIPO), considers this recent review of the court injunction by NCC that MCSN cannot act without the approval of NCC as "hilarious, childish and baseless, considering that the review has no bearing whatsoever with their quest for liberalism.

According to them,“We have simply asked why it is only the entertainment industry that should be monopolized in a liberalized economy”, urging NCC to wait for the government pronouncement on this matter.

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