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The legality and signification of the AGF’s directive approving a second musical CMO in Nigeria

journal contribution
posted on 2023-05-20, 05:11 authored by Olugbenga Olatunji, Etudaiye, MA, Olapade, SO
For over two decades, the collective management of rights in the Nigerian music industry has witnessed a fierce rivalry between the Copyright Society of Nigeria (COSON) and the Musical Copyright Society of Nigeria (MCSN). While the Nigerian Copyright Commission (NCC) approved the former, it refused to approve the latter. Despite this, MCSN has continually acted as a CMO; a development that has led to litigations between it and rights users on the one hand, and between it and the NCC and COSON on the other. However, in March 2017 the Attorney General of the Federation (AGF) mandated the immediate approval of MCSN as a permanent solution to the industry’s problem. This article focuses on this approval. Apart from examining the legality of the AGF’s directive and the likely effect(s) of a multiplicity of CMOs on the music industry, the article also proffers measures that may help reposition collective management in the industry for optimal performance.

History

Publication title

IIC - International Review of Intellectual Property and Competition Law

Volume

50

Pagination

223-244

ISSN

2195-0237

Department/School

Faculty of Law

Publisher

Springer

Place of publication

Germany

Rights statement

Copyright 2018 Max Planck Institute for Innovation and Competition, Munich

Repository Status

  • Restricted

Socio-economic Objectives

Justice and the law not elsewhere classified

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