While artists on the
continent compose lyrics to feed avid consumers, watchdogs are having to make a
song and dance about telecoms companies using their tunes illegally.
This is very much the
case in Nigeria where a lawsuit filed last year has been touted as the biggest
copyright infringement in Africa.
In May 2016, the
Copyright Society of Nigeria (COSON) took MTN to court over alleged infringements
on musical copyrights, claiming 16 Billion Naira (around R700M) in damages.
According to COSON’s
claim, MTN infringed copyrights in COSON’s musical and sound recordings in MTN
Friendship, Connect and Walk In Centres across Nigeria.
The claims also extended
to MTN road shows, various MTN Music Concerts, Festivals, and award Shows, as
well as platforms such as mobile radio and product activations.
A recent study of the African
entertainment sector by PricewaterhouseCoopers (PwC) accountants
showed rapid earnings growth in many African countries, fuelled largely by live
performances by local artists.
PwC’s Entertainment and
Media outlook 2017 says that digital will account for the majority of spending
on recorded music in Africa in 2019. According to the authors, the Nigerian
music industry will grow at a projected 13% annually.
“Healthy growth in music
revenues in Nigeria. Nigeria experienced a 3.8% rise in total music revenue in
2014 to US$51 million, up from US$50 million in 2013, as digital
music began to make a larger impact. Annual revenue is forecast to grow by an
estimated CAGR of 11.3% to reach US$88 million in 2019.”
Thirty-six year old
D’Banj, also known as The Kokomaster, is believed to be the wealthiest musician
in the country, followed by TuFace Idibia and Yemi Alade.
The PwC study states that
download sales peaked in 2015 and revenue from consumer spending on physical
formats would stand at R302 million in 2019, less than half the revenue
figure in 2014. Lower ringback tone sales and a move to access over
ownership is likely to reduce the share to just 14% in 2019.
Mondaq.com attribute the
boost in intellectual rights in the entertainment sector to a rising
unemployment.
“More Nigerian youths
have discovered their creative talents and are now earning a living by creating
intellectual and artistic works. International trade between Nigeria and other
countries has contributed to the influx of international artistic works into
the market. It is inevitable that owners of these works will only get their due
return if they share in proceeds or obtain a fair compensation for their
works,” says Emmanuel Ekpenyong writing on the site, adding that this can only
be enforced if the work is actually registered with the copyright commission or
COSON.
The Copyright society of
Nigeria (COSON) is a collective management organization that registers artists
and acts as the industry watchdog.
The Nigerian
copyright law, CAP C28 says that work
eligible for copyright includes literary, musical and artistic works,
cinematography films, sound recordings and broadcast material. The copyright
can be conferred on the author who is domiciled in Nigeria or a citizen of the
country.
COSON and MTN met out of
court in December 2016, mediated by Prof Bankole Sodipo, in a bid to agree on a
mediated settlement. Speaking after the meeting, COSON’s chair Tony Okoroji
said a framework had been agreed upon in which to resolve the matter.
“The meeting also agreed
that all parties and organisations associated with them should cease all
adversarial actions henceforth to ensure that there is a conducive environment
for the resolution. When we are done, every creative person and investor in the
Nigerian music industry will benefit immensely from the engagement,” said
Okoroji.
Funso Aina, spokesperson
for MTN Nigeria, said the matter is still in court at its
preliminary stage.
"MTN has filed a
defence against the action. On a related note, discussions are still ongoing
between parties under the supervision of a mediator on a possible amicable
resolution. The court adjourned the matter to April 4, in order for
parties to report to the court on status of settlement discussions."
