GETTING THE BEST OUT OF YOUR SOUNDTRACKS (2)

To get the best out of soundtracks, the first thing a soundtrack maker would have to do is to join the Copyright Society of Nigeria (COSON). This is because they are the only organization in Nigeria empowered by law and recognized by the government to collect and distribute royalties for the use of soundtracks to the makers of soundtracks and other persons as may be required. They have the responsibility of collecting these royalties from advertising agencies who may have used these soundtracks in radio and television commercials, movie makers, television and radio producers etc. These mediums are potentially huge sources of income for the makers of soundtracks. Through them, a continuous flow of income could be gotten by a soundtrack maker. The catch however is that any maker who does not join COSON would not be able to receive these royalties. However, where COSON receives money on behalf such persons, or receives money that should accrue to such person, COSON would be obligated to keep such monies in a holding account for a duration of seven years during which such person, if he joins COSON, would be able to receive his money. This is the provision of the law. COSON would not be obligated to keep the money and wait for such soundtrack maker for a period longer than the seven years provided for under the law.

Could it then be that once a soundtrack maker joins COSON he has done all that is necessary under the law to be able to fully get the best out of his soundtracks? The answer is no! The maker, as a member of COSON, has the responsibility of updating and informing COSON of his works. He also has the responsibility of informing the organization of all uses of his works, authorized and unauthorized, as far as possible. It is then the responsibility of COSON to proceed in collecting the royalties due from the authorized users and to defend the rights of the soundtrack makers in respect of the unauthorized users. The organization is even empowered to go as far suing the unauthorized user on behalf of the soundtrack maker at absolutely no cost to soundtrack maker.

There are still other things which a soundtrack maker would be expected to do legally to ensure that he gets the very best out of his soundtracks in today’s Nigeria. COSON is bound to honor agreements. Thus the distribution of royalties from the exploitation of soundtracks would be subject to the agreements that the soundtrack makers themselves have entered into with others. There is no gainsaying that these agreements can be of a highly technical nature but it very worthy to note that in the history of the Nigerian entertainment industry, there has been no such time that these agreements have been so important. There has been no such time when careless attitudes in respect of these agreements could have had such terribly damaging results. It is therefore important, more than ever for every soundtrack maker to ensure that he properly consults a lawyer before entering OR NOT entering into an agreement or contract in respect of his soundtracks. This is because whether or not a written contract was entered into, the law will take effect based on the contract that was signed or on the fact that no contract was signed. That no contract was signed in itself has legal implications which COSON would be bound to respect, and to collect and distribute royalties in accordance with. This point is not important only to the maker of the soundtrack but also to all users of soundtracks. If makers of soundtracks, movie producers, advertising agencies, and radio and television producers do not treat this point with care, they may find themselves where they would rather not be as far as the use and exploitation of soundtracks is concerned under the Nigerian entertainment law.


Justin Ige is a Legal Practitioner. (mailjustinige@gmail.com, 08023897112 Creativelegal.blogspot.com)This article contains general information only and is not intended to replace legal counsel.