When a concert organizer pays an artiste to do a show, what he pays for is a LIVE APPEARANCE of that artiste and not A LICENCE FOR PUBLIC PERFORMANCE OF COMPOSITIONS. The organizer pays the artiste for appearing live to the public at their event and for rendering songs to the public. This fee does not cover interests of other people who may have copyright interests in the musical works that the artiste may perform; such other people may include the music publisher, music arranger/producer, songwriters and composers.
If the artiste would not be using a live band, that is, using a DJ, thereby necessitating the public performance of a CD (sound recording), then the copyright interests of whoever owns copyright in the recordings would not have been taken care of too. This would most likely be the record company.
As regards the copyright interests the artiste may have in the songs (whether or not he has a valid claim to all the copyright interests in the works), the artiste, being a member Copyright Society of Nigeria (COSON), has granted COSON the exclusive right to receive such monies/royalties on his behalf; therefore, any payments under this head would be payable to COSON and not the artiste.
There are about four possible scenarios:
a. The artiste is engaged for a non-musical live appearance: COSON has no interest in this.
b. The artiste is engaged for a musical live appearance: COSON has an interest.
c. The artiste is not engaged at all, but music associated with him will be performed live by some other person or groups: COSON has an interest.
d. The artiste is not engaged at all but a DJ would play music associated with the artiste: COSON has an interest.
It would be unrealistic to expect concert organizers to grapple with all the technicalities and all the rights and all the sharing formulas that may be applicable to every song that would be played at their event. This is the responsibility of COSON; therefore the worldwide practice that concert organizers pay artistes and performers for their live appearance while the copyright issues associated with such performances are left to a government approved body to tackle. The monies due to all copyright stakeholders are paid in bulk to COSON and COSON does the sharing and payment to all stakeholders.
When a concert takes place and fees for the live appearances are taken care of but all copyright interests in the performance are not taken care of (an appropriate license has not been applied for and received), copyright infringements (contrary to the copyright Act, 2004) has taken place and the organizers would be liable for the illegality.
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.
Showing posts with label copyright society of nigeria. Show all posts
Showing posts with label copyright society of nigeria. Show all posts
Wednesday, May 11, 2011
SONGWRITING AND THE LAW (3)
The songwriter is the author of a song and the owner of copyright in the song. He retains legal control of such a song unless he transfers the copyright to someone else. There are several methods through which the song may be exploited; such exploitation not to occur without the authorization of the songwriter – any such dealing or use of the songwriter’s songs would be illegal and the songwriter may proceed to enforce his rights against any such unauthorized user. What then are the processes through which people other than the songwriter may legally use or exploit the song? The songwriter may transfer his copyright in the song to another either by assignment or licensing. These are the only methods through which the song may be exploited legally by another person. By law, an assignment must be in writing while a license need not be in writing. It is impossible to go into the details of these in this article but it is important to note that an assignment transfers ownership of copyright in the song while a license simply permits the use of the song.
One basic way for a songwriter to have his songs exploited and thus earn from them is to sign on to a music publishing company. The songwriter grants rights either by assignment or licensing to the company and the company in turn has the obligation of promoting the songs within the industry and finding opportunities for the song. It is the responsibility of the publisher to find artistes and musicians who would perform and record the songs; record labels, movie makers, television and radio producers, advertising agencies and other users who would use the songs. It is also the responsibility of the music publishing company to collect income from all users secured by it. It is however uncommon to find in Nigeria, dedicated music publishing companies. This is because the music industry has been more of a ‘jungle’ than a structured industry. It is important to recall the developments in the Nigerian music industry which now allows for the establishment of dedicated music publishing companies. This is primarily the establishment and the approval of the Copyright Society of Nigeria Ltd/Gte (COSON) as a Collective Management Organization earlier this year. This is an opportunity that is now ripe for seizing in this country – the enabling environment has now been laid. What we have largely had are record companies and Do-it-yourself (DIY) artistes who self publish. The standard profit sharing formula on published songs between songwriters and publishers is 50/50 but an agreement stipulating otherwise can be entered into. Publishing companies in Nigeria need to join COSON to fully tap into the opportunities now available.
A record company exploits a song by recording the song and exploiting the recording of the song through mediums such as sale of CDs, digital downloads, public performances, and the grant of master use or synchronization rights for movies. All such exploitations should generate income for the songwriter, whether or not he self performed the songs in the recordings. They should generate a continuous flow of income in the form of royalties for the songwriter. The Nigerian music industry has now developed to a stage where all these sources of income can be tapped, where they are no longer theoretical possibilities. It is therefore the responsibility of the serious songwriter to ensure that he signs proper legal agreements for the use of his songs to ensure that his extended interests are covered and protected. All the possible exploitation avenues are to be considered in the preparation of these agreements, and indeed in their execution, whether they are music publishing agreements or record contracts, or any other contract whatsoever dealing with the songwriter, his career or his songs.
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.
One basic way for a songwriter to have his songs exploited and thus earn from them is to sign on to a music publishing company. The songwriter grants rights either by assignment or licensing to the company and the company in turn has the obligation of promoting the songs within the industry and finding opportunities for the song. It is the responsibility of the publisher to find artistes and musicians who would perform and record the songs; record labels, movie makers, television and radio producers, advertising agencies and other users who would use the songs. It is also the responsibility of the music publishing company to collect income from all users secured by it. It is however uncommon to find in Nigeria, dedicated music publishing companies. This is because the music industry has been more of a ‘jungle’ than a structured industry. It is important to recall the developments in the Nigerian music industry which now allows for the establishment of dedicated music publishing companies. This is primarily the establishment and the approval of the Copyright Society of Nigeria Ltd/Gte (COSON) as a Collective Management Organization earlier this year. This is an opportunity that is now ripe for seizing in this country – the enabling environment has now been laid. What we have largely had are record companies and Do-it-yourself (DIY) artistes who self publish. The standard profit sharing formula on published songs between songwriters and publishers is 50/50 but an agreement stipulating otherwise can be entered into. Publishing companies in Nigeria need to join COSON to fully tap into the opportunities now available.
A record company exploits a song by recording the song and exploiting the recording of the song through mediums such as sale of CDs, digital downloads, public performances, and the grant of master use or synchronization rights for movies. All such exploitations should generate income for the songwriter, whether or not he self performed the songs in the recordings. They should generate a continuous flow of income in the form of royalties for the songwriter. The Nigerian music industry has now developed to a stage where all these sources of income can be tapped, where they are no longer theoretical possibilities. It is therefore the responsibility of the serious songwriter to ensure that he signs proper legal agreements for the use of his songs to ensure that his extended interests are covered and protected. All the possible exploitation avenues are to be considered in the preparation of these agreements, and indeed in their execution, whether they are music publishing agreements or record contracts, or any other contract whatsoever dealing with the songwriter, his career or his songs.
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.
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.
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.
Friday, August 20, 2010
COSON SELECT STAKEHOLDERS’ FORUM:This train is moving and is not waiting or stopping for anybody – Tony Okoroji
It is no longer news that the Copyright Society of Nigeria (COSON) has been approved by the Nigerian government as the sole Collective Management Organisation for music and sound recordings in Nigeria. There are necessary implications and indeed many uncertainties arising from this approval that bear on the operations of many people’s businesses. It is therefore necessary for stakeholders in the Nigerian entertainment and media industries to really understand this approval and how it might affect their various interests. It is on this basis that a SELECT STAKEHOLDERS FORUM was organized by COSON. The forum was designed as an interactive session for stakeholders to discuss all issues arising from the development. The forum was held on the 1st of July, 2010 at the Protea Hotel, Ikeja and it was well attended. In fact it was so well attended that the hall was filled to the brim and some people had to stand while some others stood outside. Representatives of and journalists from almost all media houses were present; artistes and musicians were also very present; record label owners didn’t stay away; representatives of PMAN and other organizations were also present; and yes, entertainment lawyers were present too.
I felt honored to have received an invitation and I even felt more honored to have been present at such a meeting, to have witnessed the beginning of progress and development of the entertainment industry in a way and manner that Nigeria has never seen. Many things were said by many people; many questions were asked and answered; many opinions were voiced and many uncertainties were cleared; in fact, a lot of passion, energy and emotion were also seen; and most importantly, a lot of objectivity was displayed. A lot of the things that were said were issues of law, some of which I have previously discussed through this medium and many of which I will still discuss.
However, in my opinion, the singular most important statement that was made at the forum was made by Chief Tony Okoroji, Chairman of the Copyright Society of Nigeria (COSON) and one time President of the Performing Musicians Association of Nigeria (PMAN). He said: this train is moving and is not waiting or stopping for anybody. Those words hit me straight in the middle of the eyes just like Charlie Parker’s notes hit John Coltrane the first time he heard them. Now, this is not to say I consider them the most creative lines I ever heard but that I felt them strongly and it’s not the aesthetics of those words that make them the most important thing said at the gathering but rather, the energy and determination that the words carry. ‘The moving train’, I interpreted as a metaphor for collective management of copyright administration and trains, being what they are, don’t stop or wait for people once they start moving. The only option for interested passengers is to get on board before the train starts moving or find a way to jump in after it has started moving – but one thing is certain, trains don’t wait and stop.
The direct implication of those words is that COSON, as the sole Collective Management Organization for music and sound recordings in Nigeria can be compared to a train; and this train is definitely moving – going to immediately swing into action, in fact it has already swung into action; is not going to be sluggish, hesitant, or inactive by waiting or stopping; and it is not going to be so sluggish, hesitant or inactive either for the benefit of any individual, group of individuals, organizations, companies or corporations or so that any of the listed may get on board. The aim and purpose of COSON is above any individual interest. There is an underlining promise made by the Chairman of COSON in those words – efficiency. There is also the underlining call to all stakeholders, in the spirit of cooperation, to join in making Copyright Collective Management system a success in Nigeria.
I must mention that though the statement was made rather in passing, it would have sufficed as a concluding statement. This is because it captures the entire mood and discussions at the forum. All that members of the board of COSON, such as Chief Tony Okoroji himself, Efe Omorogbe and Obi Asika, said can be summarized in those words that indeed the train is moving. Also, all questions asked by all representatives of organizations implied an understanding that the train would not be waiting or stopping for anyone.
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.
I felt honored to have received an invitation and I even felt more honored to have been present at such a meeting, to have witnessed the beginning of progress and development of the entertainment industry in a way and manner that Nigeria has never seen. Many things were said by many people; many questions were asked and answered; many opinions were voiced and many uncertainties were cleared; in fact, a lot of passion, energy and emotion were also seen; and most importantly, a lot of objectivity was displayed. A lot of the things that were said were issues of law, some of which I have previously discussed through this medium and many of which I will still discuss.
However, in my opinion, the singular most important statement that was made at the forum was made by Chief Tony Okoroji, Chairman of the Copyright Society of Nigeria (COSON) and one time President of the Performing Musicians Association of Nigeria (PMAN). He said: this train is moving and is not waiting or stopping for anybody. Those words hit me straight in the middle of the eyes just like Charlie Parker’s notes hit John Coltrane the first time he heard them. Now, this is not to say I consider them the most creative lines I ever heard but that I felt them strongly and it’s not the aesthetics of those words that make them the most important thing said at the gathering but rather, the energy and determination that the words carry. ‘The moving train’, I interpreted as a metaphor for collective management of copyright administration and trains, being what they are, don’t stop or wait for people once they start moving. The only option for interested passengers is to get on board before the train starts moving or find a way to jump in after it has started moving – but one thing is certain, trains don’t wait and stop.
The direct implication of those words is that COSON, as the sole Collective Management Organization for music and sound recordings in Nigeria can be compared to a train; and this train is definitely moving – going to immediately swing into action, in fact it has already swung into action; is not going to be sluggish, hesitant, or inactive by waiting or stopping; and it is not going to be so sluggish, hesitant or inactive either for the benefit of any individual, group of individuals, organizations, companies or corporations or so that any of the listed may get on board. The aim and purpose of COSON is above any individual interest. There is an underlining promise made by the Chairman of COSON in those words – efficiency. There is also the underlining call to all stakeholders, in the spirit of cooperation, to join in making Copyright Collective Management system a success in Nigeria.
I must mention that though the statement was made rather in passing, it would have sufficed as a concluding statement. This is because it captures the entire mood and discussions at the forum. All that members of the board of COSON, such as Chief Tony Okoroji himself, Efe Omorogbe and Obi Asika, said can be summarized in those words that indeed the train is moving. Also, all questions asked by all representatives of organizations implied an understanding that the train would not be waiting or stopping for anyone.
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.
Subscribe to:
Posts (Atom)