The Koolman Revolutionaire, Orits Williki has been unanimously re-elected as the Chairman of the General Council (Board) of the Musical Copyright Society Nigeria Ltd/ Gte (MCSN) by the Board members.
And shortly after his re-election last week Wednesday, Williki in a press conference to outline the road map for his three year tenure, called on all users of musical works and sound recording to respect their copyright obligations to the MCSN and disregard any demand from an imposter organization masquerading as a collecting society.
He used the opportunity to address complains brought before the Society by users of music especially broadcasters seeking clarification on the claim by “Copyright Society of Nigeria (COSON)” that a Federal High Court has given it a judgment to stop a radio station, City FM, from broadcasting musical works in its programmes without its (COSON) licence.
“By the provisions of Section 39 of the Copyright Act 2004, “COSON” is not a collective management organization known to Law as it does not hold the approval or licence of the Nigerian Copyright Commission (NCC). NCC is the Federal regulatory agency charged with the responsibility of licensing and approving collective managements in Nigeria”
He went to state that the judgment that “COSON” was parading about was obtained by deceit in Suits Nos: FHC/L/CS/425/2020: COSON & ors vs NCC & Ors and FHC/EN/CS/58/2018: COSON & Ors vs NCC & Ors.
“The judgment of Honourable Justice Oweibo of the Federal High Court, Lagos relied on by “COSON” may have been entered with certain necessary facts and law deliberately concealed from the Honourable Court. Some of the facts and law are as follows:
a. By the judgment of Honourable Justice Seidu of the Federal High Court in Suit No: FHC/CS/L/274/2010: Musical Copyright Society Nigeria Ltd/Gte vs Copyright Society of Nigeria Ltd/Gte & Ors, delivered on March 25, 2020, the Court ordered that the name “Copyright Society of Nigeria Ltd/Gte” be struck off the register of companies in Nigeria by the Corporate Affairs Commission. The implication of the judgment is that COSON does not exist in law ab-initio. The judgment is subsisting.
b. The judgment also implies that whatever has been done by, to or with anyone under the name of COSON remains null and void and of no effect.
c. By the judgment of the Federal High Court in Suit No. FHC/L/CS/606/18: Copyright Society of Nigeria & Ors vs Efe Omoregbe & 7 Ors, delivered on 23rd May 2019 and Suit No. FHC/L/CS/424/2020,where the Court per Honourable Justice Liman ruled on 19th May 2020, that COSON’s approval upon which it filed its case has by effluxion of time expired, leaving nothing upon which COSON’s case could stand or continue.”
He concluded by saying, “Had all these facts and cases not been concealed from Honourable Justice Oweibo, the Court would not have issued the said judgment in favour of COSON as being paraded, and as such, the judgment was given in error or obtained fraudulently”
“COSON” can therefore not lay claim to any legal standing and free from acting illegally, unless it successfully crossed the above legal hurdles, Orits Williki concluded with finality.
Having laid the foundation for why music users cannot pay copyright royalty to any organization but MCSN, the re-elected Chairman warned music consumers to respect their copyright obligations to MCSN or risk litigation.
“Unlike in the past, MCSN is now ready to bark and bite. All users of music should respect their copyright obligations. Because from now on MCSN will deploy the instrumentality of the law to enforce its rights”
Orits Williki used the event to thank all members of the Society and fellow Board members for reposing confidence in him to re-elect him for another three years of service.
A Director of the Nigerian Copyright Commission (NCC), Mr. Mathew Ojo, who represents the Commission on the Board of MCSN, appealed to the media to educate the public that MCSN is the only collective management organization approved by the NCC and therefore users of music should respect their copyright obligations to it (MCSN) to avoid litigation.
The CEO of MCSN, Mr. Mayo Ayilaran explained that the Chairman was re-elected after having served when the Society was in the trenches.
“It is a fact that Orits was the Chairman when we were in the trenches but now we are out of it. What remains is the stability of the operations of the Society. So the members of the Board felt he should be re-elected to ensure stability of the Society going forward. As they say you do not change a winning team”
