Collective management of rights in musical works and sound recordings: a critique of the copyright society of Nigeria

Sections 7 and 8 of the Nigerian Copyright Act (Cap C28) confer an exclusive right on the owners of copyright in musical works and sound recordings. This exclusive right can be managed individually or collectively, even though the odds are against individual management where secondary uses are involved. Collective management has therefore been the preferred option in most countries. The Nigerian Copyright Commission (NCC) registered the Copyright Society of Nigeria (COSON) as the sole Collective Management Organisation (CMO) for musical works and sound recordings in Nigeria in 2010. This paper evaluates the efforts of COSON concerning the collective management of its members’ rights. Using both desk-review of existing literature and interviews with key officials of COSON, the paper analyses COSON’s rights management efforts, examines the level of government regulation of its activities, and identifies and discusses the challenges militating against its effectiveness. Finally, the paper suggests both legal and policy measures which may improve the efficiency of collective rights management for the music industry.