Nigeria: Federal High Court rules that COSON’s operating licence has lapsed 

This is according to a ruling by the Federal High Court in Lagos earlier this month. It follows a substantive application for injunction by COSON against the Nigerian Copyright Commission (NCC) in 2020. In May 2018, consequent upon failure to meet the statutory conditions for renewal of its licence, the commission had taken the position that the COSON could not legally perform the functions of a CMO, which included the granting of copyright licences and collection of royalties on behalf of right owners.

Delivering his ruling on COSON’s application, Honourable Justice Liman on 1 December held that the organisation was not entitled to the relief of an injunction to restrain the commission from revoking its operating licence because it had lapsed. COSON has been in operation since 2014, representing authors, composers, performers, publishers of musical works and owners of sound recordings in Nigeria.

The decision of the court is in line with the Copyright Act and Copyright Regulations, and upholds the position of the commission. Section 39 (4) and (5) of the Copyright Act makes it an offence for any group of persons to purport to perform the duties of a collecting society without the approval of the commission

In light of the ruling, the NCC said in a press statement that it was treating the status of COSON as being “in abeyance until the subscribers take steps to regularise its corporate existence under the Companies and Allied Matters Act. The commission also warned the public to observe the status of COSON and to refrain from engaging with the organisation in any manner.

The statement continues: “The public, owners of music copyright and users of music are hereby advised to take note of the current status of COSON (by whatever name called) as an unapproved collective management organisation or collecting society and be well guided.”

The NCC said that it would “enforce the criminal provisions of the Copyright Act and any persons having dealings with COSON (by whatever name called) or any of its officials would be doing so at their own risk,” urging users of copyright works to report any further demand for royalty payment from any person or group of persons in the name of COSON to the NCC.

COSON, meanwhile, is seeking a declaration on the matter, among other things.

The latest ruling adds to a number of legal decisions taken against the organisation. On 25 March 2020, the Federal High Court's judgment made an order restraining COSON from using or continuing to use the name ‘Copyright Society of Nigeria Ltd/GTE’. The company, thereafter, filed a notice of appeal against the judgment and a stay of execution, which was refused by the court.