DO YOU KNOW…?
- That when an original piece of music and sound recording are created the Copyright Act (Cap C. 28 Laws of the Federation of Nigeria (LFN) 2004) gives its composer, author, publisher, performer and producer certain rights over its use? This means that almost all music and sound recording in popular demand (even including a great deal of “folk” and “serious” music are in copyright, which lasts for the composer’s and author’s lifetime and for seventy years after his death and the sound recording for 50 years from the first date of recording.
- That one of the provisions of the Copyright Act is that you may not perform or allow the performance of any copyright music in public without the permission of the copyright owner?
- That “perform” or “performance” means playing music and sound recording either by live bands, by mechanical and electronic means such as playing of pre-recorded tapes, music cassettes, compact discs (Cds) VCDs, DVD, etc and reception of radio and television broadcasts terrestrially or cable satellite
- That “in public” means anywhere outside your domestic circle, so that, for example, performances in clubs, hotels and guest houses, shops, restaurants, theatre halls, event halls/centers, aircraft, buses, banking halls, or factories are “public” even if the audience is confined to club members, hotel guest or employees?
- That this is so whether or not any charge is made for admission, whether the performers are paid or not and whether the performance is given live or by mechanical means such as record-player, tape-player, juke box, radio or television set?
- That the possession of a record or tape or of sheet music does not entitle you to perform in public any copyright music and sound recording thus recorded or printed?
- Those musicians or other artists whom you may have engaged or permitted to perform on your premises are not usually authorized to give public performances of copyright music and sound recording.
- That an Entertainment license or a Radio and TV license does not give you the right to perform or to authorize the public performance of copyright music and sound recording at your premises?
MORE FACTS ARE THAT
MUSIC in cabaret, disco, gigs, dancing, concerts, Live or recorded, is the essential element for most forms of entertainment in pubs, clubs, hotels, discos and restaurants.
It doesn’t only create an atmosphere. It’s a prime attraction. It brings in people so it brings in money too. It creates prosperity.
But someone created that music. More often than not, the composers and authors are not the people up there playing. Without Composer and authors there would be no show. Music doesn’t just happen, creating it is hard work and it’s about time the creators got a rather better reward.
THEREFORE
If copyright music and sound recording are performed in public on your premises by any means at all, you need a license. If you do not have one you are infringing on someone’s legal rights and could become liable to pay damages and be ordered by the court to cease all musical performances. You may even be jailed!
MUSICAL COPYRIGHT SOCIETY NIGERIA (LIMITED BY GUARANTEE)
MCSN (Limited by GUARANTEE), a nonprofit-making Organisation, represents the authors, composers, publishers, performers and producers of practically all copyright music and sound recording, Nigeria and foreign and for a modest charge will grant you a license allowing the performance at your premises of virtually any copyright music and sound recording you choose (This does not apply to some dramatic performances)
Of course, you must get a license before your performances begin. If you do not, the MCSN’s charge for the first year will normally be increased by 100% (apart from any liability for damages which you may incur).
The Organisation’s charges are negotiated whenever possible with the appropriate trade and professional associations.
MCSN distributes to its members, assignors and licensors all the royalties that it collects, after deducting only its bare costs of administration. MCSN relies greatly on the assignments and contract agreements entered into between her and various composers, authors, publishers, performers and producers of music and sound recording on the one hand and Sister Organisations across the world on the other to become the single largest owner, assignee and exclusive licensee of copyright in musical works and sound recordings in the Federal Republic of Nigeria.
MCSN is also an approved collecting management organization (CMO) on the statutory authority of the Nigeria Copyright Commission (NCC) as directed by the Hon. Attorney General pf the Federation and Minister Of Justice and as adjudicated upon by the Supreme Court of Nigeria.
JUST THINK…
Instead of having to try to get in touch with every single author, composer, publisher, performer or producer all over the world for permission to have their music and sound recording publicly performed in your premises and to pay their fees, all you have to do is take out a single MCSN license and your legal obligations in this respect are satisfied.
If you have any queries, simply write or telephone MCSN and ask for the licensing Officer. If necessary we can arrange for your local licensing Agent or Representative to visit you.