In Nigeria’s vibrant and fast-evolving music industry, songwriters, composers, and publishers depend on various types of rights to earn from their creativity. One of the most essential—and sometimes misunderstood—types of rights is performing rights. These rights ensure that music creators are fairly compensated whenever their works are played publicly, whether on radio, TV, online, or at live events.
As Nigeria’s licensed Collective Management Organisation (CMO) for musical works and sound recordings, the Musical Copyright Society Nigeria (MCSN) plays a leading role in administering performing rights and collecting royalties on behalf of Nigerian music creators.
Understanding Performing Rights and Royalties: A Guide for Nigerian Music Creators
What Are Performing Rights?
Performing rights refer to the legal rights granted to songwriters, composers, and publishers to control and be paid for the public performance of their music. A public performance occurs whenever a musical composition is played outside of a private setting.
Common Examples of Public Performances:
- Radio and television broadcasts
- Live concerts or DJ performances
- Use in clubs, restaurants, bars, and lounges
- Music played in retail stores, offices, hotels, or gyms
- Streaming on platforms such as YouTube, TikTok, Facebook Live, etc.
- Background music in films, commercials, and TV shows
It is important to note that performing rights relate to the composition (melody, lyrics, harmony), not the actual sound recording. This means that regardless of who performs the piece, if it’s your song being played, you deserve to get paid.
What Are Performing Royalties?
Performing royalties are payments made to rights holders (composers, songwriters, and publishers) when their music is publicly performed or broadcast. These royalties are paid by entities that use music publicly, such as:
- Broadcast stations (radio, TV)
- Event organizers and promoters
- Digital platforms and social media networks
- Hotels, restaurants, and commercial venues
- Transport services (airlines, buses, etc.)
- Streaming services (for live or interactive performances)
MCSN collects these royalties from music users under legally binding licenses and redistributes them to its members.
Who Gets Paid Performing Royalties?
Performing royalties are paid to the creators of the underlying composition—not necessarily the performing artist unless they are also the songwriter or composer.
Key Beneficiaries:
- Songwriters
- Composers
- Music publishers
- Self-published artists who write their own music
For example, if Burna Boy performs a song written by another composer on stage or it’s aired on radio, the composer (and their publisher) is entitled to performing royalties—not just the performer.
How MCSN Manages Performing Rights in Nigeria
MCSN is authorized by the Nigerian Copyright Commission (NCC) to license, collect, and distribute performing royalties across Nigeria. Here’s how the process works:
1. Licensing Users of Music
MCSN issues licenses to:
- Radio and TV broadcasters
- Event organizers and promoters
- Clubs, hotels, malls, and other music-using businesses
- Transport operators and airlines
- Digital platforms and content creators
These licenses allow users to legally perform copyrighted music in public settings.
2. Monitoring and Tracking Performances
MCSN employs a combination of methods to track music usage:
- Cue sheets from broadcasters and DJs
- Performance logs from events and venues
- Technology-assisted monitoring tools for radio, TV, and online platforms
- Manual and automated digital tracking for online plays and livestreams
This ensures that usage data is accurately captured and analyzed.
3. Royalty Collection
After verifying the public use of music, MCSN collects performing royalties from licensed users. These payments are pooled and categorized according to usage type (e.g., radio airplay, live performance, etc.).
4. Royalty Distribution
MCSN distributes royalties to its members using:
- Verified performance data
- Membership and repertoire information
- Global royalty standards and local distribution models
The more frequently a song is played or performed publicly, the higher the royalties the rights holder receives.
Challenges in Performing Rights Management
While the system for collecting performing royalties has improved in Nigeria, there are still challenges that creators face:
- Piracy and Copyright Infringement: Unauthorized use of music, such as illegal downloads or unmonitored performances, reduces royalty earnings.
- Lack of Awareness: Many artists are unaware of their performing rights or how to register with a CMO like MCSN.
- Underreporting by Users: Some broadcasters or venues fail to report music usage accurately, leading to lost royalties.
- Complex Digital Landscape: The rise of streaming platforms has made royalty tracking more complex, requiring sophisticated systems.
MCSN is actively addressing these issues by investing in technology, educating creators, and advocating for stronger copyright laws in Nigeria.
How to Maximize Your Performing Royalties with MCSN
If you’re a songwriter, composer, or publisher in Nigeria, here’s how to ensure you get paid for the public use of your music:
Join MCSN
Register as a member by completing the MCSN Membership Form (individual or corporate).Register Your Works
Submit your songs and compositions using the Works Registration Form. Include full details and co-writer splits.Assign Rights
Sign the Deed of Assignment giving MCSN the authority to license and collect royalties on your behalf.Keep Records
Maintain accurate documentation, such as cue sheets and performance reports, especially for live shows and DJ sets.Report Performances
Inform MCSN when your music is performed at major events, used on TV or played online. This improves tracking accuracy.
Conclusion
Performing rights and royalties are essential for music creators to earn a living from their art. By understanding how these rights work and partnering with MCSN, Nigerian artists can secure fair compensation for their creativity.
If you haven’t already, register with MCSN today to start collecting royalties for your music!
