Mayo Ayilaran, MCSN’s DG
The Federal High Court, presided over by Honourable Justice Saliu Saidu of the Lagos Division, on Wednesday, 25th March 2020 struck out the Copyright Society of Nigeria Limited by Guarantee (COSON), as a company registered by the Corporate Affairs Commission in favour of Musical Copyright Society of Nigeria (MCSN)
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Delivering judgment in a suit filed by the Musical Copyright Society Nigeria Limited by Guarantee (MCSN) in Suit No. FHC/L/CS/274/2010 between Musical Copyright Society Nigeria (Ltd/Gte) vs. Copyright Society of Nigeria (Ltd/Gte), Corporate Affairs Commission and the Attorney General of the Federation, the Court held that “It is a misnomer to give the name which the Plaintiff has applied to register or similar to what the Plaintiff seek to register to the 1st Defendant (COSON) on 23rd November 2009 when the time allowed for the Plaintiff to complete their registration has not expired.” The Court held further that the 1st Defendant name was illegally approved and hence the 1st Defendant cannot lay claim to the name Copyright Society of Nigeria Ltd/Gte.
Tony-Okoroji
The Honourable Court thereafter gave the following orders:
That the 2nd Defendant, Corporate Affairs Commission, (CAC), acted improperly and illegally in approving an application by the Performing and Mechanical Rights Society (PMRS) to process the change of its name from PMRS to COSON at a time when the same CAC had reserved the very same Copyright Society of Nigeria Lte/Gte (COSON) for use by some members of the Plaintiff (MCSN) for themselves and on behalf of the Plaintiff.
That the Honourable Attorney-General of the Federation and Corporate Affairs Commission (CAC) acted improperly and illegally to granting approval to the PMRS to process the change of its name to COSON having regard to the pendency of the Plaintiff’s petitions to them dated November 13, 2009.
That an organisation whose genre of copyright is restricted to musical rights could not legally be permitted to use the name “Copyright Society of Nigeria” being a term encompassing rights arising from literature, arts, music, drama, cinematography, broadcasts, architecture, computer programmes, and so on.
That the 2nd and 3rd Defendants (CAC and the Hon. Attorney General of the Federation), their servants, privies, agents and howsoever are restrained from approving or continuing to approve or otherwise recognizing the 1st Defendant as Copyright Society of Nigeria (Ltd/Gte).
That the 1st Defendant (COSON), its members, servants, privies, agents or howsoever are restrained from using or continuing to use Copyright Society of Nigeria (Lte/Gte).
That the 2nd and 3rd Defendants (CAC and HAGF) are directed to take necessary steps to cancel, change, alter or rescind any steps it may have taken towards effecting the change and or registration of the 1st Defendant’s name as Copyright Society of Nigeria (Ltd/Gte).
From the findings of Court, it was clear that the promoter of COSON set out to deceive, cheat and defraud innocent music practitioners and users of music by presenting to them a phoney company, when they knew that there are issues surrounding the incorporation or registration of the so-called company and a suit among several others was pending before the Court.
With this judgment, PMAN has been vindicated that its call for the Nigerian Copyright Commission (NCC) to revoke the licence or approval given to COSON by the Commission to operate as a collecting society was well grounded in addition to the reasons advanced by PMAN for the call.
The NCC should not now hesitate to do the needful by taking appropriate actions with the full force of law and government authority to secure musicians’ assets in the custody of individuals parading themselves as Chairman and officials of COSON.
PMAN strongly believes that if NCC failed to take this very urgent action, musicians’ assets including monies in various banks being held by now extinct/defunct COSON, would be looted or depleted by the people who have been using COSON to feather their nests.
...Pretty Okafor is the president of PMAN
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