Section 39 and the collective administration system in Nigeria

The section from all intent and purpose is a customized section which to the minds of not a few seemed targeted at a particular section of the collective administration management. From the perspective of the Act and its authors, it is quite apparent in the bundle of contradictions enshrined in the section.The Act states in […]

The section from all intent and purpose is a customized section which to the minds of not a few seemed targeted at a particular section of the collective administration management. From the perspective of the Act and its authors, it is quite apparent in the bundle of contradictions enshrined in the section.
The Act states in sub 1of 39 that “Collecting Society may be formed in respect of any one or more rights of copyright owners for the benefit of such owners and the society may apply to the commission for approval to operate as a collecting society for the purpose of this Act” and goes on in sub 2 to list the conditions precedent upon the approval of such application with an attendant clause in sub 3 that says “The Commission shall not (emphasis mine) approve another society in respect of any class of copyright owners, if it is satisfied that an existing approved society adequately protects the interests of that class of copyright owners”
The words “may” and “shall” were freely used, the later being in use only in sub 3
The authors of the Act must have amused themselves in the use of these two words, that while an action may be permitted, the resulting effect of the action shall be refused to be permitted by the same authority who gave the conditions precedent upon such.
No doubt, the abuse of these words has ultimately led to an abuse of the powers of the commission in committing these contradictions. To ensure that the draconian clause is forced down the throat of perceived challengers of this decree in the Act, the 4th clause states unequivocally that, “it shall be unlawful for any group of persons to perform the duties of a society without the approval of the commission as required under this section of this Act”
This clause to my mind is quite unnecessary as having stated that the commission will not approve the operation of a society, why the need to state again that anyone who does so shall be liable, isn’t it clear enough that the non approval of operations is a clear violation of the provisions? Be that as it may, it’s amazing how the authors of the Act came to the conclusion that Nigeria with its busting entertainment industry, which is the primary constituency of the Act, is content to the monopoly and caprice of a single collecting society registered by the regulatory body through its without care or recourse to the industry stakeholders.
It is also a wonder that the regulatory body will find it comfortable descending into the arena as stated in sub 9 says that the commission may where it finds it expedient, assist in establishing a collecting society for any class of copyright owners which seem the situation currently paying out.
It is amazing to note that the commission which is expected to be an unbiased umpire in the administration of this sector will  be offering to assist in forming a society, where lies the objectivity of the commission in the administration of collective management when it deliberately witch hunted an existing society to assist in setting up a new one.
It is a considered opinion that if Nigeria is to show its seriousness in the comity of nations that she is indeed ready to take over the world in entertainment using the sector as well as a veritable source of revenue to boost the IGR of the country, there is need to immediately deliberate on the liberalization of collective administrative system to allow more players in the field.
The commission cannot continue to hide behind a finger and using a one stop shop system as excuse for its laziness to find ways and manners in which to put up a proper system of administration that will monitor and objectively ensure that no matter the number of collecting managers that abound, so long as they comply with the rules of the game, they can be in business.
The NCC need to come down from its high horse of deceit because it is getting to that point that unless it sits up, the forces and dynamism of the industry will force it to comply and that may push the commission to lose its relevance.
Copyright officials have continued to argue that though the commission is not approving more bodies, works owners can administer their own rights individually.  It really is a shame that in this era, Nigerian Copyright officials are still thinking this way.

‘Bayo Ayo is a legal practitioner and copyright advocate.