The Attorney-General and Minister of Justice, Mr. Mohammed Bello Adoke,SAN, has directed that the two warring parties involved in a scramble for recognition as collecting societies abide by the judgments and decisions of a Federal High Court in a move to finally resolve and settle the crisis that has rocked the nation over the licensing and approval of collecting societies for collective copyright administration in Nigeria.

The directive is coming on the heel of a recent Federal High court judgement upholding the right of the Musical Copyright Society of Nigeria (MCSN) to exit as a licensee and right owner.

Mr. Afam Ezekude DG-NCC

In a letter signed on the directive of the AGF, the Director General of the Nigerian Copyright Commission (NCC), Mr. Afam Ezekude and dated August 10,2011,the minister ordered that his earlier directive that the warring parties go to the World Intellectual Property Organization (WIPO) for arbitration and mediation should now give way to the court’s decision on the matter.

The Minister who summed that going to WIPO for mediation as no longer necessary according to the letter, warned parties involved in the controversy not to do anything that will undermine the judiciary and to ensure the respect for and observance of the law in the matter

“In the interim, parties are further advised to refrain from taking any action which is capable of undermining the judiciary and to ensure respect for and observance of the law”. The letter concludes

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It would be recalled that in an historic judgment, in Suit No. FHC/L/CS/35/2008, a Federal High Court sitting in Lagos, and presided over by Justice C.E Archibong, on July 25th, 20011, ruled that Section39 of the Copyright Act, which the NCC relied upon to deny MCSN approval to operate as a collecting society or collective management organization, cannot and does not relate to the activities of MCSN as owner, assignee and exclusive licensee of copyright and that any provision of any statue that in any way seeks to curb the enjoyment of property rights, to subjugate or detract from same without any discernible purpose other than registration and monitoring of same is unconstitutional.

The judgment further declared same Section 39 unconstitutional, null and void for seeking to hinder, encumber, or restrict the private enforcement of property rights by the owners, assignees or exclusive licensees of copyright and for its intention to criminalize such private enforcement.

The Court awarded N40million in damages against the NCC for unlawful arrest and detention of staff and interference in the business of MCSN.