Alleged Non-Remittance: MCSN Asks Court to Stop COSON from Collecting Royalties

The Musical Copyright Society Nigeria (MCSN) has prayed the
Federal High Court sitting in Lagos, to stop the Copyright Society
of Nigeria (COSON) and its Chairman, Chief Tony Okoroji or their
agents, servants from licensing, collecting royalties or dealing
with musical works, sound recording and other ancillary works or
rights in its (MCSN) repertoire. MCSN sought this relief in a suit
filed against COSON and Okoroji, over allegations of non-remittance
of royalties collected on its repertoire.

MCSN is a collective society, recently given recognition by the
Federal Government, after many years of legal battle. In the suit
marked FHC/L/ CS/1172/17 and filed through its lawyer, Dada
Awosika, MCSN accused Okoroji of ignoring its letter dated May 26,
2017, in which he (Okoroji), was requested to account for monies
collected on MCSN repertoire.

MCSN is seeking a declaration, that it is entitled to an account
of monies/royalties collected by the defendants, namely, the
Copyright Society of Nigeria (COSON) and its Chairman, Chief Tony
Okoroji on its copyright repertoire from 2010 till date, and at any
other time at all by the defendants and their predecessor in
title.

The plaintiff (MCSN) also wants the court to compel COSON and
its predecessor in title, to account for all monies collected on
behalf of its members, assignors, exclusive licensors and
affiliates, as well as money collected for the exploitation of its
repertoire since 2010 and before. The plaintiff is praying the
court to give an order directing the defendants to avail, furnish
and deliver to it, a detailed account of monies/royalties they have
collected on its copyright repertoire from 2010 till date and at
any other time at all.

MCSN further sought an order of court, compelling COSON to remit
and or pay over all the accounted monies /royalties due to the
plaintiff, forthwith. In the 36-paragraph statement of claim with
exhibits attached thereto, MCSN averred that notable Nigerian music
authors, composers and publishers including late Moses
Adeolu-Akinsanya (Baba Eto), Barrister Fatai Oladele Giwa and 129
others and international copyright holders; namely the Performing
Right Society Limited (PRS) and the Mechanical-Protection Copyright
Society Limited (MCPS) both of the United Kingdom were their
promoters and members, and they and their successors-in-title,
remain their incorporated members and subscribers to the Article
and Memorandum of Association till date.

The Musical Copyright Society Nigeria (MCSN) has prayed the
Federal High Court sitting in Lagos, to stop the Copyright Society
of Nigeria (COSON) and its Chairman, Chief Tony Okoroji or their
agents, servants from licensing, collecting royalties or dealing
with musical works, sound recording and other ancillary works or
rights in its (MCSN) repertoire. MCSN sought this relief in a suit
filed against COSON and Okoroji, over allegations of non-remittance
of royalties collected on its repertoire.

MCSN is a collective society, recently given recognition by the
Federal Government, after many years of legal battle. In the suit
marked FHC/L/ CS/1172/17 and filed through its lawyer, Dada
Awosika, MCSN accused Okoroji of ignoring its letter dated May 26,
2017, in which he (Okoroji), was requested to account for monies
collected on MCSN repertoire.

MCSN is seeking a declaration, that it is entitled to an account
of monies/royalties collected by the defendants, namely, the
Copyright Society of Nigeria (COSON) and its Chairman, Chief Tony
Okoroji on its copyright repertoire from 2010 till date, and at any
other time at all by the defendants and their predecessor in
title.

The plaintiff (MCSN) also wants the court to compel COSON and
its predecessor in title, to account for all monies collected on
behalf of its members, assignors, exclusive licensors and
affiliates, as well as money collected for the exploitation of its
repertoire since 2010 and before. The plaintiff is praying the
court to give an order directing the defendants to avail, furnish
and deliver to it, a detailed account of monies/royalties they have
collected on its copyright repertoire from 2010 till date and at
any other time at all.

MCSN further sought an order of court, compelling COSON to remit
and or pay over all the accounted monies /royalties due to the
plaintiff, forthwith. In the 36-paragraph statement of claim with
exhibits attached thereto, MCSN averred that notable Nigerian music
authors, composers and publishers including late Moses
Adeolu-Akinsanya (Baba Eto), Barrister Fatai Oladele Giwa and 129
others and international copyright holders; namely the Performing
Right Society Limited (PRS) and the Mechanical-Protection Copyright
Society Limited (MCPS) both of the United Kingdom were their
promoters and members, and they and their successors-in-title,
remain their incorporated members and subscribers to the Article
and Memorandum of Association till date.