Exclusive: Full details of NBC pronouncements on the COSON,BON/IBAN face-off

Emeka Mba

Below is the details of Emeka Mba-led National Broadcasting Commission’s (NBC) pronouncements on the protracted COSON and BON/IBAN royalty face off.

The National Broadcasting Commission, NBC, wishes to express its deep concern over the counterproductive dispute between the Copyright Society of Nigeria, COSON, on the one hand and the Broadcasting Organisations of Nigeria, BON and the Independent Broadcasting Association of Nigeria, IBAN, on the other, over the payment of music copyright royalties and the consequent ban placed by BON/IBAN on the broadcast of the musical works of a large number of prominent Nigerian artistes on their member stations.

Consequently, a management team of the Commission, led by the Director General, Mr. Emeka Mba, met separately, on December 12 and 13, 2013, with both parties, led, respectively by Chief Tony Okoroji for COSON, Mr. Osa Sunny Adun for IBAN and Mr. Olusegun Olaleye for BON, at which the representative of the Director General of the Nigerian Copyright Commission, NCC, was present.  Discussions explored the issues in a frank and forthright manner.

Following these deliberations, and as a way to effectively resolve the deleterious stand-off, the Commission wishes to issue the pronouncement that:

1.           BON/IBAN members recognise that they have a duty to pay copyright royalties for the musical works and sound recordings broadcast by the their members;

2.           BON/IBAN members are therefore obliged to keep adequate logs and records of all musical works and sound recordings broadcast by them and ensure that they are made available upon request by relevant authorities, and should adhere to the provisions of article 3.13.2.2 of the Nigerian Broadcasting Code, which requires that:  “For the purpose of free-to-air broadcast, Nigerian music shall constitute 80 per cent of all music broadcast”;

3.           All payments of music copyright royalties shall be made to the Copyright Society of Nigeria, COSON, which is the only collective management organisation approved by the Federal Government of Nigeria with respect to musical works and sound recordings, in accordance with the law.

4.           A joint Committee of the NBC, NCC, COSON, BON/IBAN will be set up immediately to review all copyright royalty tariffs with respect to broadcast of musical works and sound recordings and to ensure that the royalties paid by broadcasting stations in Nigeria are fair, reasonable and, in accordance with prevailing standards;

5.           The joint committee referred to above will conclude its assignment within ninety days of the issuance of these pronouncements, and the tariffs set by the committee shall be binding on all BON/IBAN members and COSON;

6.           To ensure a conducive atmosphere for the joint committee to carry out its assignment, the ban placed on the broadcast of the musical works and sound recordings of COSON members by IBAN and BON should be suspended, and all parties to all on-going legal proceedings with respect to the payment of music copyright royalty in the broadcasting industry in Nigeria shall approach the courts within two weeks to suspend actions on the suits for a minimum period of ninety days.

7.           The NBC will monitor the compliance of the agreements reached as contained in this pronouncement.

The Commission wishes to invite all parties to this dispute to adhere strictly to the above painstakingly worked out formula as a way out of the destructive dispute, and as move towards ensuring the development of both the nation’s broadcasting and music industries.

Signed:   National Broadcasting Commission.