96 MUSICIANS BANNED FROM RADIO AND TV AS COSON/BON WAR GET MESSIER.

 Words: Adedosu 'kenzy' Adekunle

The Broadcast Organisation of Nigeria (BON) and Independent Broadcast Association of Nigeria (IBAN) have pronounced a ban on the airing of the musical works of 2face Idibia, D’banj, Omawumi and Onyeka Onwenu. Their music has been suspended from airing on the country’s TV and radio stations with immediate effect.

Also affected by the ban are Iyanya, Olamide, Dr Sid, Sammie Okposo, Banky W, Wizkid, 9ice, Flavour, Omotola Jalade Ekeinde, Ice Prince, Timaya, Sound Sultan, Sir Shina Peters, Ras Kimono, Wale Thompson, Kollington Ayinla, Adewale Ayuba, Wasiu Ayinde Marshal and many other artistes registered under the Copyright Society of Nigeria (COSON).

The ban was pronounced on Wednesday, December 4, 2013 in a press release jointly signed by Sonny Adun and Guy Murray-Bruce who are IBAN Chairman and Secretary respectively.

Excerpts from the statement read thus, ‘The Independent Broadcasting Association of Nigeria (IBAN), in alignment with Broadcasters Organization of Nigeria (BON) hereby informs the general public that the music of the following Copyright Society of Nigeria (COSON) Registered Artistes/Members is hereby suspended from airing on our stations with immediate effect.’

While BON comprises of all the broadcast stations, both government and privately owned, IBAN is made up of independent (privately owned) stations, and have both frequently questioned COSON’s tactics. COSON had earlier instituted a suit against BON. The case is still pending at the Federal High Court.

A battle has been ongoing between IBAN and COSON over payment of royalties for broadcast music by radio stations in the country. According to IBAN, the action was taken ‘principally as a result of COSON’s attitude of antagonism and harassment under the leadership of Tony Okoroji‘. In the last few months, COSON has been very insistent on the enforcement of royalty fees for the airing of musical works belonging to its members and affiliates; although some continue to question their tactics, as well as the workability of having a solely collecting society.

Speaking to a group of journalists in Abuja, the Chairman of BON, Abubakar Jijiwa said, ‘No person or organisation, particularly a collecting society such as COSON, has a monopoly of authority over any other, especially at the time when all hands should be on deck in building a sustainable copyright system.’

On numerous occasions, Tony Okoroji led COSON had instituted various suits against some government and private owned broadcast stations for failure to respect Nigeria’s copyright law by not paying royalties or license fees for the use of their musical works and intellectual property.

According to Okoroji the actions of BON and IBAN is laughable. ‘I don’t know anywhere in the world where a broadcast organization can just wake up an place a ban on musical works without a tangible reason’, Okoroji said. ‘What we simply asked for is what is due to our artistes and this is no different from how it works in other parts of the world’

Many radio stations have since adhered to the instructions given by the broadcast organisation. An OAP on one of the popular Lagos radio stations who pled anonymity told KREST in a chat, ‘I am just a staff here, so if my employers say I should not play a song, then I do not play that song. So for now, we are staying clear off those artistes until this whole thing is sorted out.’

Deji Awokoya, General Manager of urban radio stations, Beat FM, Classic FM and Naija FM declined making a direct comment on the issue. ‘It is not in my place to speak about it. I think BON and IBAN would better address your enquiry’, Awokoya told KREST.

Since the declaration, there have been series of reactions from various stakeholders.

Many like DJ Jimmy Jatt, Sound Sultan and Timaya have chosen not to comment when contacted by our correspondent. Producer/artiste eLDee tha Don made his thought known on twitter as he wrote, ‘The music will reach its audience regardless, and the already dwindling traditional radio listenership will suffer a more dramatic decline’

Reacting to the suspension, a member of the board of COSON and CEO of Now Muzik, Efe Omorogbe maintains that broadcast stations are yet to come to terms with the payment for the use of artistes’ works. ‘It has been obvious for a while now that a good number of operators of broadcast stations (radio and television) in Nigeria would do anything to avoid paying royalties for the commercial exploitation of music.

 ’The Broadcasting Organisations of Nigeria (BON) threat presents proof and it is indeed unfortunate. In line with the regrettable tendency to create a ‘Nigerian standard’ that is clearly self-serving and retrogressive, the broadcast industry’

While addressing a group at a convergence of major industry stakeholders, Omorogbe presented a seven-point resolution reached by the musicians. Amongst other things, the resolution stated that every self-respecting artiste ignore the IBAN/BON ban while also encouraging broadcast stations to comply with the copyright law protecting musicians rights.

Obi Asika, CEO of Storm 360, who is also a board member of COSON says that the action of BON and IBAN only reveals the ignorance on which they operate. ‘It is a total absurdity that broadcasters whose actual entire income is derived from playing music could wake up one day and try to ban the very same music that sustains them. At the end of the day if you are not playing music what are we going to listen to…the generator?

Ayo Animashaun, CEO of Smooth Promotions, owners of Hip TV told NET, ‘The issue on ground is not an option to ban artistes. It is just another way of bullying COSON and I don’t think that is the right step to go’.

Collecting societies exist to monitor the broadcasting of their clients/members songs on various platforms. From the number of broadcasts, the broadcast stations pay a negotiated amount to the collecting society on behalf of the musician whose work is being used. These amounts is what is being referred to as mechanical royalties.

Established in 2000, COSON is a product of the coalition of several collection societies, prominent of which was the Performing and Mechanical Rights Society (PMRS). Prior to this time, the PMRS had been in a long drawn battle with the Orits Wiliki-led Musical Collecting Society of Nigeria (MCSN).

In April 2010, the NCC on behalf of the Federal Government of Nigeria announced COSON as the sole copyright collective management organization (CMO) for music and sound recordings in the country; following years of media and legal battles between MCSN and PMRS.

IBAN and BON however noted in the statement that they are willing to pay the royalties but on a more agreeable standard. ‘IBAN  and  BON wish to reiterate that its members are ready and willing to pay royalties for works used but will not be railroaded into arbitrarily imposed and concocted fees which are not based on any agreeable and verifiable tariff and standards’

Over the weekend the Zonal Manager of the Nigeria Copyright Commission (NCC), Chris Nkwocha commented on the ensuing crisis, stating that as much as the broadcast stations have a right to argue the terms of the royalties being demanded of them, they must recognize COSON’s position as the nation’s sole approving collecting society for music.

‘Where there is a dispute on the amount of money to be paid as copyright royalties, any of the broadcast station unhappy with what was being demanded of them has the right to apply to the NCC to set up a panel to review the fees under the Copyright Regulations 2007′, Nkwocha said.

Since the announcement of the ban, Emeka Mba led National Broadcasting Commission is yet to make its position on the issue known, although sources have reported that the NBC has been making efforts to get the parties involved to sit and dialogue in order to reach an amicable settlement.

Can the radio stations do without playing the music of these artistes? Will COSON and these artistes continue to sit back and watch how their intellectual works get used with no royalty checks from the broadcast stations? How effective will the ban be? These and more questions pundits and entertainment enthusiasts are waiting to find out as the event unfolds.