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.’
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.
