Nigerian Copyright Commission ,NCC, has warned Disc Jockeys ,DJs, to stop performing other people’s music publicly without a license or the owner’s authorisation, threatening to prosecute defaulters in a case that could lead to a N1 million fine or a 5-year jail term upon conviction by a court.
Dr John Asein, Director-General of NCC, disclosed this in an advisory issued on Wednesday in Abuja.
The NCC stressed that its attention has been drawn to the practice of some DJs, who publicly perform music without obtaining the requisite copyright licences from rights holders or their approved Collective Management Organisations ,CMOs.
Asein explained that based on sections 9 and 12 of the Copyright Act, 2022, it is only the owner of copyright in a musical work or sound recording who has the exclusive right to reproduce, perform, or communicate it to the public.
“Engaging in any of these acts without the owner’s authorisation constitutes an infringement under the Act.
“Such infringement may constitute a civil wrong or a criminal offence under section 44 (7), punishable upon conviction by a fine of not less than N1 million or imprisonment for a term of not less than five years or both.
“The public performance of music by a DJ, whether at hotels, event centres, clubs, gardens, or recreational facilities, constitutes both a public performance and a communication to the public of the musical work and sound recording, as provided for under the Act”, he stressed.
The D-G highlighted that the commission would “not hesitate to investigate, arrest, and prosecute any DJ found to be in contravention of the law”.
He advised DJs to obtain appropriate licences and pay royalties to the approved Collective Management Organisation ,CMO, before engaging in such performances.
“For the avoidance of doubt, the approved CMO for musical works and sound recordings in Nigeria is the Musical Copyright Society, Nigeria ,MCSN.
“The Commission is aware that the Disc Jockey’s Association of Nigeria ,DJAN, as the umbrella body representing DJs in Nigeria, has entered into a Memorandum of Understanding with MCSN.
“Under the arrangement, DJAN is authorised to work with MCSN to facilitate the payment of royalties by DJs nationwide, based on the tariff that DJAN had negotiated with MCSN”, he added.
He stated that henceforth, the commission would be collaborating with other relevant authorities to support the initiative of DJAN, to ensure that DJs carry out their trade in compliance with the Copyright Act.
