The Nigerian Copyright Commission (NCC) has warned Disc Jockeys otherwise called Deejays who publicly perform music without obtaining the requisite copyright licences from rights holders or their approved Collective Management Organisations (CMOs) to comply With the Copyright Act 2022 or risk the fine of #1,000,000.00 or imprisonment for a term of not less than five years or to both.
This was conveyed in a Copyright advisory by the Director-General of the Nigerian Copyright Commission titled ‘Warning To DEEJAYS On Public Performance Of Music Without Licence’ made available to journalists on Wednesday in Abuja.
It noted that the public performance of music by a Deejay, 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 and thus constitute an infringement.
“Under sections 9 and 12 of the Copyright Act, 2022, the owner of copyright in a musical work or sound recording has the exclusive right to reproduce, perform or communicate it to the public. Engaging in any of these acts without the owner’s authorisation constitute a civil wrong or a criminal offence under section 44(7), punishable upon conviction by a fine of not less than #1,000,000.00 or imprisonment for a term of not less than five years or to both.
“Accordingly, Deejays are hereby advised to obtain appropriate licences and pay royalties to the approved Collective Management Organisation (CMO) prior to 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 (Ltd./Gte.) (MCSN).
“Take note that the Commission will not hesitate to investigate, arrest, and prosecute any Deejay found to be in contravention of the law. To this end, the Commission will be working
with other relevant authorities to support the initiative of DJAN to ensure that Deejays carry out their trade in compliance with the Copyright Act.”
The Advisory indicated that already, the Commission is aware that the Deejays Association of Nigeria (DJAN), as the umbrella body representing Deejays in Nigeria has entered into a Memorandum of Understanding with MCSN and that under the arrangement, DJAN is authorised to work with MCSN to facilitate the payment of royalties by Deejays nationwide, based on the tariff that DJAN had negotiated with MCSN.
