The Nigerian Digital Music
Summit was held at Eko Hotel and Suites, Victoria Island, Lagos on the 28th
and 29th of September, 2015. The theme was: “Establishing the Basic
Rules of Engagement in the Digital Environment.
The summit was organized by the
Copyright Society of Nigeria (COSON) with the support of the Growth and
Employment project (GEM) which is funded by the World Bank and domiciled in the
Federal Ministry of Industry, Trade and Investment.
In attendance were musicians,
music label owners, music producers, disc jockeys, copyright administrators,
rights managers, artiste managers, telecommunication companies, advertising
practitioners, legal practitioners and government officials.
At the end of the deliberations,
participants adopted the following resolutions:
1. All contributors
to the making and production of music, including songwriters, composers,
publishers, performers, label owners and other persons in the value chain
should benefit from any revenues accruing from the exploitation of the music.
2. The prevailing
sharing arrangements between right owners, content providers,, aggregators,
telecommunication network operators and other digital platform owners, under
which network operators keep between 70 and 80 percent of the revenue accruing
from the sale of music on digital platforms is unfairly skewed against the
owners of the copyright works and this imbalance should be addressed to ensure
fairness and guarantee the sustainable growth of the Nigerian music industry.
3. The Nigerian
Copyright Commission, in regulating the activities of collective management
organizations (CMOs), should take cognizance of the emerging platforms and the
challenges of exploitation in the digital environment and the need to provide a
clear, simple and functional licensing regime on these platforms.
4. Government should
immediately ratify all relevant international copyright treaties, particularly
the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty and
ensure that these treaties are implemented.
5. The Nigerian
copyright Commission should speed up on-going reform to address the protection,
administration and enforcement of rights in the digital environment.
6. Relevant organs
of government, including the National Assembly, should provide support for and
facilitate the implementation of the outcome of the copyright reform process of
the Nigerian Copyright Commission, through a speedy promulgation of an updated
copyright legislation.
7. The Nigerian
Communications Commission, the National Information Technology Development
Agency, the Nigerian Copyright Commission and Internet Service providers should
collaborate to check copyright abuses on the internet and facilitate the taking
down of and application of penalty provisions to websites dealing in infringing
music.
8. The Nigerian
Copyright Commission should address the increasing menace of illegal offline
downloads and increase its enforcement activities to stem the infringement of
copyright in music through such activities.
9.
The Nigerian
Copyright Commission should strengthen its Copyright Inspectors and have them
cooperate with practitioners in the music industry for effective enforcement of
the provisions of the Copyright Act.
10.Government should
immediately implement the provisions of the Copyright (Levy on Materials)
Order, 2012 to compensate right owners for the private copying of their works.
11.COSON should, in
the collaboration with the National Bureau of Statistics, initiate action to
develop reliable statistics and verifiable database in the music industry and
provide credible information for investors, regulatory bodies, tax authorities
and decision makers.
12.All relevant
stakeholders in the Nigerian music industry should address the current practice
of using musicians as brand ambassadors for telecommunications operators and
other corporate organizations and educate right owners on the proper assignment
of rights, bearing in mind the overriding interests of the industry, the
musicians and other persons whose interests are affected by such practice.
13.Telecommunication
operators and other digital platforms should be more circumspect in their
promotional activities so as not to devalue or adversely affect the sustainable
growth of the Nigerian music industry.
14.COSON should work
with other relevant institutions, agencies and interested persons to develop a
long term blue print for the sustainable growth of the creative and music
industry in Nigeria.
15.A digital Music Monitoring Group should be set
up to work closely with the Nigerian Copyright Commission, the Nigerian
Communications Commission, the Nigerian Information Technology Development Agency
and other relevant bodies to develop specific methods for the implementation of
the resolutions of this summit and monitor progress in the exploitation of
music in the digital environment, reporting at regular intervals on the state
of progress made.
I personally hope that my
attendance at this summit is not a wasted effort. I sincerely hope that these
decisions will move from paper to action and not business as usual.
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