STARTING  from Sunday, May 19, the build up to the COSON Song Award Week will reach fever-pitch excitement when activities of the award ceremony will kick off in a week-long festivity that promises to keep Nigerian artistes busy. These activities will culminate in a glamourous award on May 25 at Oriental Hotel, Victoria Island, Lagos.

From last year, the Chief Tony Okoroji-led Copyright Society of Nigeria (COSON), as the only Collective Management Organisation (CMO), has kept the airwaves abuzz with jingles and wild commercials heralding what has been termed ‘mother of all shows’ to signal a new dawn in garnering reward for Nigerian musicians. From start, the only licensed collective body has determined to make itself heard and has mounted several activities including advocacy, legal action and picketing of establishments in corporate Nigeria and users of copyright materials, especially music. Its aim has been for them to do what is needful and to be responsible for the music they use.

Over the years, inability of users of musical works to pay royalty plagued Nigeria music industry to the point where it pauperised the country’s musicians.

Although the ripples of licensing one CMO, COSON, in a democratic country like Nigeria is yet to abate, with the oldest CMO, Musical Copyright Society of Nigeria (MCSN), established in 1984 left still in the cold and kicking furiously, COSON has gone ahead to assume the role and has duly paid out monies collected as royalties to artistes. The licensing of one CMO, a move apparently regarded in some quarters as undemocratic and monopolistic by the regulatory body, Nigeria Copyright Commission (NCC), has attracted legal fireworks from MCSN, which in turn, has been clamped down by NCC and even shutting it down.

While citing impunity for NCC’s actions, MCSN has recently taken a step forward in marching on the National Assembly in Abuja to demand its democratic rights by asking the lawmakers to compel the Director-General of NCC and its supervising ministry to obey court orders and duly grant it right to operate as CMO. It also hinges its arguments on the grounds that Nigerian artistes were losing money that ought to accrue to them from the international scene since it has the widest link and affiliates of CMO on the international scene, a vintage position it has over COSON.

While promoters of MCNS are hopeful of a positive response from Abuja lawmakers, Nigerian artistes are gearing up for a week of festivities designed to emphasise the centrality of the artiste as the man to give due regard in the use of musical works. From COSON’s efforts so far, attitude of music users such as radio stations, TV stations and other users of music have begun to shift, as they now see the need to pay for the sweat of artistes whose music they generously use. With its telling pay off line, ‘… let the music pay!’, COSON has continued a tradition that MCSN started years back, which experienced hiccups because of low awareness or sheer impunity on the part of music users to compensate artistes for their work.

Only last year, COSON reportedly shared monies to artistes as royalties in its care and it produced a feel-good mood in the music industry, as a champion of the cause of Nigerian artistes who have suffered in silence for long. Striding steps forward in its desire to make artistes centre of its operations, Okoroji conceived a foundation for the CMO he heads, The COSON Music Foundation tagged ‘the big non-profit trust in support of creativity’ that gave birth to The COSON Week in which The COSON Song Award is a major part.

But opinion is divided in the industry on whether a CMO that should be collecting money from music users should turn around to spend part of that money to organise award. Where would the money come from to organise The COSON Song Award given the apathy of corporate Nigeria to sponsorship? Could it be monies collected for the purpose of distributing to artistes that COSON is spending to hold the show? COSON was licensed first and foremost as a CMO and not an award-giving body. So, where does COSON derive its mandate?

But Okoroji has dispelled such fears from the minds of those nursing them. He argued recently, “We are not the first CMO to set up a foundation. We are also not the first to have a lecture or an award event. What might be different is that we have the skills and experience to do these things with the kind of class and expertise that others do not have. My information is that there is positive buzz in the CMO community around the world because of the COSON Week. Many officers of different CMOs are heading to Lagos for the COSON Week”.

While reacting to The COSON Song Award, flutist, Tee-Mac Itseli, noted that COSON’s job should be collecting money and distributing it to artistes and frittering artistes’ money away on a frivolous award that would not benefit artistes in anyway. He disclosed that MCSN, which he belongs but which is besieged by incessant attacks from NCC, had proposed a bill to the National Assembly to the effect that NCC should be investigated on why it does not obey court orders and for it to liberalise the operating environment for as many CMOs as could meet set down requirements to set up shop.

Tee Mac asserted that what COSON was doing by organising a song award was illegal and well outside the ambit of its purview, as a collective management organisation. He stated, “We’re not happy about The COSON Week. The week comes out of money that should be distributed to artistes. Our bill is asking for the licensing of MCSN to collect monies world-wide for Nigerian artistes, So, Nigerian artistes are loosing out of monies that should come to them from outside. I’m an artiste, but I don’t want to be COSON member”.

A major and old time player in the music industry, Mr. Laolu Akins, was of the view that a music union ought to be the one spearheading such award as COSON was doing, as was the case a few years back when Performing Musicians Association of Nigeria (PMAN) organised Nigeria Musici Awards (NMA) in which he played a prominent part.

Akins argued, “It’s more applicable for the union body to do awards. Things have changed a great deal since NMA. There are not many awards of quality applicable to the music industry, maybe Headies by Ayo Anumashaun. Music awards now are just for the sponsorship money organisers  get. There’s a need for a niche awards to be put in place for Nigerian music, which will not be a bad idea. COSON may be doing this because nobody authentic is doing music award of real value. And to be quite honest, I think COSON organising music award can be debated, whether a body like COSON should be the one doing awards”.

A blogger and legal practitioner, Mr. Akinyemi Ayinoluwa recently titled his blog post, ‘COSON Week (May 19 – 25, 2013): Any Genuine Concerns for Music Publishing in Nigeria?’, where he said, “The COSON (Copyright Society of Nigeria) week is upon us and I am burdened  with the task of penning my thoughts, to express what opportunities abound if COSON gets it right eventually and what fortune awaits early-comers who take a decisive step in unlocking the countless potentials embedded in Nigeria’s budding music industry – particularly Music Publishing”.

Ayinoluwa further highlighted NCC’s undemocratic licensing issues, saying, “However, there has been a bickering and attendant judicial skirmish over who is the sole collector in Nigeria. At the time of penning this piece, Copyright Society of Nigeria (COSON) seems to be recognised as such. However, it is an anomaly in my opinion as there could be more bodies to administer royalty collection. In all honesty, it is doubtful if a sole collecting society can effectively subdue the difficulties experienced in the administration of royalty collection and the publishing industry in Nigeria”.

He commended the strides COSON has made so far in reining in errant users of musical works in the country, “One fact worthy of commendation is this – the Copyright Society of Nigeria (COSON) has in the last three years recorded giant strides in royalty collection and in the sensitising of the general populace. There are reports of collaboration with other Collecting Societies within and outside Africa. Its mantra “Let The Music Pay” has helped illuminate the minds of ignorant entities or adamant music users. To forestall an overwhelming of COSON, it is needful that more hands are on deck and plough to help build and mow a neglected could-be greener pasture”.

However, music star and MCSN chairman, Orits Williki, said COSON erred in entering into any other business other than royalty collection and distribution to artistes in its care. He noted, “Legally, does the song award cover the scope of its duty as established to operate? I don’t think so. Their work should start and stop at collecting and paying money to artistes in their care. So, the question artistes in their care should be asking is, ‘whose money are you using to carry out these programmes – music awards, beauty competitions?’ A CMO is a company limited by guarantee and cannot do all that. So, it depends on membership of artistes under COSON management to ask them questions; they ought to ask whose money they are using to prosecute these programmes, which are outside of COSON’s influence”.

Sadly, all efforts made to get the reaction from NCC and its D-G, Mr. Afam Ezekude failed to yield result before going to press.

COSON Week is not a jamboree, says Okoroji

What stage of preparation is the foundation towards the mega event?

We have promised Nigerians seven superlative events within seven days during the COSON Week. No one has done that before. I do not want to pretend that it is easy to do. We are working practically 24 hours every day to deliver on our promise to Nigerians. As a person, I am leveraging on practically every asset I can. From now till the end of the COSON Week, I am making do with an average of about two hours sleep a night. My family rarely sees me. My laptop and cell phones are practically burning as I deal with thousands of little details that need to be tied up. Every day now, I make about a thousand calls, do countless text messages and e-mails. I am like a ball juggler with so many balls in the air. I have to keep my eyes on the balls. I cannot let any of them drop.

What level of participation are Nigerian artistes giving to the event?

I have not seen this kind of enthusiasm from my colleagues in recent years. My phones are ringing non-stop from artistes who want to be part of one event or another. Traffic at the COSON office is at its peak. The enthusiasm is almost overwhelming but the events belong to the artistes of Nigeria so we must find a way to have everyone engaged. I can understand it. The COSON Week is the biggest platform for any musician in the country today. We will make sure every musician benefits from it.

What effect is the mega show expected to have on artistes in the country?

I have said repeatedly that any person with strategic vision will see the change agent that COSON has become and the strategic impact that the seven mega events called the COSON Week will have on entertainment in Nigeria for many years to come. I have also expressed the opinion that I am not comfortable with the argument that we must do easy things or work within the confines of rules set by others.  Each of the seven mega events is in support of the COSON Music Foundation, the big non-profit trust we are setting up to provide a backbone for Nigerian music and musicians. In a profession where there is no pension, gratuity or insurance scheme, I do not believe that anyone can argue over the wisdom in setting up the COSON Music Foundation. The foundation will provide support for artistes in need and also provide funding for music education, which is something we ought to have been done many years ago. As we promote these events, we are also spreading the COSON brand and the important work we are doing to protect the rights of artistes in Nigeria. We are expanding the revolution encapsulated in our mantra, ‘Let the music pay!’

What is the source of funding for the event? Any support from corporate Nigeria?

Within the leadership of COSON, we took the decision that no money from COSON meant for distribution to the members will be spent on the COSON Week. I was told that if we had such faith in the event, we had to go and raise the money to finance it. I have held meetings after meetings with many key people in corporate Nigeria. We continue to seek their help to support the events and the COSON Music Foundation. I wish to say that the response can be better and quicker and the mileage is clear for everyone to see. The media has been fantastic and when this is over, we will have an opportunity to review our relationship with corporate Nigeria and all their brands.

As a collective management organisation (CMO), should COSON be engaged in organising events such as this?

We are not the first CMO to set up a foundation. We are also not the first to have a lecture or an award event. What might be different is that we have the skills and experience to do these things with the kind of class and expertise that others do not have. My information is that there is positive buzz in the CMO community around the world because of the COSON Week. Many officers of different CMOs are heading to Lagos for the COSON Week.

Some critics in the music industry may argue that monies meant to be shared to artistes as royalties to better their lives are now being frittered away in a jamboree. What is your response to this charge?

As I have said to you, not one kobo of the income of COSON is being spent on the COSON Week and the COSON Week is not a jamboree. The COSON brand is growing in leaps and bounds because of the COSON Week without the society spending a penny. While I was president of PMAN, I recall that there were those who were unhappy with the involvement of PMAN in the Nigerian Music Awards. Eventually, the NMA more than anything else, gave PMAN tremendous national stature and income. That is the nature of a democracy. Everyone has a right to his say.

Did the regulatory body, Nigeria Copyright Commission (NCC), approve this show for its sole collective management organisation (CMO) in the country?

The NCC is fully informed about what we are doing and to the best of my knowledge the NCC has no objection.

What is the level of compliance by government-owned stations so far in COSON’s drive for royalties for artistes?

You will recall that the Federal Radio Corporation of Nigeria (FRCN) was one of the first to break the jinx over royalty payment in Nigeria. Our relationship with FRCN since then has been remarkably good. We have worked through very difficult moments to improve our relationship with NTA under the present leadership. In the last fortnight, I have been to Abuja and have had productive meetings with the leadership of both organisations.

I have recently called on the National Assembly to make clear provisions in the budgets of all Federal Government-owned broadcast stations for the payment of copyright royalties. A situation where the stations are meant to struggle to pay artistes royalties from their so-called internally generated revenue is simply unacceptable.

Nearly all of these stations were set up for political reasons. They have very little chance of generating proper revenue. Meanwhile, they sustain their operations by freely using the intellectual property of innocent citizens who have invested in creativity with hard earned money to produce the music. I have said elsewhere that the Nigerian music industry cannot be expected to subsidize broadcasting in Nigeria.

The capital requirements of the stations are budgeted, the salaries of the staff are budgeted but the royalties to those who create and invest in the music, which sustains the stations is not budgeted. The royalties are the ‘salaries’ of those in the music industry whose works are broadcast and this is left to the vagaries, whims and caprices of ‘Internally Generated Revenue’. The reality is that most of the stations, in defiance of the law, do not pay any royalties or when they pay at all, what they pay is absolutely laughable. This appears to be state sanctioned robbery of young Nigerians who invest in the music industry in our nation. The National Assembly has a responsibility to bring this robbery to an immediate end and every State Assembly must do likewise.