By Isaac Rutenberg**
From Ifeoluwa Olubiyi, a PhD Research Fellow at the University of Ilorin, Nigeria, we have received the following survey questions:
1. Does the copyright law in your jurisdiction prohibit multiple collecting management organisation or collecting societies for a class of works?
2. Section 39(3) of the Nigerian Copyright Act provides that the Nigerian Copyright Commission shall not approve another collecting society (CMO) in respect of any class of copyright owners if it is satisfied that an existing approved society adequately protects the interests of that class of copyright owners. This provision has led to litigations in Nigeria by a CMO, Musical Collecting Society of Nigeria, which was unable to get the approval of the Commission to operate as an approved collecting society for musical works where it sought to invalidate this provision.
Is there such similar provision in the copyright law in your jurisdiction?
3. Are there any judicial decisions on or interpreting this provision or relating it to other legislations such as the constitution in your jurisdiction?
4. How justifiable is such a provision in the light of international copyright treaties particularly the TRIPS Agreement and the Berne Convention?
You can answer in the comments to this blog or, if you email this blogger, an email exchange can be arranged.
1. Does the copyright law in your jurisdiction prohibit multiple collecting management organisation or collecting societies for a class of works?
2. Section 39(3) of the Nigerian Copyright Act provides that the Nigerian Copyright Commission shall not approve another collecting society (CMO) in respect of any class of copyright owners if it is satisfied that an existing approved society adequately protects the interests of that class of copyright owners. This provision has led to litigations in Nigeria by a CMO, Musical Collecting Society of Nigeria, which was unable to get the approval of the Commission to operate as an approved collecting society for musical works where it sought to invalidate this provision.
Is there such similar provision in the copyright law in your jurisdiction?
3. Are there any judicial decisions on or interpreting this provision or relating it to other legislations such as the constitution in your jurisdiction?
4. How justifiable is such a provision in the light of international copyright treaties particularly the TRIPS Agreement and the Berne Convention?
You can answer in the comments to this blog or, if you email this blogger, an email exchange can be arranged.
Thanks in advance!
**Dr Rutenberg is the director of CIPIT at Strathmore University Law School. This article was first published on the Afro-IP Blog here.
