Regulatory

The Nigerian Copyright e-Registration System (NCeRS) which is one of the regulatory schemes offers a platform for creators of copyright works or persons who have acquired rights in these works to register the works online with the Commission.

The e-Registration up-scales the existing data collection scheme of the Copyright Notification. It enables the Commission provide more efficient services and wider access to its authors and works, database to copyright authors and members of the public.

The e-Registration System (NCeRS) offers a great and easy access for authors on the digital database all over the world and it creates awareness on the scheme through the NCeRS provided for the right owners and the public.

 Works eligible for registration are:

• Literary works (books, other written and printed works and computer programs).
• Musical works (musical scores and compositions duly recorded).
• Artistic works (visual arts, pictures, drawings, 3-dimensional works, etc).
• Cinematographic films.
• Sound recordings (audio recordings).

 Works eligible for registration are:

• Literary works (books, other written and printed works and computer programs).
• Musical works (musical scores and compositions duly recorded).
• Artistic works (visual arts, pictures, drawings, 3-dimensional works, etc).
• Cinematographic films.
• Sound recordings (audio recordings).

For the purposes of registration, please log on to the NCeRS portal either from the link on the Commission’s website (www.copyright.gov.ng) or directly from the e-Registration portal (www.eregistration.copyright.gov.ng) and follow the steps below to create an account:

Step 1: Click on “Copyright Registration”.

Step 2: Click on “Create an Account”.

Step 3: Complete the account creation form including a valid email address and submit.

Step 4: An email notification would be sent to the applicant’s email address with login details. Applicants should use the username and password for future sign-in.

Once an account is created, applicant can log onto the web portal.

Click on “Register a new work” on the dashboard section of the portal. A dropdown menu indicating the various sections of the registration form will be shown.

There are eleven (11) sections to complete on the form. Applicant should complete the appropriate sections and click on “Save and Next” to continue to the next sections.

Note:

The form can be saved and completed later.

All fields with asterisk (*) must be completed.

Quick Tips on how to complete each section of the form can be found on the right hand side of the page.

Completed form can be saved as PDF file and printed.

Fees Applicable for e-Registration

The following fees are applicable:

• Copyright Registration Fee/Registration of Transfers: N10,000
• Issuance of Certified True Copy of Certificate: N5,000
• Issuance of Certified True Copy of Form: N5,000
• Issuance of Certified True Copy of a Work (paper-based only):
  1. Works below 50 pages N5,000
  2. 50 – 100 pages N7,500
  3. 101 – 200 pages N10,000
  4. Above 200 pages N15,000
  5. Corrections and Changes in submitted data N5,000.

Note:

• Fees may be paid either in Nigerian Naira or US Dollars for applications from outside Nigeria.
• Fees are subject to review from time to time.

Applicants requesting to receive certificates or other documents issued by the Commission by post or courier may be charged accordingly for the cost of such postage or courier.

Payment Method:

• Payment through REMITTA:
• Create a code on remitta.net with the following:

MDA-Nigerian Copyright Commission.

• Print out the slip with RRR code.
• Make payment at any bank in Nigeria with the slip at the REMITTA Desk.

MDA-Nigerian Copyright Commission

Platform- Copyright Notification Scheme.

• A slip with RRR code is issued.
• Use the RRR code for your e-Registration.

For further enquires, the contacts of the e-Registration Desk are: 09019011239, 08035001495, 08183413611; www.eregistration.copyright.gov.ng.

2. COLLECTIVE MANAGEMENT ORGANISATIONS (CMOs)
   

The Commission is by law mandated to grant approval to any organisation wishing to function as a Collective Management Organisation (CMO) and also oversee the operations of such organisations.

Every CMO is essentially an association of copyright owners, formed with the objective of negotiating and granting copyright licence and collecting royalties on behalf of copyright owners and distributing same to them.

Currently, there are three approved Collective Management Organisations, namely:

1. Reproduction Rights Organisation of Nigeria (RERONIG), a collecting society for literary and publishing.
2. Musical Copyright Society of Nigeria (MCSN), a collecting society for musical works.

• Audio-Visual Rights Society of Nigeria (AVR S), a collecting society for cinematograph films.

1. The Reproduction Rights Organisations of Nigeria (REPRONIG) (For Literary and Publishing Industry);

REPRONIG was formed by the academic community and stakeholders in the book industry as a non-profit organisation to administer the secondary rights of authors and publishers.

It has the right to negotiate, grant licenses, and distribute royalties to right holders in the literary field. It represents the interest of right holders, individual authors, publishers and their respective associations.

It also provides educational and secured platform for access to huge repertoire from across the world.

Link: www.repronig.ng

1. Musical Copyright Society of Nigeria (MCSN) (For Music and Sound Recordings);

The Commission approved the Musical Copyright Society of Nigeria (MCSN) on 3^rd April 2017 to operate as a Collective Management Organisation for musical works and sound recordings in Nigeria.

Link: www.mcsn.ng

• Audiovisual Rights Society of Nigeria (AVRS) (For Films);

AVRS is the CMO for cinematograph works in Nigeria. It is empowered to engage in the issuance of licenses on behalf of copyright owners in the film industry; for public and commercial use of films; to collect royalties accruing to such licenses and distribute same to copyright owners.

Links: info@avrsnigeria.com, avrsnigeria@gmail.com

A brief on the CMO Regulations is stated herein under:

The following documents must be submitted to the Nigerian Copyright Commission before a company can function as a CMO:

• A Certificate of Incorporation of company.
• Memorandum and Articles of Association of company.
• A statement indicating the category of right owners the society intends to represent.
• The List of members not less than 100.
• An undertaking by at least five directors of the company shall comply with the provisions of the Copyright Act.
• A membership agreement of the company.
• Evidence of payment of the prescribed fees.

Upon approval of the application, the Commission shall issue a certificate as evidence of its licence to operate as a Collective Management Organisation.

The licence shall be valid for three years and may be renewed every two years. Before the expiration of a licence, a CMO is required to apply for a renewal of its licence within six months before it expires and attach to its application an up-to-date list of its members and also the current repertoire of the organisation, indicating the title of each work and owner.

As the regulatory authority, the Commission has the power to suspend and revoke the license of a CMO. Other sanctions it can impose include a written caution, disqualification of the principal officer of a CMO and payment of fines.

Duties of a CMO

Part of the duties of a CMO is to keep a register of its minutes of meeting, and submit same to the Commission within 30 days; including reciprocal agreements, adoption of new tariffs and any alteration of the memorandum and articles of association.

In furtherance of its duties, it also owes to the right owners; the distribution of royalties to its members, it must not mandate a member to assign them (CMO) to collect royalties from other CMOs, It must not mandate a member to mandate them to be the sole collecting agent.

It must provide at the request of a member, the annual statement of accounts, list of persons that constitute the governing board of the organisation, auditors’ report and overall remuneration paid to any director or employee.

Finally, a CMO owes a duty to the users as follow: the description of rights or classes of rights it administers; the current licensing arrangements, tariff, terms and conditions; when there is a change in tariff, a CMO must inform the users; and where there is misrepresentation or negligence on the part of the CMO to the user, the CMO shall be liable to pay compensation to that user.

Unethical Practices of a CMO

Every CMO is expected to follow best global practices in order to collaborate transparently with its members and users of copyright works.

The following are the unethical practices of a CMO: a CMO must not grant a licence for a work that it is not authorised to administer; it must not collect and distribute royalties in respect of works for which it is not authorised to administer; it must not make false representation in respect of any matter to which it is required to provide information; it must not discriminate in the provision of licence to members of the same user class; and finally, It must not induce a user who is in the process of negotiating for a license against another CMO.

 

Holding Account

A holding account is an account that holds the royalties that the CMO was unable to distribute to the right owners; such as in the event of a dispute regarding the amount of the royalty, or where the CMO is unable to locate the owner of the work.

The royalty can only be held in the holding account for seven years and at the expiration of the seven years, the royalty is returned to the CMO’s general revenue account, which will eventually be distributed to the members of the CMO.

Dispute Resolution Panel

Where a dispute arises from any matter that falls within the purview of the CMO Regulations, it may be referred to the Commission for mediation and arbitration. A dispute resolution panel may be set up to hear the dispute and the decision of the Commission on the dispute shall be final on the parties, unless it is set aside by a competent court of law.

For Registration purposes, please contact the CMO Unit at the Head Office. Phone number: 09019011258, 08069561607; email: ainafolarin@gmail.com

3. Optical Discs Regulations (ODR)
   

A Regulation made by the Commission with the approval of the Attorney-General of the Federation for the regulation of Optical Discs Manufacturing plants, which include those involved in the manufacturing of Blu-ray, DVD, CD, VCD and those involved in the manufacture of stampers or masters. It also seeks to regulate the import and export of Optical Discs, production parts for machinery and raw materials for the production of optical discs, e.g. polycarbonate.

There are eight operational plants spread across the nation currently, two of them are mastering facilities while the rest are replicating plants. The plants are expected, after registration, to file for renewal not later than the 31^st December of the current year against the following year.

Approved Plants are:

• Linsoft Technology Limited.
• Corart Trading Company.
• Chronotech Nigeria Company Limited (Replicating).
• Chronotech Nigeria Company Limited (Mastering).
• Transerve Disc Technologist Limited (Replicating).
• Transerve Disc Technology Limited (Mastering).
• Shan Audiovisual Limited (Replicating).
• Quartz Digital Limited (Replicating).

How to Register an ODR Plant:

Step 1: You must have a registered company with the Corporate  Affairs Commission (CAC) with the main object clause.

Step 2: You must have a location for the business.

Step 3: Pick the registration form from the Commission.

Step 4: Invite the Commission for the inspection of the Plant.

Step 5: Submit all necessary documents.

Fees Applicable:

Registration of manufacturers

First production line                                                                       N250,000

Each additional line                                                                        N100,000

Reissuance of certificate                                                               N10,000

Renewal of registration for every production line                 N62,500

Approval of registration for every new plant importation   N100,000