Court of Appeal Sides With Copyright Commission in Five-Year Battle Against Musicians' Royalty Body
A musicians' rights group tried to stop a regulator from touching its operations. Five years later, the regulator won.
Royalty collection for Nigerian musicians has been tangled up in a courtroom fight for half a decade, and it just reached a turning point.
The Ruling
The Court of Appeal in Lagos has dismissed an appeal by the Copyright Society of Nigeria (COSON) against the Nigerian Copyright Commission (NCC), upholding a Federal High Court decision that refused COSON an injunction to stop the NCC from interfering with its operations, bank accounts, audits, and royalty collection activities. A three-member panel led by Justice Polycarp Terna Kwahar delivered the unanimous judgment on July 9, awarding ₦200,000 in costs against COSON.
Why COSON Lost
The court found there was no valid operating licence left for it to protect through an injunction in the first place. COSON's operating approval had been suspended back in April 2018 and had expired by May 2019, well before the society filed its suit. The panel held that an interlocutory injunction exists to preserve an existing state of affairs, not to reverse something that had already happened.
What COSON Argued
COSON's lawyers maintained the NCC lacked authority to revoke its licence without a court order, and that what existed was an unlawful suspension rather than a completed revocation, a fine legal distinction the appellate court did not accept.
What's Next
According to industry commentary, COSON is expected to press on to the Supreme Court, meaning this fight over who controls Nigerian musicians' royalty collection is not over yet.
Why It Matters
This case sits right at the intersection of copyright law and regulatory power, relevant to anyone working in entertainment law, IP, or media practice in Nigeria.
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