Running A Collective Management Organization In A Deregulated Environment A Study of Performing and Mechanical Rights Society

Abstract

The creator of a work has the righ t to al10\\0" or to prohibit the use of his works; a playwright consent to his work being performed on stage under certain agreed conditions; a writer negotiate a contract with a publisher [or the publication and distribution of a book; an composer or a musician can agree to have his music or pcrfonnance recorded on compact d These example s illustrate 110W cop yrights owners can exercise their rights in person. Other cases have ShOWl~ that individual management of rights is virtually impossible with reg to certain types of use for practical reasons. An author is 110t materially capable or monitoring USeS or his works; he cunnot for instance contact every single photocopying centres, radio television station to negotiate licences and remuneration for the use orhis works. Conversely is not practical for a broadcasting organisation to seck specific permi ssion Irom every author the use or every cop yrighted work. An average of 60'000 musical works are broadcast tele vision every year , so thou sands or owners o r rights would have to be approached authorisation. The very impracticability or managing these activities individually, both for the owner of rigl and for the user, creates a need for collective management organisations, whose role is bridge the gap betwccn them in these key areas , among others. The challenges facing collective management organisat ion with respect to music in Nigeria is tl on-going debate to dcrcgu latc collecti ve management. This sentiment is understandable, specially ill all era of dcrcgu.ati on, which the Obasanjo administration is vigourousl y pursuing ls part or its rc fou n agenda. The purpose or the study is to take a thorough look at collective management with special emphasis on the Nigerian 11111Sic industry, its functions and its monopoly status. The research work was carried using, Performing and Mechanical Rights Society as case study. In gathering data for the study. personal interview and observation were used as a form or data collection. My findings were that , collective management organisations are also referred to as collecting societies. They arc essentially non-profit making national monopolies controlled by their members, and whose functions arc: (i ) tu license Iur spedlie uses of' work in which they hold copyriglus; (ii ) to moniior the 1IS~ of copyri ghtablc material and collect revenue; and (iii) to distribute the revenue as royalties to members of the society. Collective management organisations arc special kind or 111l.H10P()lics that are encouraged all over the world. Many countries around the world have Ol11y one collective management organisation representing a class of copyright owners in respect of the same right. The work concl udes that, where collective management organisation is dcrcgulated, it does not only weaken the bargaining power of the organisatiou, but creates huge problems for users who must run from here to there to I iCCllSC any work. Multiplying collecting societies will only create hug!.: administrative cost for the operators and for a country like Nigeria, it will further Iractun the music industry. The study rCCOIlllJ1CllJs amo ngst 0thcrs a check sys tem through a statutory regulation in order to check the monopoly powers of co llect ing societies .