Section 88 Copyright Act
Section 88 Copyright Act 2022 is about Collective Management Organisations. It is under Part X (Establishment of Nigerian Copyright Commission and Copyright Administration) of the Act.
(1) A Collective Management Organisation (in this Act referred to as “CMO”) formed by rights owners may apply to the Commission for approval to operate in respect of any one or more categories of works.
(2) The Commission may approve a CMO, if it is satisfied that —
(a) it is incorporated as a company limited by guarantee ;
(b) its objects are to negotiate, grant copyright licences, collect royalties on behalf of copyright owners and distribute such royalties ;
(c) it represents a substantial number of owners of copyright in any category of works protected by this Act ; and
(d) it complies with the terms and conditions prescribed by regulations made by the Commission under this Act.
(3) The Commission shall not approve another CMO in respect of any category of copyright works, if it is satisfied that an existing approved CMO adequately protects the interests of copyright owners in that categories of works.
(4) A person or group of persons, however described, shall not perform the duties of a CMO without the approval of the Commission as required under this Act.
(5) Any person who contravenes the provisions of subsection (4), commits an offence and is liable on conviction in the case of —
(a) an individual, to a fine of at least N1,000,000 or imprisonment for a term of at least five years or both ; and
(b) a body corporate, to a fine of at least N5,000,000.
(6)The Commission shall have the power to —
(a) suspend or revoke the approval given under subsection (2) ;
(b) review and approve tariffs as may be determined by a CMO ; and
(c) make regulations specifying the conditions necessary for the effective management of CMOs and to give effect to the purposes of this section.
(7) For the purposes of this section —
“Collective Management Organisation” means an organisation representing copyright owners, which has as its principal objectives the negotiating and granting of licences, collecting and distributing of royalties
in respect of copyright works ;
“group of persons” includes a body corporate or entity ; and
“owners of copyright” includes owners of performer’s rights.
(8) The Commission may, where it finds it expedient, assist in the establishment of a CMO for any category of copyright works.
(9) Notwithstanding the provisions of this Act or any other law, a CMO may issue licences permitting the use of works of owners of copyright who are not members of the CMO, provided that –
(a) such works are of the same category as works for which it is approved to issue licences ;
(b) the owners of copyright in such works are not otherwise represented by any other CMO ;
(c) there is not more than one CMO approved to operate in the particular category of works concerned ;
(d) the owners of copyright in such works have not by written notice to the CMO, opted out of collective management of their rights ; and
(e) the CMO does not discriminate against such owners in terms of the tariffs for the use of their works and the payment of royalties to such owners.
