The Performing Musicians’
Employers’ Association of Nigeria (PMAN) has reacted to the news of the
impending repeal and re-enactment of the Copyright Act (Cap. C.28 Law of the
Federation of Nigeria) 2004.
PMAN’s reaction was based on the
apparent speed and secrecy with which the Bill to repeal the Act and re-enact a
new one was shrouded.
About two weeks ago, the media
(both print and electronic) were agog with the news that the Bill to repeal and
re-enact the Copyright Act 2004 2021 has passed second reading at the floor of
the Senate.
PMAN hearing and reading this
news, contacted notable groups and associations in the creative industry,
particularly, the Musical Copyright Society of Nigeria (MCSN) and the
Directors’ Guild of Nigeria (DGN), all which denied any knowledge of the Bill
and its contents. We then became very
apprehensive that some sinister motives are at play to halt and reverse the
progress already made in the field of copyright administration and enforcement.
PMAN immediately wrote a formal letter
to the Senate Leadership, specifically, the Senate President, the joint
Chairmen of Senate Committees on Judiciary, Human Rights and Legal Matters and
Trade and Investments, Senate Majority Leader, Senate Minority Leader, Senate
Chief Whip among others, to express PMAN’s concern over a Bill that touches
upon the livelihood and constitutional rights of Nigerian Musicians without
their knowledge or input. PMAN’s simple
request was that it should be availed of a copy of the Bill to at least know
what it contains and if necessary, make input.
PMAN did not stop there; we wrote
a letter to the sponsor of the Bill, Senator Adetokunbo Abiru, expressing the
same concern and requesting the Distinguished Senator to recall the Bill for
stakeholders’ consideration. We received
a very nice and swift reply from Senator Abiru who advised us to access the
Bill from a link which he gave as www.nass.gv.ng. From our attempts, we discovered that the
link does not exist and we used our initiative to access the National Assembly
website and found that the said Bill was not among the posted Bills pending
consideration before the National Assembly (both the Senate and the House of
Representatives). We then rightly
assumed that we were deliberately sent on a wild goose chase by the
Distinguished Senator and came to the incontrovertible conclusion that certain
forces are pushing the Bill secretly while trying to present the image that the
process is open.
PMAN rejects this process in its
entirety, noting that the Sponsor of the Bill, Senator Abiru, is not an author,
painter, artist or a musician. As far as
we know, we are not able to trace any interest to him that could be classified
as copyright-related that would make him so interested in pushing a Bill that
would affect the lives and constitutional rights of millions of Nigerian
stakeholders without their knowledge and input.
We have contacted our allies in
other organisations and associations and they expressed the same worries. Some have actually written to the Senate Leadership
expressing their concerns.
Our concern is more fuelled by a
recent Public Hearing held on 16th and 17th June 2021 by the House of
Representatives’ Committee on Information, National Orientation, Ethics and
Values on the Bill to Repeal the National Film and Video Censor’s Board Act and
Enact the National Film and Video Censorship, Classification and Exhibition
Regulatory Commission Bill 2019 in its place.
Up to the date of that Public Hearing, stakeholders in the industry were
not aware of the Bill and its contents.
PMAN is stating for the umpteenth
time and the records that the works of our intellects, which consist of
literary works, musical works, artistic works, cinematograph films, sound
recordings and our performances are our private property. They are our Constitutional and Fundamental
Human Rights. Any attempt to tamper with
them with a view to appropriate them for anybody or authority be it private or
public shall be resisted.
PMAN calls on other stakeholders
in the entire creative industry to rise and team up for the defence of their
moral and economic rights.
PMAN also calls on the leadership
of the National Assembly both at the Senate and House of Representatives to
thread softly on these Bills until the real stakeholders have made their inputs
and had their say.
Thank you.
Pretty Okafor
President
29 June 2021.
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