Nigerian DJs who play songs without a license risk 5 years imprisonment – NCC
Nigerian DJs could be facing a 5-year imprisonment or a 1 million naira fine should they play music without a license or the owner’s authorisation.
According to a NAN report, Dr John Asein, the Director-General of NCC, disclosed this in an advisory issued on Wednesday in Abuja.
The D-G stated that the commission’s attention has been drawn to the practice of some DJs, who publicly perform music without obtaining the requisite copyright licences from rights holders or their approved Collective Management Organisations (CMOs).
Mr. Asein explained that based on sections 9 and 12 of the Copyright Act, 2022, only the copyright owner in a musical work or sound recording has the exclusive right to reproduce, perform, or communicate it to the public.
“Engaging in any of these acts without the owner’s authorisation constitutes an infringement under the Act.
“Such infringement may constitute a civil wrong or a criminal offence under section 44 (7), punishable upon conviction by a fine of not less than N1 million or imprisonment for a term of not less than five years or both.
“The public performance of music by a DJ, whether at hotels, event centres, clubs, gardens, or recreational facilities, constitutes both a public performance and a communication to the public of the musical work and sound recording, as provided for under the Act,” he stressed.
The D-G advised DJs to obtain appropriate licences and pay royalties to the approved Collective Management Organisation (CMO) before engaging in such performances.
He also emphasised that the commission would “not hesitate to investigate, arrest, and prosecute any DJ found to be in contravention of the law.”
Copyright infringements continue to be an issue in Nigeria.
While the law is clear, its applicability continues to be an issue. The possibility of tracking DJs across the country to ensure compliance would be a major stumbling block in the NCC’s ability to carry out its regulatory responsibilities.
