A major dispute has emerged within Nigeria’s music industry following the decision of the Nigerian Copyright Commission (NCC) to disburse private copying levy royalties to the Musical Copyright Society of Nigeria (MCSN). The Record Label Proprietors Initiative Ltd/Gte (ReLPI), representing leading owners of sound recordings in Nigeria, has formally rejected this proposed disbursement.
The private copying levy—also referred to as the copyright levy—is a statutory form of indirect remuneration payable to copyright owners. It is premised on the recognition that certain acts of private copying cannot, for practical reasons, be licensed individually by rights holders.
In practical terms, the levy is imposed on devices and materials capable of being used to reproduce copyrighted works, such as mobile phones, storage devices, and copying equipment. The rationale is that where private copying is unavoidable, the law establishes a compensation mechanism to ensure that rights holders are not unfairly deprived of value. Nigeria’s Copyright Act expressly provides for “a levy on any material used or capable of being used to infringe copyright in a work,” with the Minister empowered to prescribe applicable rates and exemptions.
