The Nigerian Communications Commission (NCC) has issued a stern warning to disc jockeys (DJs) across the country, stating that playing a song without the necessary license or the owner’s authorisation can lead to severe consequences, including a possible five-year imprisonment term or a one million naira fine.
NCC Director-General, Dr John Asein, disclosed this in an advisory issued on Wednesday in Abuja. He 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).
According to Asein, 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 stated.
The DG advised DJs to obtain appropriate licences and pay royalties to the approved Collective Management Organisations (CMOs) 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.”
While the Nigerian Copyright 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.