On January 28, 2025, the Nigeria Copyright Commission (NCC), in the exercise of its powers under the Act,1 published the newly gazetted Collective Management Regulations, 2025.2 This regulation repeals and replaces the 2007 Regulation,3 which previously governed the affairs of Collective Management Organisations (CMOs) and rights owners in Nigeria.
The Regulation establishes a comprehensive legal framework for the approval, membership, management, and obligations of CMOs. It is regarded as a significant improvement over the repealed 2007 Regulation, having expanded the obligations of CMOs to promote greater transparency and accountability in their dealings with rights owners. Additionally, it codifies the functions of CMOs, strengthens their governance framework, enhances the rights and responsibilities of members, and empowers the Nigerian Copyright Commission with more robust oversight functions.
The newly established framework aims to strengthen the oversight of CMOs by clearly defining their obligations in managing the rights of their members. It seeks to protect the interests of copyright owners by setting out conditions that CMOs must fulfil in administering the rights of authors and copyright owners entrusted to them. These conditions are guided by the internal rules of the CMOs, the Copyright Act, and the provisions of the new Regulations.
The legal framework highlighted some notable provisions that were absent in the old law, marking a major shift in copyright administration in Nigeria. For instance, the new requirement for Collective Management Organisations (CMOs) to submit to the Commission a statement of any monies collected and distributed as royalties for the period of the existing approval at the point of seeking renewal of an operating license, represents a major shift from the old regulation, which did not mandate such detailed financial reporting. This inclusion safeguards the economic interests of rights owners while granting the Commission stronger oversight powers to ensure fair and efficient collective management. With this requirement, the Commission can now assess the performance and compliance obligations of CMOs with royalty distribution rules before renewing their licenses, something it could not effectively do under the previous framework. Access to these statements also enables the Commission to detect underperforming CMOs or patterns of fund mismanagement and take appropriate corrective measures.4
There is also a notable procedural shift in the dispute resolution mechanism under the new regulation5 compared to the 2007 Regulation. Under the previous framework, disputes were first referred to the Commission, which had the discretion to set up a dispute resolution panel if it deemed it necessary, essentially acting as a gatekeeper or screening authority before any panel was constituted. The 2025 Regulation, however, eliminates this initial screening role of the Commission by removing it as an intermediary process. This change reduces bureaucracy and potential delays, allowing aggrieved parties to have their disputes addressed more directly and efficiently without navigating multiple administrative layers.6
The new Regulation expressly codifies the principles of fairness and equitable treatment, which were only implied under the 2007 Regulations. This explicit inclusion establishes a clear benchmark against which the conduct of CMOs can be assessed. Rights owners now have direct grounds to challenge discriminatory or unfair practices by CMOs, such as disproportionate royalty distributions or a lack of transparency in licensing activities.7
To promote accountability and transparency, the regulatory framework mandates CMOs to provide key information to rights owners. This includes a clear disclosure of the nature and scope of rights transferred by members to their CMOs, as well as the procedures available for limiting or restricting the authority of the CMOs when necessary. By ensuring that members are fully informed, the regulation helps prevent unnecessary disputes that may arise from ambiguous or implied terms in membership agreements.8 Rights owners may grant rights to one or more CMOs, provided there is no overlapping grant of the same rights in the same territory.9 The Regulation introduces rules regarding the co-existence of multiple CMOs managing similar categories of rights (such as musical works or sound recordings), ensuring transparency and avoiding conflict in managerial control.10
The extended license renewal period from 2 to 3 years provides CMOs with greater operational stability and reduces the administrative burden and costs associated with frequent renewals. This allows them to focus more on their approved functions rather than constantly preparing for the next renewal. For right owners, a longer renewal period increases the need for robust oversight to ensure CMOs remain accountable throughout the 3-year term. However, it also encourages CMOs to make longer-term plans and investments that can improve royalty management and benefits to rights owners.
The Regulation provides for the amount CMOs may deduct for administrative costs before distributing royalties, The amount quoted must not exceed 30% of the total royalties and income received during the year the deduction was made. However, the Commission may approve a higher deduction upon application by a CMO, provided the application is supported by a resolution of the General Assembly.11
There is also a significant change in the 2025 Regulation compared to the 2007 Regulation regarding fees for approvals and related transactions. The 2007 Regulation left the determination of fees to the discretion of the Commission, to be prescribed "from time to time." The 2025 Regulation provides fixed, clearly stated fees (₦1,000,000 for new approvals, ₦500,000 for renewal, and ₦100,000 for certified copies), which gives transparency and allows CMOs to plan financially.12 By stating the fees in the regulation itself, the Commission's discretionary power to alter fees arbitrarily has been limited, ensuring consistency and fairness among applicants.
The framework has stipulated that existing CMOs approved under the Copyright (Collective Management Organisations) Regulations, 2007, may continue operations until the expiration of their current approvals. However, all renewal applications must now fully comply with the provisions of the 2025 Regulations.
Footnotes
1 Copyright Act, 2022.
2 Collective Management Regulations, 2025, available at <<a href="https://techpolicyadvisory.com/wp-content/uploads/2025/05/Collective-Management-Regulations-2025-1.pdf" target="_blank"> https://techpolicyadvisory.com/wp-content/uploads/2025/05/Collective-Management-Regulations-2025-1.pdf > accessed on 27th July 2025.
3 See, Copyright (Collective Management) Regulations 2007.
4 Regulation 5 (d) Collective Management Regulation, 2025.
5 Ibid.
6 Regulation 26.
7 Regulation 9.
8 Regulation 7 Collective Management Regulations, 2025.
9 Ibid
10 Regulation 13.
11 Regulation 25.
12 See, the Second Schedule to the Regulations, 2025 on Fees and Administrative Fines.
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