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FG Imposes Tax on Tech Devices, Others

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The federal government yesterday granted the Nigerian Copyright Commission (NCC) approval to impose levy on materials capable of being used for copyright infringement in a bid to compensate right owners for the loss that they would obviously suffer from the illicit copying of their works.

But there is something strange about that levy to compensate the victims of a supposed “crime” because in simple language it is a tax on blank media that is supposed to compensate copyright holders for a supposed “loss” from copies made for personal use.

Imagine a levy on devices like photocopying machines, MP3 players, digital juke box, mobile phones, CD recorders, DVD recorders, Blu Ray recorders, computer external hard drives, analogue audio recorders, analogue video recorders, personal computers, printing plates, printers/printing machines, radio/TV Sets enabling recording, camcorders and decoders/signal receivers.

Mr. Mohammed Bello Adoke, attorney-general of the federation and minister of Justice who issued the approval said thatthe Copyright (Levy of Materials) Order 2012, permits the implementation of a regime of levy on some materials capable of being used to infringe copyright.

Adoke said that this was granted in accordance with the provisions of Section 40 of the Copyright Act, Cap C28, Laws of the Federation of Nigeria, 2004.

The section empowers the Attorney-General of the Federation to make an order to be published in the official gazette of the Federal republic of Nigeria regarding the payment of levy in respect of any material used or capable of being used to infringe copyright in a work

The approval, conveyed to Mr. Afam Ezekude, director-general of the Nigerian Copyright Commission (NCC), in a letter reference, NCRC/DSD/10/I dated November 15, 2012, allows the Commission to issue the Copyright (Levy of Materials) Order 2012 by publication of same in the official gazette.

Ezekude indicated that the materials regulated by the levy imposed by the new Copyright Order include storage media like audio cassettes, mini discs, CDs, DVDs, Blu-ray, SD memory cards, video cassettes, USB flash drives, I-Pods and photocopying paper.

Others are equipment and devices like photocopying machines, MP3 players, digital juke box, mobile phones, CD recorders, DVD recorders, Blu Ray recorders, computer external hard drives, analogue audio recorders, analogue video recorders, personal computers, printing plates, printers/printing machines, Radio/TV Sets enabling recording, camcorders and decoders/signal receivers.

According to him, the proceeds of the levy would be payable to a special fund to be created by the Commission in line with Section 40(3) of the Copyright Act.

“The Commission is expected to disburse the funds to beneficiaries who are essentially approved collective management organisations (CMOs) subject to retaining 10 per cent of the collected levy for administrative purposes of agencies that would be involved in the implementation of the scheme”, he stated, adding, “The Order also permits the Commission to retain 20 per cent of the fund for anti-piracy purposes; and 10 per cent for promotion of creativity”, he stated.

The director-general noted that the compulsory levy provision was one of the pro-author provisions of the Nigerian Copyright Act, aimed at controlling acts of piracy and copyright abuses such as excessive photocopying and unauthorised reproduction of copyright works being carried out in circumstances that could not be subjected to voluntary licensing by right owners but which activities undermined the legitimate interests of copyright owners.

Ezekude observed that the lot of Nigerian copyright owners has been adversely affected, particularly with the advent of more advanced reproduction technologies which facilitate illicit copying either for commercial exploitation or for unauthorised private use, thereby denying copyright industries and the nation the benefit of maximizing the revenue derivable from these sectors.

“The new Copyright Levy Order is thus informed by the need to compensate right owners for the loss that they would obviously suffer from the illicit copying of their works, and to maintain an acceptable international standard of protection that would ensure the betterment of the lot of authors,” he stated.

“In order to address concerns of legitimate users of materials which are subject to the levy, and other activities which may not undermine the interest of authors, the new Levy Order provides for the Minister (in this case, the Honourable Attorney-General of the Federation) to exempt any class of materials from the payment of any levy. In addition to such exemption, the levy payable under the new Order does not apply to materials manufactured in Nigeria for purposes of export. Similarly, Institutions that represent persons with disability as may be approved by the Minister are also exempted from payment of the levy”, he added.

The director-general who pointed out that the new copyright Order received inputs of relevant stakeholders in the copyright industries, called on copyright stakeholders and relevant agencies of government to partner with the Commission to actualise the new levy Order.

He assured that as Nigeria was being repositioned to reap the gains of the new transformation agenda, through the proposed reform of the Copyright system recently launched by the Commission, the implementation of the Order would strengthen the economic position of creators, encourage investment, generate revenue for government, discourage piracy and other abuses as well as provide incentive for more creativity.

The approval is coming as most governments around the world are rethinking the copyright levy system because of its controversial nature and some are already replacing it with new system of payment of copyright levies that are charged to the government’s general budget.

The amounts paid as compensation are determined taking into account the harm caused to the author.

 


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Foreign Inflow to NGX Dropped in April – Report

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The value of foreign inflow on the Nigerian Exchange Limited dropped by 19.14 per cent month-on-month to N42.58bn in April from N52.66bn in March.

This was indicated in the Domestic & Foreign Portfolio Investment Report of Nigerian Exchange Limited for April.

On the flip side, foreign outflow worsened by 88.10 per cent to N78.25bn from N41.60bn in March, indicating foreign investors’ appetite for the local equity market was still low.

The decline also followed a pattern that had been observed since the beginning of the year, as foreign outflow steadily rose from N37.33bn in January to N40.88bn in February.

Combined, foreign transactions recorded an increase of 28.19 per cent to N120.83bn in April compared to N94.26bn in the prior month.

The local bourse lost about N3.54tn in April on the back of bearish trades, as investors looked for improved yields on alternative markets.

Meanwhile, $1.30bn worth of cleared USD/naira-settled non-deliverable forwards open contracts on the FMDQ securities was due yesterday.

Cleared naira-settled non-deliverable forwards are contracts where parties agree to an exchange rate for a predetermined date in the future, without the obligation to deliver the underlying US dollar on the maturity/settlement date.

Upon maturity, both parties are assumed to have transacted at the spot FX market rate.

According to the FMDQ, the cleared USD/NGN NDFs contracts are cash-settled in naira and the differential between the contract rate and the Nigerian Autonomous Foreign Exchange Fixing rate on maturity day determines the settlement amount, i.e., the gain/loss in the contract.

The product, which can be used for hedging, was introduced in 2016, with the Central Bank of Nigeria as the pioneer seller of the cleared USD/NGN NDFs contracts.

The apex bank currently offers amounts for different tenors, ranging from 13 months to 60 months, to authorised dealers, who in turn offer the same to customers with trade-backed transactions or trade the same with other authorised dealers; settling on bespoke maturity dates.

Speaking on the due cleared USD/NGN NDFs contracts, a financial market analyst, Olaide Baanu, said, it would require a huge payment from the CBN, which could impact the value of the local currency.

“The settlement of $1.3bn implies a cash payment of approximately N1.8tn from the Central Bank of Nigeria based on the NAFEX rate of around N1,400/dollar. If this volume of naira is paid by the CBN, it is likely to lead to further depreciation of the naira beyond the CBN’s target or desired range.

“Market participants are expected to use the excess naira liquidity to repurchase USD, putting additional pressure on the naira’s value.

“Regarding whether the CBN has sufficient naira volume to make such a payment, it would depend on various factors such as the CBN’s foreign exchange reserves, monetary policy objectives, and the potential impact on domestic liquidity and inflation.

“In response to such a significant cash outflow, the CBN may need to intervene in the foreign exchange market to stabilise the naira’s value before and after the payment.”

According to Baanu, this intervention could involve measures to bring down the official exchange rate to around N1,000/dollar or issuing promissory notes to manage the liquidity impact and prevent excessive naira circulation at once.


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FBNQuest Trustees Set to Host an Estate Planning Clinic in Ibadan

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FBNQuest Trustees, a subsidiary of FBNHoldings, and a leading provider of trust solutions to individuals, corporate entities, and government institutions, is hosting an Estate Planning Clinic in Ibadan, Oyo State, Nigeria. The event will take place on May 30, 2024.

The forum’s theme is “Preserving Legacies Across Generations” and aims to educate residents from Ibadan and environs about the importance of estate planning in accordance with relevant legislation. The session will be led by experienced professionals with in-depth knowledge and extensive experience in estate planning.

The focus of this event is generational wealth transfer and proper estate planning, using live and practical examples to bring the message to bear.

The session will provide participants with a comprehensive understanding of the necessary steps and actions to take to preserve their properties across generations. Additionally, FBNQuest Trustees will share valuable insights on managing conventional estate plans, which are designed to ensure the preservation of legacies.

 

 


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Orange, Digital Africa Partner to Grow Tech Start-ups

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Orange has provided more resources to deepen and expedite support for African tech start-ups as they navigate and thrive in a fast-evolving digital world.

Under its Orange Ventures arm, the multinational telecoms giant, which has 266 million subscribers, recently teamed with Digital Africa to invest in start-ups under the Fuzé scheme.

Fuzé is a €6.5 million facility formed by African entrepreneurs to invest in start-ups in the ideation and minimum viable product stages.

It is entirely owned by Digital Africa. The agreement, launched at Vivatech in Paris, follows the two firms’ 2023 partnerships to fund start-ups from the Orange Digital Centre (ODC) network.

ODC network is an ecosystem deployed in 17 countries in Africa and the Middle East, and 8 countries in Europe, bringing together young people for start-up incubation and acceleration, as well as support for and investment in project leaders.

Faycal Adlouni, managing partner at Orange Ventures, stated that the company is committed to promoting entrepreneurship and innovation in Africa.

“The Orange Group is fully committed to nurturing the future champions of the technology scene in Africa and the Middle East. This arrangement, involving Orange Middle East and Africa, Orange Ventures and Digital Africa will collectively enable us to concentrate our resources to create an environment conducive to the success of start-ups,” he said.

In the first year, five tech start-ups in the ODC received $54 200 each as part of Digital Africa’s Fuzé program. Grégoire de Padirac, CEO of Digital Africa, said the latest initiative strengthens the strategic partnership signed last year.

 


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