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The case-CMC MINCULT leaded recovery copyrights of music ... Survey
September 9, 2009. The Supreme Court in both chambers met and unanimously judges took two decisions. They definitely make the relevant order issued December 17, 2008 by Emmanuel Sandeu, a judge of the August institution. The court decision late 2008 to suspend the effects of two decisions of the Minister of Culture Ama Tutu Muna. The first, No. 0089 / MINCULT / cab of May 12, 2008 withdrew the license to the Cameroon Music cooperation (MCC), the company then responsible for the collective management of copyright and related rights of musical art . And the second No. 0089/mincult/CAB of May 15, 2008, put up an ad hoc committee that led the General Assembly that led to the birth of the Cameroon Civil Society Art Music (SOCAM) the current company in the field who has a license. The decisions of the highest court of Cameroon, however, still waiting to be applied.
The MINCULT in rebellion?
Tuesday, September 29, 2009. 20 days after the recent decisions of the Supreme Court. 02pm. No trace of human presence at the seat of the CMC Tsinga neighborhood in Yaounde. The doors are tightly closed. The thickness of dust on the veranda and the uncut grass in the backyard shows that the place is little or not at all busy for quite some time. Yet since the first judge's decision December 17, 2008 that CMC was restored in these rights. "In fact we should return to status quo ante. That is, put the CMC seal and convey to the SOCAM it is now outside the institutional circuit "said Jean Calvin Aba'a Oyono Mutations in the paper edition of 08 May 2009 following the first decision Supreme Court in the case now famous CMC-state of Cameroon (Culture Minister). For Mr. Oyono specialist administrative law, the CMC has been re-sealed since December 17, 2008 despite the expiry of its recognition theory developed in September 2008. The expiry of the approval is granted for 5 years renewable for the Minister of Culture, is the main reason given by opponents of the CMC and including Professor Adolphe Minko Shey Associate of Private Law and Criminal Sciences and chairman of Permanent Commission of Mediation and corporate control of collective management of copyright and related rights (CPMC), not to restore its rights in CMC. The decision of the Supreme Court from 09th september 2009 confirms definitively the first decision September 17, 2008. But it is still not implemented, pending the outcome of the case on the merits. The execution of court decisions regarding the administration in Cameroon, is not obvious. For Yves Nlomo Assam holds a DEA in public law "in Cameroon, the administrative judge has no authority to compel or to issue the injunction to the administration. If he does he will be guilty of an offense punishable under section 126B of the Criminal Code. The administration is not required, however, does not mean it does not. At least on the basic principles of democracy and the rule of law, the administration must implement the decisions of the judge. And she powers. That is to say that it is obliged to act. But the administration also has a discretion that is to say that she can appreciate the time and circumstances under which it is responsible for implementing decisions. Do not confuse that discretion is the interest and arbitrariness that is self-interest. Associate Professor John NGATSE law school is more formal. "The minister of culture must implement the decisions of the Supreme Court. And if it does not, she is in rebellion against the Supreme Court and liable to sanctions in the matter.
The difficulty in SOCAM
Even if the CMC does not work in a practical way, which carries the SOCAM currently in the field of copyright of music just to get payments from its users. Outside the CRTV state media, the most indebted of copyright does not pay. Those who have the will as MTN, the mobile phone company, to the confusion, prefer to put money into the hands of justice. The leaders of CMC haloed by the decisions of the Supreme Court have seized most of the large taxpayers copyright and ask them not to remit their contributions to the SOCAM. Odile Ngaski, President of the Board of SOCAM also observed these actions, which penalize SOCAM in a message to artists on the fringes of the distribution rights for public performances September 23, 2009. "The CMC is in transition to becoming president of the Court of First Instance of Yaounde, the administrative center, an order requiring the SOCAM to cease operations," said Guy ZOGO, the head of communications for the CMC. This further affirms that the CMC will prosecute SOCAM leaders for "rebellion against the decisions of the Supreme Court, illegal activities, misappropriation of corporate assets and organized fraud.
No real solution in sight
For now, it is unclear what will happen in the coming days in anticipation of a solution to the standoff CMC-MINCULT. Far from the legal field, a group of artists is planning to promote a dialogue between Sam Mbende, chairman of the board of directors of CMC and Ama Tutu Muna, Minister of Culture, to achieve a negotiated solution. Other artists are trained by cons to sign petitions calling for convening an extraordinary general meeting of the CMC to dissolve. "According to Article 42 of the CMC has over 6500 members, the third member must write to the CAC to request a special general meeting to dissolve the CMC. This can not happen otherwise. And those who sign petitions claim of SOCAM and not the CMC, "says Guy Zogo. He added that during the general meeting of May 10, 2008, a resolution calling for the continuation of activities of the JCC was passed. "A general leading to the dissolution of the CMC is not the agenda," says Guy Zogo.
For sources of the problem
On May 10, 2008. Day selected for the holding of an elective general assembly of the CMC. Sam Mbende, leaving the PCA is seeking a second term. The Minister of Culture disagrees. Virtually on the eve of May 10, Ama Tutu Muna sign a decision in which she made clear that Sam Mbende may be a candidate because guilty of financial malfeasance. In violation of the presumption of innocence to which he is entitled to say later Mbende Sat. The latter was arrested in the early morning hours of May 10 and questioned for several hours by police, then left free, because such a complaint to the Minister. In the afternoon, when Sam Mbende joined the Convention Center with his supporters, he is Professor Minko Shey, enthusiasm to lead the work of the General Assembly. In an electric atmosphere, the president of the CPMC is expelled from the room. The general assembly will ultimately without representatives of the Trust and other competitors Sam Mbende the position of PCA, which in turn decided to leave the room, allowing easy extension of the PCA out.
On 12 May, in response, the minister of culture declares null and void, the general meeting of May 10 The same day another Minister's decision to withdraw approval of MCC. May 15 and an ad hoc committee was established to manage the daily affairs of the CMC. This committee oversaw the General Assembly that gave birth to the SOCAM 07 juin 2008.CMC will decide to challenge decisions of the Minister to court May 27 2008.Till now we are still waiting for the judge to decide on the case. A waiting prejudicial to the artist in general, whatever the collecting society of copyright, to which he is affiliated. For the CMC, or SOCAM also collects on behalf of three other companies before the sharing.
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