Two weeks after a Federal High Court in Lagos awarded N5.9
billion “special damages” against Multichoice Nigeria and in favour
of the Musical Copyright Society of Nigeria Ltd./GTE, the Copyright
Society of Nigeria has kicked against the judgment.
The collective management organisation on Tuesday described the
judgment as “bizarre and an attempt to turn the Nigeria music
industry into a gold mine, where those who have made no investments
nor contributions to the industry can cart away illicit billions of
Naira while the true creators and investors in the industry
languish in penury.”
Multichoice had dragged MCSN to court in 2011 seeking a
perpetual injunction restraining the group from asking or demanding
it to obtain copyright license for the broadcast and communication
to the public of musical works on the radio and television channels
operated and distributed by Multichoice.
According to the company, MCSN was not licensed or approved by
the Nigerian Copyright Commission as a collecting society.
The suit had come after MCSN wrote to Multichoice in 2011
demanding N4.1 billion as cumulative copyright and royalties for
its body of works used by the latter during the airing of its
programmes.
In its counter-claim filed before the judge, MCSN accused
Multichoice of copyright infringement on 18 songs in its
repertoire, including ‘Konko Below’ and ‘Never Far Away’ by
Nigerian masked musician, Bisade Ologunde (popularly known as
Lagbaja).
The other songs, which the Musical Copyright Society of Nigeria
Ltd./GTE accused Multichoice of using without lawful permission
included UEFA Cup thematic music and UEFA Championship League
thematic music.
Speaking on behalf of the members of the society at a media
briefing on Wednesday at COSON House in Ikeja, Tony Okoroji,
Chairman of COSON, recalled that at the time the purported
infringement took place, MCSN was not an approved collecting
society.
Present at the briefing were Maureen Ejezie, Kenny St Best, Sir
Shina Peters, John Udegbunam, Richard Cole, reggae legend, Ras
Kimono, COSON General Manager, and Chinedu Chukwuji among other
members of the society.
“MCSN was facing seven pending criminal cases at the Federal
High Court and which the Attorney-General of the Federation, Mr.
Abubakar Malami ordered the Nigerian Copyright Commission to
approve in 2017, despite the protest of the NCC,” Mr. Okoroji
stated.
According to him, works alleged to have been infringed upon are
in the repertoire controlled by COSON for which Multichoice Nigeria
has obtained a legitimate license.
Mr. Okoroji added that COSON had received reactions from some of
its international affiliates wondering what was going on in Nigeria
as some of the works for which MCSN was said to have received the
award belong to COSON affiliates who at no time assigned the works
to MCSN.
Gospel artist, Kenny St Best, also noted, “If a single Nigerian
company providing employment to many Nigerian citizens can be said
to liable up to the whopping sum of N6 billion for copyright
infringement in the broadcast of 18 songs, then it would require
the entire national budget of Nigeria, South Africa and Egypt to
pay for the entire Multichoice content.
Speaking further, COSON called on President Muhammadu Buhari to
call Mr. Abubakar Malami to order.
Calling for the resignation of the Acting Chief Judge of the
Federal High Court, Justice Abdul Kafarati, COSON also urged the
Federal Executive Council to direct the immediate return of the
Nigerian Copyright Commission to the supervision of the Minister
charged with responsibility for culture as expressly provided in
Section 51 of the Nigerian Copyright Act.
Two weeks after a Federal High Court in Lagos awarded N5.9
billion “special damages” against Multichoice Nigeria and in favour
of the Musical Copyright Society of Nigeria Ltd./GTE, the Copyright
Society of Nigeria has kicked against the judgment.
The collective management organisation on Tuesday described the
judgment as “bizarre and an attempt to turn the Nigeria music
industry into a gold mine, where those who have made no investments
nor contributions to the industry can cart away illicit billions of
Naira while the true creators and investors in the industry
languish in penury.”
Multichoice had dragged MCSN to court in 2011 seeking a
perpetual injunction restraining the group from asking or demanding
it to obtain copyright license for the broadcast and communication
to the public of musical works on the radio and television channels
operated and distributed by Multichoice.
According to the company, MCSN was not licensed or approved by
the Nigerian Copyright Commission as a collecting society.
The suit had come after MCSN wrote to Multichoice in 2011
demanding N4.1 billion as cumulative copyright and royalties for
its body of works used by the latter during the airing of its
programmes.
In its counter-claim filed before the judge, MCSN accused
Multichoice of copyright infringement on 18 songs in its
repertoire, including ‘Konko Below’ and ‘Never Far Away’ by
Nigerian masked musician, Bisade Ologunde (popularly known as
Lagbaja).
The other songs, which the Musical Copyright Society of Nigeria
Ltd./GTE accused Multichoice of using without lawful permission
included UEFA Cup thematic music and UEFA Championship League
thematic music.
Speaking on behalf of the members of the society at a media
briefing on Wednesday at COSON House in Ikeja, Tony Okoroji,
Chairman of COSON, recalled that at the time the purported
infringement took place, MCSN was not an approved collecting
society.
Present at the briefing were Maureen Ejezie, Kenny St Best, Sir
Shina Peters, John Udegbunam, Richard Cole, reggae legend, Ras
Kimono, COSON General Manager, and Chinedu Chukwuji among other
members of the society.
“MCSN was facing seven pending criminal cases at the Federal
High Court and which the Attorney-General of the Federation, Mr.
Abubakar Malami ordered the Nigerian Copyright Commission to
approve in 2017, despite the protest of the NCC,” Mr. Okoroji
stated.
According to him, works alleged to have been infringed upon are
in the repertoire controlled by COSON for which Multichoice Nigeria
has obtained a legitimate license.
Mr. Okoroji added that COSON had received reactions from some of
its international affiliates wondering what was going on in Nigeria
as some of the works for which MCSN was said to have received the
award belong to COSON affiliates who at no time assigned the works
to MCSN.
Gospel artist, Kenny St Best, also noted, “If a single Nigerian
company providing employment to many Nigerian citizens can be said
to liable up to the whopping sum of N6 billion for copyright
infringement in the broadcast of 18 songs, then it would require
the entire national budget of Nigeria, South Africa and Egypt to
pay for the entire Multichoice content.
Speaking further, COSON called on President Muhammadu Buhari to
call Mr. Abubakar Malami to order.
Calling for the resignation of the Acting Chief Judge of the
Federal High Court, Justice Abdul Kafarati, COSON also urged the
Federal Executive Council to direct the immediate return of the
Nigerian Copyright Commission to the supervision of the Minister
charged with responsibility for culture as expressly provided in
Section 51 of the Nigerian Copyright Act.