Caller Tunes ‘Infringement’: Airtel, Globacom Know Fate May 26

A Federal High Court in Lagos on Friday reserved judgement until
May 26, in a suit by Nigerian Artiste, Bright Okiki against some
telecommunication companies over alleged copyright
infringement.

Justice Nicholas Oweibo reserved Judgement in the suit numbered
FHC/L/CS/1776/17 after parties had adopted their respective written
submissions before the court.

The defendants in the suit are; Emerging Markets
Telecommunication Services Ltd, Airtel, Globacom and Mobilexcetra
Ltd.

The plantiff who authored the song “Gba gbe boshe sele”
featuring Oritsefemi, alleged that the defendants used the said
song as caller tunes without his authorization.

He is claiming the sum of N400 million cumulatively against the
defendants for infringing on his intellectual property.

Trial was concluded in the suit after parties had led evidences
from various witnesses, while the court had adjourned for adoption
of final addresses.

On Friday, Mr Alayo Akanbi appeared for the plaintiff, Mrs
Abisola Babatunde appeared for the second defendant, Mrs Funke Loko
appeared for the third defendant and Mr T.O Lawal appeared for the
fourth defendant.

There was no legal representative for the first defendant.

Parties then informed the court of their respective written
addresses and arguments contained in same, in urging the court to
uphold their submissions.

The second defendant’s written address is dated and filed on
Feb. 28, 2020, the third defendant’s address is dated and filed on
Feb. 27, 2020, while the fourth defendant’s address is dated and
filed on Feb. 26, 2020.

On his part, counsel to the plaintiff also adopted his written
address dated and filed on March 24, 2020, as his argument in
support of his processes.

He urged the court to grant the prayers and reliefs sought.

After listening to respective counsel, Justice Oweibo adjourned
the case until May 26 for judgement.

In his suit, the plaintiff is asking the court to issue a
perpetual injunction restraining the defendants from continued use
of his work.

In his statement of claim, the plaintiff averred that he had
paid to feature the star Artiste, Oritsefemi, in his song in order
to get more acceptability.

He said that he was still working on promoting his song, when
people drew his attention to the fact that his song was now on
caller tunes of some telecommunications companies.

According to him, he had downloaded the song from Airtel in
order to be sure, and had also found out from Globacom website that
his music was listed as caller tune while he also downloaded same
from globacom.

He said that his legal team had then printed them out as
evidence. before officially writing to the telecom companies.

The plaintiff, therefore, seeks a declaration that he is the
exclusive owner of the musical work “Gbegbe Booshe Sele” and that
the defendants has infringed on his intellectual works.

He wants a court’s order compelling the defendants to
individually pay him the sum of N100 million (total N400 million)
as damages for infringement. on his intellectual property.

Meanwhile, in its counter claim, the third defendant (Globacom)
denies that it had committed any infringement on the plaintiff’s
work.

It avers that the fourth defendant (mobileexcetera) had agreed
to provide it with the caller tunes, adding that it believed it had
the authorisation of owners of the tunes.

it avers that based on the fourth defendant’s memorandum of
understanding with one Shetade Images on Feb. 13, 2017, it believed
it could rely on the fourth defendant to provide it with the caller
tunes, adding that same was supplied based on agreement

It said that in the said memorandum, Oritsefemi a co-copyright
owner of the song, had given his consent.

The defendant, however, avers that the song has since been
removed as caller tune, and denies liability

Also in its counter claim the first defendant also denies
liability for any Infringement citing similar Memorandum of
understanding

A Federal High Court in Lagos on Friday reserved judgement until
May 26, in a suit by Nigerian Artiste, Bright Okiki against some
telecommunication companies over alleged copyright
infringement.

Justice Nicholas Oweibo reserved Judgement in the suit numbered
FHC/L/CS/1776/17 after parties had adopted their respective written
submissions before the court.

The defendants in the suit are; Emerging Markets
Telecommunication Services Ltd, Airtel, Globacom and Mobilexcetra
Ltd.

The plantiff who authored the song “Gba gbe boshe sele”
featuring Oritsefemi, alleged that the defendants used the said
song as caller tunes without his authorization.

He is claiming the sum of N400 million cumulatively against the
defendants for infringing on his intellectual property.

Trial was concluded in the suit after parties had led evidences
from various witnesses, while the court had adjourned for adoption
of final addresses.

On Friday, Mr Alayo Akanbi appeared for the plaintiff, Mrs
Abisola Babatunde appeared for the second defendant, Mrs Funke Loko
appeared for the third defendant and Mr T.O Lawal appeared for the
fourth defendant.

There was no legal representative for the first defendant.

Parties then informed the court of their respective written
addresses and arguments contained in same, in urging the court to
uphold their submissions.

The second defendant’s written address is dated and filed on
Feb. 28, 2020, the third defendant’s address is dated and filed on
Feb. 27, 2020, while the fourth defendant’s address is dated and
filed on Feb. 26, 2020.

On his part, counsel to the plaintiff also adopted his written
address dated and filed on March 24, 2020, as his argument in
support of his processes.

He urged the court to grant the prayers and reliefs sought.

After listening to respective counsel, Justice Oweibo adjourned
the case until May 26 for judgement.

In his suit, the plaintiff is asking the court to issue a
perpetual injunction restraining the defendants from continued use
of his work.

In his statement of claim, the plaintiff averred that he had
paid to feature the star Artiste, Oritsefemi, in his song in order
to get more acceptability.

He said that he was still working on promoting his song, when
people drew his attention to the fact that his song was now on
caller tunes of some telecommunications companies.

According to him, he had downloaded the song from Airtel in
order to be sure, and had also found out from Globacom website that
his music was listed as caller tune while he also downloaded same
from globacom.

He said that his legal team had then printed them out as
evidence. before officially writing to the telecom companies.

The plaintiff, therefore, seeks a declaration that he is the
exclusive owner of the musical work “Gbegbe Booshe Sele” and that
the defendants has infringed on his intellectual works.

He wants a court’s order compelling the defendants to
individually pay him the sum of N100 million (total N400 million)
as damages for infringement. on his intellectual property.

Meanwhile, in its counter claim, the third defendant (Globacom)
denies that it had committed any infringement on the plaintiff’s
work.

It avers that the fourth defendant (mobileexcetera) had agreed
to provide it with the caller tunes, adding that it believed it had
the authorisation of owners of the tunes.

it avers that based on the fourth defendant’s memorandum of
understanding with one Shetade Images on Feb. 13, 2017, it believed
it could rely on the fourth defendant to provide it with the caller
tunes, adding that same was supplied based on agreement

It said that in the said memorandum, Oritsefemi a co-copyright
owner of the song, had given his consent.

The defendant, however, avers that the song has since been
removed as caller tune, and denies liability

Also in its counter claim the first defendant also denies
liability for any Infringement citing similar Memorandum of
understanding