Copyright Society of Nigeria (COSON), the nation’s government approved collective management organization for musical works and sound recordings has filed a Ten Billion Naira copyright infringement action against Daar Communications Plc, Nigeria’s biggest privately owned broadcast network which operates stations such as Ray Power FM, Faaji FM and Africa Independent Television (AIT) scattered all over Nigeria. The suit No. FHC/L/CS/1392/13 filed on October 7, 2013 on behalf of COSON at the Federal High Court, Lagos by crack Intellectual Property lawyer, Mr. Justin Ige, is the biggest known copyright infringement action ever in the African continent.
In the action, COSON is asking for the
sum of N724, 500, 000. 00 (Seven Hundred and Twenty Four Million, Five
Hundred Thousand Naira) being amount due as royalties
or license fees.
COSON
is also asking for general and exemplary damages and a perpetual injunction
restraining Ray Power FM, Faaji FM and Africa Independent Television (AIT)
managed by Chief Raymond Dokpesi, their agents, privies or servants from
further or other unauthorized copying, broadcast of musical works or sound recordings
belonging to the members, affiliates and assignors of COSON and/or infringement
of the copyright in the musical works or sound recordings belonging to the
members, affiliates and assignors of COSON.
The historic action is clearly in fulfilment of the pledge
made by COSON Chairman, Chief Tony Okoroji in his ‘No Music Day’ speech on
September 1, 2013 that in the copyright battle, there will be no sacred cow.
Chief Okoroji had said, ‘COSON is determined to substantially increase the royalty
distributable to stakeholders in the music industry to match the massive use of
music in our nation. Last year, COSON was compelled to institute several law
suits against some users of music and sound recordings in Nigeria. This was
after every attempt at moral suasion had failed. COSON had to go to court as a
last resort. As you know, the court actions were productive. It however appears
that old habits die hard. Some of the users may have gone back to their old
ways and not all have learnt the lesson that the days of free music are gone in
Nigeria forever. Some may also be testing the resolve of COSON.
‘I therefore wish to make it clear that the resolve of COSON
to protect the rights of music industry practitioners and to collect copyright
royalties for the use of their music and sound recordings is rock solid. We
will not waiver and there will be no sacred cows. Our commitment to the cause
of defending the rights of music industry practitioners in Nigeria is unshaken
and unshakable. Very soon, we will bring the full weight of the law on all
those who have refused to learn that the times have changed. Let me assure you
that our approach this time will be very different. I wish to state clearly
that it is far cheaper to obtain a COSON licence for the music used by anyone
than to engage COSON in an expensive law suit which that person is sure to lose
because in this day and age, no court of law anywhere will enter a judgment to
the effect that anyone can freely abuse the intellectual property of others’
Commenting on the development, COSON
General Manager, Mr Chinedu Chukwuji said, ‘I don’t know why people have to
wait until things come to a head like this. I guess the belief is that COSON is
like some organizations that make noise without acting. At COSON, we are very
professional. Our word is our bond. If we tell you that we will take action, we
will take action and we will stay on the action till its logical conclusion. We
have sworn to defend the rights of musicians and the music industry in Nigeria
no matter what it takes. We have the law behind us; we have the musicians of
Nigeria behind us; we have the international community behind us and we have
God with us. Let it be known that we will not be intimidated by anyone.’
No comments:
Post a Comment