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| DG NCC, Afam Ezekude |
The stage is now set for a fresh tussle involving
Nollywood producer, Charles Uche Ayika, the Nigerian Copyright Commission
(NCC), and a cable television station, MyTV, following allegations of copyright
infringements of the film, ‘Arrows of Love,’ by Ayika.
This is coming on the heels of a court judgment by
Justice E. S Chukwu of the Federal High Court, Abuja in favour of the producer,
who was prosecuted by the NCC for ‘obstructing an officer of the commission
from carrying out his duties’. The judge had in the ruling noted that NCC was
on a vengeance mission by prosecuting the producer who had earlier written a
petition to President Goodluck Jonathan and the Attorney General of the
Federation (Adoke Bello), when it appeared NCC was reluctant to prosecute MyTV
for the violation.
MyTV had unethically acquired the film from Godson
Uzor Nwosu of Guniks Investments, the current chairman of the Onitsha movie
Marketers’ Association and Romanus Ibiam Eze of Romey Bright Productions.
According to the facts of the case, dated May 14, 2014,
submitted to the Commission by Peter Edokobi, a Senior Copyright Officer
(Enforcement) at the NCC, who headed the investigation panel the findings of
the investigation included that: ‘Romanus Eze of Romey Bright in his statement
admitted selling the movie to Guniks as he had earlier obtained the consent of
the producer to sell the broadcasting right. However he failed to prove or show
the evidence of this authority from the producer’. The report also went further
to establish that ‘It was glaring that the broadcast right in contention was
truly not obtained from the producer by the parties that sold the films to MyTV
and the company did not take all appropriate measures to ensure the
authenticity of owners consent before sealing and broadcasting the movie’.
Ayika’s lawyer, Prince Ademola Oyedokun of Ademolaw
Toye Law Firm, Abuja has vowed to seek redress for his client whose losses over
the infringement are colossal. “There is no justification for NCC to refuse to
prosecute copyright violators and the only reasonable conclusion is that of
corrupt compromise of public duty. Further to that, the vengeance visited on
our client for reporting to the President is uncalled for. The subsequent
criminal charge brought against our client is malicious. This is confirmed by
NCC officials who invited our client to a meeting behind us where they admitted
that the criminal charge was brought against our client because he filed a
human right case against the commission on 13/4/11. Our client has all the
discussion on record because unknown to NCC officials, our client was present
in that meeting with a recording device. Our client will not relent in ensuring
that all legal remedies available are exploited by way of redress.”
The NCC in their reaction through an officer in the
prosecution department, Abdul Kohol said: “if he sues, we will defend
NCC; he has done it before and did the needful”.
Meanwhile some Nollywood stakeholders under the aegis,
Nollywood Coalition Against Exploitation of Copyrights, NCAEC, said the
judgment was a big leap in the fight against piracy in the country, and urged
everyone who likes the works of art to rise up in defense of creative works.
The leader of the group, Uzee Madubogwu, a film director, said it was
unimaginable that Charles Uche Ayika, whose work, ‘Arrows of Love’ was
infringed upon, would be docked for asking that his rights be redressed while
the real culprits are left unpunished.
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