 |
| Tony Okoroji, COSON Chairman |
Copyright Society of Nigeria (COSON) has prayed the Federal
High Court sitting in Lagos to order communications company, MTN to render
accounts of revenue that has accrued to the company from the download of
ringtones under agreements between MTN Nigeria Communications Limited and
several third party service providers.
Among the agreements named in the application filed on
behalf of COSON by its lawyer, Mr. Justin Ige of Creative Legal are those
between MTN and Ultima Limited, MTN and Mcomm Solutions & Services Limited
and MTN and Mobilexcetera Limited. The application has been brought under the
historic 16 Billion Naira copyright infringement law suit filed against MTN by
COSON.
In the application, COSON states that it is a clear
beneficiary at law from the revenues accruing as a result of each of the
agreements and that in the absence of any proof of any remittance to COSON, the
accounts taken should be delivered by MTN within 7 days to both the court and
COSON with the relevant books of account.
In another development, Mr. Ige on behalf of COSON has
issued interrogatories to MTN requesting answers to several questions on the
actions which MTN took or failed to take to ensure that it met its copyright
obligations to COSON, its members and affiliates.
Speaking on a similar subject recently at a COSON
Stakeholders Forum in Ibadan, COSON Chairman, Chief Tony Okoroji, said that
there will be no hiding place for telecommunication companies operating in
Nigeria who do not respect the intellectual property rights of creative people
whose works the companies exploit for profit.
Said Chief Okoroji, ‘’If the ‘telcos’ think we will allow them have a copyright safe haven in Nigeria, they are wrong; if the telcos think we will get tired of pressuring them to do the right thing, they are very wrong; If the ‘telcos’ believe that we will ever stop asking them to give to Peter what belongs to Peter, they are absolutely wrong’’
According to the former president of PMAN, in the digital age, the telecommunication companies have become first line players in the distribution of music insisting that it will be suicidal for the music industry not to insist that these companies play within the rules and in accordance with the law.
The 16 Billion Naira suit brought by COSON against MTN is the biggest copyright law suit ever in the continent of Africa with 18 separate claims endorsed on the writ supported by a 43 paragraph Statement of Claim. In the suit No. FHC/L/CS/619/2016, COSON has asked the court for six different declarations of copyright infringement perpetrated by MTN in the MTN Friendship’, ‘Connect’ or ‘Walk In’ Centres across Nigeria; the MTN ‘Road Shows’ in Nigeria; the various MTN Music Concerts, Festivals, Award Shows, Product Activations and Corporate events; the MTN Callertunez platform; the MTN Music Plus Platform and the MTN Mobile Radio.
Said Chief Okoroji, ‘’If the ‘telcos’ think we will allow them have a copyright safe haven in Nigeria, they are wrong; if the telcos think we will get tired of pressuring them to do the right thing, they are very wrong; If the ‘telcos’ believe that we will ever stop asking them to give to Peter what belongs to Peter, they are absolutely wrong’’
According to the former president of PMAN, in the digital age, the telecommunication companies have become first line players in the distribution of music insisting that it will be suicidal for the music industry not to insist that these companies play within the rules and in accordance with the law.
The 16 Billion Naira suit brought by COSON against MTN is the biggest copyright law suit ever in the continent of Africa with 18 separate claims endorsed on the writ supported by a 43 paragraph Statement of Claim. In the suit No. FHC/L/CS/619/2016, COSON has asked the court for six different declarations of copyright infringement perpetrated by MTN in the MTN Friendship’, ‘Connect’ or ‘Walk In’ Centres across Nigeria; the MTN ‘Road Shows’ in Nigeria; the various MTN Music Concerts, Festivals, Award Shows, Product Activations and Corporate events; the MTN Callertunez platform; the MTN Music Plus Platform and the MTN Mobile Radio.
Trial in the suit is scheduled to begin at the Federal High
Court, Lagos on November 2, 2016.
No comments:
Post a Comment