Court Award N210m Damages On Airtel Network
OpenLife Nigeria reports that Justice Ibrahim Ahmad Kala of a Federal High Court, Lagos, has awarded a total sum of N210 million as damages for copyright infringement, against Airtel Network Limited, over unlawful use of a musical work titled ‘Nigeria Go Survive’.
As further sections for the unlawful used of the musical work, the judge also made an order of mandatory injunction prohibiting Airtel Network Limited, its managements, agents, servants, privies, successors-in-title and assignees from reproducing the musical work titled: “Nigeria Go Survive,” or any substantial part of it, from its list of songs for advertising, business, telemarketing, and promotional purposes among its network subscribers forthwith.
The judge also made an order of perpetual injunction restraining the Airtel Network Limited, its agents, servants, privies, successors-in-title or assignees from further engaging in the restricted acts in the use of the Plaintiff’s musical work titled: “Nigeria Go Survive” or any substantial part of it for advertisement, promotion, and telemarketing of its business, products and services to the millions of its subscribers or customers without license, and or authorization of the Plaintiff.
The judge also declared that the Airtel Network Limited engaged in the restricted acts in the use of the plaintiff’s musical work titled: “Nigeria Go Survive” or any substantial part of it for advertisement, promotion, and telemarketing of its business, products and services to the millions of its subscribers or customers without license, and or authorization, amount to infringement of the copyright of the plaintiff in the work.
Justice Kala awarded the judgment sum and made the restraining order against Airtel Network Limited today, while delivering judgment in a suit marked FHC/L/CS/1822/2022, filed by the producer of the music title, Veno Marioghae Mbanefo.
The plaintiff, in a writ of summon filed by her legal teams led by Clement Onwvenwunor (SAN) had asked the court for the followings: “a declaration that the Defendant’s use of the Plaintiff’s song “Nigeria Go Survive” for advertising, promoting, and telemarketing the Defendant’s business, products and services to the Defendant’s subscribers or customers without naming the Plaintiff as the author or copyright owner for the Defendant’s business breached the Plaintiff’s statutory right under Section 12 of the Copyright Act, Cap. C28. Laws of the Federation of Nigeria, 2004.
“A declaration that the defendant’s use of the plaintiff’s song “Nigeria Go Survive” for the defendant’s business, products and services to the defendant’s subscribers or customers without the consent, license and/or authorization of the Plaintiff first sought and obtained constitute an infringement of the plaintiff’s copyright.
“An order of the Honourable Court awarding against the defendant and in favour of plaintiff the sum of:
N200 million; N50 million and N100 million, as general damages and damages for violation of the Plaintiff’s statutory right under section 12 of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004, and as aggravated damages for the unlawful and flagrant infringement of Plaintiff’s copyright.
In alternative to the above sought reliefs, the asked the court to the following: “an order of this honourable court directing the defendant to render account of the profits made by the Defendant by reason of its Infringement of copyright; to pay monies of such account to the Plaintiff; and to do both under the supervision of the Nigeria Communication Commission.
“An order of perpetual injunction by this Honourable Court restraining the Defendant, its agents, servants, privies, successors-in-title or assignees from further broadcasting, publishing, transmitting, or using the Plaintiff’s song “Nigeria Go Survive” for advertising, telemarketing and promotional purposes or in any other way using the song or any copyright song of the Plaintiff as a ring tone or caller tune without the consent, license and/or authorization of the Plaintiff first sought and obtained.
“An order of this Honourable Court directing the Defendant, its agents, servants, privies, successors-in-title and assignees to remove the song “Nigeria Go Survive,” copyright to which belongs to Plaintiff, from its list of songs for
advertising, business, telemarketing, and promotional purposes”.
While the defendant, Airtel Network Limited through its team of lawyers led by Babatunde Amoo, had asked the court to dismiss the suit with ……
Delivering judgment in the suit, Justice Kala, after legally examined all the exhibits, analysed submissions of the parties and resolved the issue raises by the parties in favor of the Plaintiff, held that: “……. the plaintiff having proved her claim on balance of probability, against the defendant. Accordingly, the Plaintiff’s claim is meritorious and same is granted in the following terms:
“It is hereby declared that the Defendant’s engaging in the restricted acts in the use of the Plaintiffs musical work titled: “Nigeria Go Survive” or any substantial part of it for advertisement, promotion, and telemarketing of its business, products and services to the millions of its subscribers or customers without license, and or authorization, amount to infringement of the copyright of the Plaintiff in the work.
“An order of mandatory injunction is, given prohibiting the Defendant, its managements, agents, servants, privies, successors-in-title and assignees from reproducing the Plaintiff’s musical work titled: “Nigeria Go Survive,” or any substantial part of it, from its list of songs for advertising, business, telemarketing, and promotional purposes among its network subscribers forthwith.
“Order of perpetual injunction is hereby granted restraining the Defendant, its agents, servants, privies, successors-in-title or assignees from further engaging in the restricted acts in the use of the Plaintiff’s musical work titled: “Nigeria Go Survive” or any substantial part of it for advertisement, promotion, and telemarketing of its business, products and services to the millions of its subscribers or customers without license, and or authorization of the Plaintiff.
“The sum of N200 million is awarded as general damages against the defendant and in favor of the Plaintiff for the loss occasioned by the infringement of her copyright in the work having assessed same as the appropriate quantum of general damages for the breach of her copyright in the work based on the consideration earlier made at pages 35, 36 and 37 of this judgment.
“As costs follows event of the trouble the Plaintiff underwent to protect her copyright to the musical work from the infringement of the defendant, the sum of N10 Million only is assessed as the appropriate quantum of costs of the action awarded in favor of the Plaintiff, being the successful party in the action, against the defendant having considered among other factors (a) the Summons fees paid; (b) the duration of the case; (c) legal representation; (d) expenses incurred by the successful party in the ordinary course of prosecuting the case; and (c) the value or purchasing power of the Naira at this time of the award.”
The judge however refused the alternative prayer sought by the plaintiff.
Credit: newsdishng.com
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