A Federal High Court in Lagos on Monday admitted musical evidence in the ongoing trial of Young Shall Grow Motors Ltd for alleged copyright infringement slammed on it by the Copyright Society of Nigeria (COSON).

COSON had taken the company to court to challenge a copyright infringement as guaranteed by the Copyright Act, Cap 28, Laws of the Federation, 2004.

It is seeking declarative reliefs that the acts of the defendant in copying and communicating to the public musical works and sound recordings of its members is a gross infringement on its rights as guaranteed by the Copyright Act, Cap 28, Laws of the Federation, 2004.

At the resumed hearing of the case on Monday, counsel to the plaintiff, Mr Opeyemi Owolabi, informed the court that the case was scheduled for continuation of trial, saying his witness was present in court.

The witness, Mr Chibueze Okereke, a staff of COSON, who was still on oath, was led by Owolabi as he continued his evidence.

He told the court that by reason of its mandate as a copyright society, anyone who uses a registered music must pay royalty for its use, adding that Young Shall Grow Motors is a music user since its fleet of buses plying the roads play music.

The witness said the plaintiff had reached out to the defendant through various letters and also carried out investigations to prove the infringement on the plaintiff’s right.

Owolabi applied to the court for the witness to play the contents of a video compact disc showing the alleged infringement.

The application was granted and the witness played 24-minute video clips of different musicals played in a commercial vehicle.

The News Agency of Nigeria (NAN) reports that there was a humorous atmosphere as the courtroom erupted in loud music by different artistes, while some attendees stylishly danced to the rhythm.

The witness said the songs played in the video included: “Sanko” by Timaya, “Igboro” by Famous, “Show me the Money” by Wizkid, “Baby Hello” by Wande Coal, “Shake Body” by Skales, “Woju” by Kiss Daniel and “Dance” by Flavour.

Meanwhile, during cross-examination by defence counsel, Mr Jude Odome, the witness told the court that he had worked with the plaintiff for six years and he was in a position to give evidence in the case.

He said COSON was licensed to be one of the collecting societies for royalties on May 19, 2010.

Odome then asked: “Is it possible for a society or organization to be licensed and have exclusive copyright to musical works without being a collecting society?”

Witness: It cannot be both if the artistes are not signed to it; if it collects royalty without the permission of the copyright society, it is illegal.

When asked how many times he boarded the vehicle of the defendant, he replied “twice”.

Defence counsel:  In the entire video, was there any indication that the vehicle belonged to the defendant?

Witness: Apart from my receipt, there is nothing.

Odome: You said the defendant has over 500 vehicles, how did you come about that figure? Witness: I am not in a position to answer that.

After cross-examination, Owolabi told the court that there was no need for a re-examination of the witness.

The witness was consequently discharged, while Justice Ayokunle Faji adjourned the case until May 21 and May 22 for continuation of trial.

In its statement of claim, COSON argued that it entered into copyright licencing agreement with various transport companies in Nigeria for the communication to the public of musical works of its members for payment of required royalties.

It argued that the defendant which had its office at No. 1, Old Ojo Road, Maza-Maza, Lagos, had engaged in an unlicensed public performance of musical works of its members in its buses, terminals and restaurants located within its facilities.

The plaintiff said the defendant had for several years and up till the time of filling the suit, allowed the use of facilities at its various terminals and vehicles for unlicensed and unauthorized exhibition of musical works of its members.

It said rather than obtain the required licence, the defendant had showed contempt for its lawful request for payment of the royalties and had patiently continued with its “round-the-clock and round-the-year” infringement of the copyright in the musical works of its members without payment of the required royalties.

The plaintiff, therefore, is seeking to claim N85. 8 million against the defendant as royalties due to it from the defendant for the period of 2014 to 2017 as computed in the particulars of royalties or licence due to the plaintiff.

It claimed 21 per cent interest yearly until judgment is delivered, and further claimed 12 per cent interest until final liquidation of the sum.

The plaintiff also wants N20 million as both general and exemplary damages for the copyright infringement on the musical works of its members.

Meanwhile, in its statement of defence, the defendant denied the averment of the plaintiff on the grounds that the plaintiff is not the sole approved copyright collecting society with mandate to licence copying of musical works in Nigeria.

It argued that the issue of whether the plaintiff should be the sole copyright collecting society in Nigeria, had been a subject of pending litigation before some courts in Nigeria.

The defendant also denied that it showed contempt to the plaintiff regarding its request for payment of royalties, stating that plaintiffs claim of being the sole approved copyright collecting society in Nigeria was not resolute.

According to the defendant, until the pending issues are decided with finality by the courts the defendant will not pay royalties to rival claimant.

Besides, the defendant added that there was also a conflicting decision as to who was qualified to receive royalties between the plaintiff and the Musical Copyright Society of Nigeria. (NAN)

– Mar. 19, 2018 @ 18:15 GMT |