Raypower & AIT Slammed With N10billion Suit For Copyright

Copyright Society of Nigeria, Nigeria’s
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’
FOR COSON:
Chibueze Okereke
Head, Communications, Media and Strategy
http://nigeriannewsportal.com/dokpesis-
raypower-ait-slammed-with-n10billion-
suit/

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