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The Nigerian Copyright Commission (NCC) has initiated legal action against MTN Nigeria Communications Ltd. and four individuals over alleged copyright violations.
The case, identified with Number FHC/ABJ/CR/111/2024, was filed in the Federal High Court, Abuja Division, as disclosed by the News Agency of Nigeria (NAN) on Monday, March 25, 2024.
Joining MTN Nigeria in the suit are Karl Toriola, the Chief Executive Officer of MTN Nigeria, Nkeakam Abhulimen, Fun Mobile Ltd., and Yahaya Maibe.
The charges, comprising three counts, allege that between 2010 and 2017, the defendants engaged in the unauthorized sale, trade, and distribution of musical works by artist Maleke Idowu Moye.
According to the NCC, the defendants utilized Maleke’s musical works and sound recordings, including popular tracks such as “911,” “Minimini-wanawana,” and “Stop racism,” as Caller Ring Back Tunes without obtaining proper authorization from the artiste.
Furthermore, the defendants are accused of disseminating the musical works to their subscribers without authorization, thereby infringing upon the rights of the artiste.
In the third count, the defendants are charged with possessing the musical works and sound recordings of the artist beyond their private or domestic use, which is alleged to be in violation of section 20 (2) (a) (b) and (c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.
However, as of the NAN report, the case has yet to be assigned to a judge, and no date has been scheduled for mention.
Section 36 of the Copyright Act 2022 outlines various acts constituting infringement, emphasizing the unauthorized use of copyrighted material. The Act stipulates that for infringement to be established there must be evidence of a causal connection between the original work and the alleged infringement, including substantial taking by the defendant.
In civil enforcement actions, as provided in section 37(2) of the Act, the claimant is entitled to various reliefs, including damages, injunctions, accounts, or other appropriate remedies similar to those available for infringement of proprietary rights. Additionally, remedies may include orders for inspection and seizure, forfeiture, and destruction of infringing materials.
