One
of Nigeria’s biggest hotels, Transcorp Hilton Abuja, has been dragged
to court by Copyright Society of Nigeria (COSON), the nation’s sole
government approved Collective Management Organization for musical works
and sound recordings. In the copyright infringement action filed by
the Abuja based law firm of Ifeanyi Opara & Co, COSON is also suing
the American company, Hilton International Manage LLC, which manages
hundreds of hotels in several countries across the globe.
In
Suit No FHC/ABJ/C5/503/2012 supported by a 34 paragraph Statement of
Claim and over 40 exhibits, filed at the Federal High Court Abuja on
August 13, 2012, COSON pleaded that the 2nd Defendant
(Hilton) which manages hotels in many countries around the world knows
and ought to know that it is blatantly unlawful to infringe the
intellectual property rights of creative people anywhere in the world
but the 2nd Defendant has done nothing to end the brazen
abuse of the intellectual property rights of owners of copyright in
musical works and sound recordings in the huge facility managed by it in
Nigeria and has rather continued to enjoy the profit emanating from
such abuse.
COSON
went on to plead that the behaviour of the Defendants in the suit which
is unacceptable practice in any of the many countries around the world
where Hilton manages hotels has led to massive loss of jobs to the
nation, significant loss of revenue to the country and heavy capital
flight from Nigeria as most of the world’s best known international
music companies such as EMI, Sony Music, Polygram, etc have divested
from Nigeria and the domestic investors are leaving the industry in
droves because of the intolerable amount of copyright infringement
encouraged by the likes of the Defendants.
COSON
in the suit has asked the court for the award of more than three
billion naira against the Defendants in unpaid royalties, interest on
the unpaid royalties, general, exemplary and aggravated damages for the
unauthorized copying, communication to the public, permission to perform
and infringement of the copyright in the musical works and sound
recordings belonging to its members, affiliates and assignors. The
Collective Management Organization has also asked the court for a
perpetual injunction restraining the Defendants, their agents, privies
or servants from the unauthorized copying, communication to the public,
permission to perform and infringement of the copyright in the musical
works and sound recordings belonging to its members, affiliates and
assignors.
Reacting
to the development, COSON Chairman, Chief Tony Okoroji, said, ‘It is
certainly a new day for the creative industry in Nigeria. Those who have
followed this process will vouch that we have been very patient with
the hotel industry in Nigeria. We have not been rash. We have pleaded
with them, appealed and sought compromise on every front. Unfortunately,
their leaders believe that they are too smart and have treated us with
contempt and disdain and have played a game of chicken with us. They
have behaved as if Nigeria is a nation without laws and all music found
in Nigeria is theirs to profit from as they wish. Let it be clear that
we are not backing down. Push has come to shove and the hotel industry
is directly responsible for whatever tools we have now deployed from our
tool box. Other tools are there and will come into play if they become
necessary’
Chief Okoroji, author of the book, Copyright & the New Millionaires and
one of the best known campaigners for intellectual property rights in
Africa, went on to say, ‘I have said elsewhere that COSON is committed
to the defence of the rights of the music industry in Nigeria no matter
where it leads. If anybody pulls at us, we will pull back. If anyone
pushes us, we will push back. We have opened our doors wide and still
continue to keep them open to all who are willing to discuss with us and
legally deploy music in their businesses. Those who respect us will
receive respect from us. Those who treat the music industry with
contempt will hear from us’.
Also
commenting on the development, COSON General Manager, Mr. Chinedu
Chukwuji, said, ‘I wish to repeat that we are monitoring everybody and I
cannot say who will be next. Let me also repeat my advice to my friends
who use music in their businesses that it is far cheaper to clear the
copyright ahead of time than to face the massive litigation that
intellectual property infringement attracts. I don’t think it makes
sense to have to pay the huge legal costs and still have to pay the
licensing fees and damages when you well know that the work you are deploying does not belong to you but people will not listen. Let me be clear, COSON is not joking’
It
will be recalled that in the last two months, COSON has filed several
multi-billion naira copyright infringement actions and has signed
copyright royalty agreements with different commercial users of music
such as Google, Multichoice, Wazobia FM, STV/Rhythm FM, FRCN, LTV,
Galaxy TV, etc.
FOR COSON:
MAYREE UKET
Head Communications.
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