Posted by By Akin Kuponiyi on
Musical Copyright Society of Nigeria, in conjunction with Mechanical Copyright Protection Society Limited, in a suit filed before a Federal High Court in Lagos, urging it to restrain Skye Bank Plc and Performing and Mechanical Copyrights Society from the unauthorised use of alleged pirated musical works to advertise its financial products, is also claiming N30 million damages from the defendants.
Musical Copyright Society of Nigeria, in conjunction with Mechanical Copyright Protection Society Limited, in a suit filed before a Federal High Court in Lagos, urging it to restrain Skye Bank Plc and Performing and Mechanical Copyrights Society from the unauthorised use of alleged pirated musical works to advertise its financial products, is also claiming N30 million damages from the defendants.
In an amended statement of claim filed by the law firm of Adejumo Ekisola and Ezeani, Musical Copyright Society of Nigeria alleged that it is the assignee and holder that has the exclusive right to authorise all public performances and mechanical production of the musical work entitled I wish I knew how it would feel to be free.
MCSN alleged further that it is also the sole agent of the Mechanical Copyright Protection Society (MCPS) for the Nigerian territory in respect of the recording and the mechanical reproduction right of the said musical work, alleged to have been created by Messrs. Taylor William Eugene, Dallas Dick, Clayton Adam Evans David, Hewson Paul David and Mullen Lawrence, published by Duane Music Company and made popular by the musical group called Light House Family.
By written agreement, the MCPS granted the sole and exclusive agency to MCSN.
However, the plaintiffs alleged that both Skye Bank Plc and Performing and Mechanical Rights Society (PMRS), have infringed on the copyright of the said musical work without obtaining license to do so from them.
The defendants were further alleged to have infringed on the musical work in the course of promoting their business without authorisation or permission and therefore making them to suffer loss and damage.
Consequently, the plaintiffs want the defendants to surrender all the infringed materials.
By a letter dated 7 September, 2006, the plaintiffs invited the defendants to settle the matter amicably but they refused and neglected the invitation, while the plaintiffs' solicitors' letters to the defendants to stop the said infringement was also neglected.
By their act, the plaintiffs contended that the defendants have acted in flagrant disregard of their rights and therefore, they are entitled to claim from the defendants damages, pursuant to Section 16(4) of the Copyright Acts as amended Cap C28 LFN 2004.
The plaintiffs, while claiming the sum of N30 million against the defendants, urged the court to also declare that the use of the musical work by the defendants without their consent is wrong and the court should therefore restrain them and their agents from further infringing on the said musical work.