Wednesday, April 21, 2021
Home Law & Judiciary Copyright: Court Reserves Judgment in Suit Against Airtel, Glo Over Caller-Tunes

Copyright: Court Reserves Judgment in Suit Against Airtel, Glo Over Caller-Tunes

- Advertisement -
- Advertisement -
- Advertisement -
- Advertisement -

A Federal High Court in Lagos on Friday reserved judgement until May 26, in a suit filed by an artiste, Mr Bright Okiki, against some telecommunication companies over alleged copyright infringement.

Justice Nicholas Oweibo reserved judgement in the suit numbered FHC/L/CS/1776/17 after parties adopted written submissions.

The defendants in the suit are: Emerging Markets Telecommunication Services Ltd; Airtel, Globacom and Mobilexcetra Ltd as first, second, third and fourth respondents.

The plaintiff, who said he authored the song: “Gba gbe boshe sele”, featuring Oritsefemi, alleged that the defendants used the song as caller tunes without his authorisation.

He is claiming the sum of N400 million cumulatively against the defendants for allegedly infringing on his intellectual property right.

The plaintiff is also asking the court to issue a perpetual injunction restraining the defendants from continued use of his work.

All parties in the suit had concluded evidence from witnesses, and the court adjourned for adoption of final addresses.

READ  Man Remanded for Allegedly Raping His Stepdaughter

On Friday, Mr Alayo Akanbi appeared for the plaintiff, Mrs Abisola Babatunde appeared for the second defendant, Mrs Funke Loko appeared for the third defendant and Mr T.O Lawal appeared for the fourth defendant.

There was no legal representation for the first defendant.

Parties then informed the court of their respective written addresses and arguments, and urged the court to uphold their submissions.

The second defendant’s written address is dated February 28, 2020, the third defendant’s address is dated February 27, 2020, while the fourth defendant’s address is dated February 26, 2020.

READ  Fraud: Maina’s Son, Faisal, Flees to U.S – EFCC Tells Court

Counsel to the plaintiff also adopted his written address dated March 24, 2020.

He urged the court to grant the prayers.

In his statement of claim, the plaintiff averred that he had paid to feature Oritsefemi in the song in order to get more acceptability.

He said he was still working on promoting his song when some people drew his attention to the fact that his song was on caller tunes of some telecommunications companies.

READ  Court Jails 2 False Whistle Blowers In Rivers

According to him, he downloaded the song from Airtel in order to be sure, and also found out from Globacom website that his music was listed as caller tune.

The plaintiff said his legal counsel printed the song out as evidence before writing to the telecom companies.

The plaintiff seeks a declaration that he is the exclusive owner of the musical work: “Gbegbe Booshe Sele”.

He also claims that the defendants infringed on his intellectual property right.

He wants a court’s order compelling the defendants to individually pay him N100 million (total N400 million) as damages for alleged infringement on his intellectual property right.

In a counter-claim, the third defendant (Globacom) denied that it committed the infringement.

Globacom averred that the fourth defendant (Mobileexcetera) had agreed to provide it with the caller tunes, adding that it believed it had the authorisation of owners of the tunes.

READ  Dangote Refinery to Sell Refined Crude to FG in Naira – Emefiele

It said that based on the fourth defendant’s memorandum of understanding with one Shetade Images on February 13, 2017, it believed it could rely on the fourth defendant to provide it with the caller tunes, adding that same was supplied based on agreement.

READ  My $1.9 Billion In Minnesota Bank, by Femi Adesina

It claimed that in the memorandum of understanding, Oritsefemi, who it described as a co-copyright owner of the song, gave his consent.

The defendant, however, said the song had since been removed as a caller tune, and denied liability.

Also in its counter-claim, the first defendant also denied liability for any infringement, citing a similar memorandum of understanding.

© 2021, Scud News. All rights reserved.

- Advertisement -

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Most Popular

Putin Warns West Against Crossing ‘Red Line’

  Russian President Vladimir Putin on Wednesday warned Western powers not to interfere with the country’s internal affairs. Putin, who spoke at length about the country’s...

NAICOM Revokes UNIC Insurance’s Operational Licence

  The National Insurance Commission (NAICOM) on Wednesday announced the cancellation of the operational licence issued to UNIC Insurance Plc. The operational licence – RIC...

Senate Approves N1.678trn Revenue Target For NCS

  Senate at the plenary on Wednesday approved a total of N1.678 trillion revenue targets for the Nigerian Customs Service (NCS) for the 2021 fiscal...

100 Indigent Students To Receive Bursary Awards In Lagos

Mr Sesan Daini, Chairman, Igbogbo-Baiyeku Local Government Developmental Area, Lagos State, says the council will give 100 indigent students N10, 000 each as a...

© 2020 – 2021, Scud News. All rights reserved.

error: Content is protected !!