COSON FILES 16 BILLION NAIRA LAWSUIT AGAINST MTN

 

Photo: COSON

The Copyright Society of Nigeria (COSON), Nigeria's sole collective management organisation for musical works and sound recordings, has filed a N16 Billion law suit at the Federal High Court in Lagos against telecommunications giant, MTN, for copyright infringement. The organisation has always assured members and the general public of its unshaken commitment to protecting their interests and rights and tackling the problem of infringement.

 

COSON has described this as 'the biggest copyright law suit ever in the continent of Africa' having 18 separate claims filed by Lagos IP lawyer, Mr. Justin Ige. In the suit, COSON requested for 'six declarations of copyright infringement by MTN' in the organisation's 'Friendship’, ‘Connect/Walk In’ Centres, ‘Road Shows’, 'Music Concerts, Festivals, Award Shows, Product Activations and Corporate events' across Nigeria; 'the MTN Callertunez platform; the MTN Music Plus Platform and the MTN Mobile Radio.'

According to COSON, it had 'taken several steps, engaged in massive media advertising, organised various programmes, devoted enormous time and resources in appealing to MTN to obtain the appropriate licences and pay requisite royalties for the musical works and sound recordings deployed by the company'; all to no avail, as MTN allegedly continued the infringement. COSON also alleges that MTN is yet to make any royalty payment for any of its members, despite the latter's appearance as a friend of the Nigerian Music Industry. 

On Caller Ring Back Tunes (CRBTs), COSON stated that 'for every one sold by MTN, it keeps a massive 60% - 70% of the income to itself' leaving about '30% - 40% of the revenue' to be shared between  the Value Added Service (VAS) Provider, Record Label, Performer and others' which is quite different from the international practice. The 'songwriters, composers, the copyright owners responsible for creating the musical works sold' ought to receive a better consideration in the share. Ideally, we should have a better split between the content owners and telecommunication companies/ aggregators but in reality, telecommunications companies still take as much as 50-75%.

COSON also expressed concerns that MTN's refusal to pay royalties for musical works used in its operations, has robbed the Nigerian Government of millions of Naira for VAT and taxable income which will have accrued from the royalties. The organisatiion thus prayed for 'an injunction restraining MTN, its agents, privies or servants from the continued unauthorized copying, communication to the public, streaming, selling, broadcasting, making available for downloading and permitting the unauthorized performance and infringement of the copyright in the musical works and sound recordings belonging to the members, affiliates and assignors of COSON.'

In a statement issued a few days before the filing of the suit, Chairman of COSON, Chief Tony Okoroji said, “Anyone familiar with COSON knows that if we say that we are going to do something, we are going to do it. At COSON, we are resolute that the labour of Nigerian musicians and investors in the music industry who toil every day to make people happy will no longer be in vain. They cannot make people happy and be sad themselves. Anyone intending to exploit their sweat to serve his own purpose has COSON to deal with. The recent crash in the price of crude oil should be a lesson that Nigeria can no longer afford to waste her tremendous intellectual property assets. Our music and our movies in great demand everywhere in the world must count for something. They should contribute significantly to the nation’s GDP and provide jobs for hundreds of thousands of our citizens. The era of monkey dey work, baboon dey chop is over. We have asked our lawyers to go on ‘rampage’. Our brief to them is clear: there will be no untouchables and no sacred cows; no retreat, no surrender”.

This case looks quite interesting and promising; and the outcome, no doubt will be fundamental to the status of copyright protection of musical works in Nigeria and the enjoyment of royalty payments by Nigerian artistes who have hitherto not been able to fully exploit the rights inherent in their works. COSON has taken up a number of cases in the past against companies, hotels and other entities involved in the infringement of rights through the public performance and communication to the public of musical works of its members. It is hoped that the organisation will remain unshaken in its resolve to protect the interests of its members and successful in its efforts.