1st October, 2013
The Estate of the composer of the National anthem, the late Pa Benedict Odiase, has sued telecommunications giant, MTN Nigeria Communications Limited, for the sum of N1.5 billion for the use of the National Anthem titled Arise O’ Compatriots as ring and call back tones without authorization or license.
In the writ in SUIT NO: FHC/L/CS/1320/13 which was issued by D. A. Awosika & Partners LLP and filed before the Federal High Court, Lagos, the estate represented by Mr. Benedict Obasuyi Odiase and Ms Benedicta Izegboye Odiase, the telecommunication company is accused of various re-orchestration, adaptation, recording and deploying the musical work, composed, authored and performed by the late Pa Benedict Elide Odiase, MON, as telephone ringtones and caller ring back tones to over 30 million of its subscribers throughout the federation of Nigeria without the plaintiffs authorization or license.
The Estate further accused the telecommunication company that it has infringed and continues to infringe the plaintiffs’ copyright in the musical works (composed, authored and performed by the late Pa Benedict Elide Odiase) whose copyright now devolves on the plaintiffs and no authorization of the plaintiffs was given for such exploitation.
The plaintiffs averred that they never at any time gave authorization to any person or assigned the ownership of the copyright in the musical composition of the work Arise O Compatriot to the defendant, MTN Communications Limited, any organization or person to act on their behalf.
The plaintiffs also accused the telecommunication company that it has not only infringed but flagrantly continues to infringe on the plaintiffs’ copyright in the aforementioned work by using same without the plaintiffs’ permission or consent in the advertisement and promotion of the defendant’s products and services to millions of the defendant’s subscribers thereby boosting the telecommunication’s business profile and profit.
Based on court processes filed, the plaintiffs want among other reliefs, a declaration of the court that the unauthorised adaptation, synchronization and deployment of the musical work titled Arise O’ Compatriot as telephone ringtones on the defendant’s network, platforms or premises without the authority or permission of the plaintiffs which act continues unabated on the database of the defendant’s subscribers as ringtones and caller ring back tones to several millions of the defendant’s subscribers as infringement of the proprietary interests of the plaintiffs and an award of N1.5 billion as damages and costs.
Meanwhile, MTN has written to the plaintiffs’ lawyers claiming that the infringement was committed by its content providers and therefore it should not be held liable for the infringement of copyright in the work on its platform or network.
Hearing date in the case is yet to be fixed.