Infringement: Songwriter Claims N30m From MTN

A female Christian songwriter and performer, Oyenike Laoye a.k.a. Nikki Laoye and a media entertainment outfit, Wahala Media Entertainment Limited, have slammed a N30 million suit on MTN Nigeria Communications Limited, over an alleged copyright infringement.

Also joined as co-defendant is a value added service provider company, VAS2net Limited.

In a sworn statement, Oyenike Laoye averred that she is the author, performer and composer of the musical work, Never Felt This Way Before and as a result, she has the exclusive copyright of the said musical work.

The plaintiffs averred further that they never authorised nor granted any person the right or license to use the musical work as ring tone, ring back, true tones, mobile contents or exploit it in any other mode or manner.

However, MTN Nigeria Communications and VAS2net Limited, without their consent and authority, started advertising and selling the musical work, the copyright of which belongs to them, on MTN’s website.

The defendants, it was alleged, have been selling the aforementioned work to members of the public in form of ring tone, ring back tones, caller tunes and mobile content since October, 2009 and for every month thereafter and up till now, MTN has been deducting N100 from users’ credit balance.

The defendants were also alleged to have configured the content in such a manner that it also allows a third party to copy it direct from a subscriber who bought from the defendants, who automatically deducts N100 from credit balance of such subscriber, thereby further spreading the usage and extent of the infringement.

The defendants, they alleged, knew that copyright subsists in the subject matter of this suit, but flagrantly and disrespectfully infringed and continues to infringe on the copyright of the said musical work.

Solicitors of the plaintiffs wrote letters to the defendants to bring to their notice the infringement, contending that the defendants’ act has seriously and negatively affected their economic fortune and despite the letters these, they have continued to flagrantly infringe and are still infringing on their copyright in the said musical work, thereby causing them continuous damage.

Consequently, the plaintiffs are claiming against the defendants N20 million for breach of sound recording, mechanical rights, breach of performing and reproduction rights as well as general and exemplary damages in the sum of N10 million.

The plaintiffs are also urging the court to restrain the defendants from offering for sale or dealing in the said musical work without their permission.