Copyright Infringement: Court Awards N20M Damages Against MTN
Justice Mary Ojukwu of a Federal High Court sitting at the Federal Capital Territory (FCT) today ordered the telecommunications giant, MTN Nigeria Plc to pay a musician a total of Twenty Million Naira (N20,000,000.00) only and also render an account of profit for the illegal use of the song in contention for three years.
Liberty Williams had in 2017 dragged MTN, its Chief Executive Officer, Ferdi Moolman; Nowhere To Run Entertainment Limited and Emmanuel Abanah before the court asking the court to compel the respondents to pay him Two Hundred Million Naira (N200,000,000.00) only as general damages and One Hundred Million Naira (N100,000,000.00) as aggravated and punitive damages.
Williams with the stage name, “Pupayannis” had in the process, with identification number FHC/ABJ/CS/2017, endorsed by his lawyers, Remedium Law Partners (formerly Felix Igelige and Associate Law Partners) prayed the court to declare that MTN’s sale of the song without his consent constituted an infringement on his copyright.
Pupayannis had accused MTN of selling a song he composed in July 2013 as a ring tone.
He, therefore, asked the court to declare that MTN’s sale of the song without his consent constituted an infringement on his copyright.
Pupayannis further contend that MTN, in collaboration with Nowhere to Run Entertainment Company, offered his song “Love Is Everything” to its millions of subscribers as a ring tone and caller tune without his consent.
In his statement of claim, the plaintiff said he wrote, composed and financed the production of the song in July 2013, three months before he agreed with Nowhere to Run Entertainment Ltd.
He contended that he did not, at any time, surrender the master tape and the right of the song to the entertainment company and its chief executive.
