COSON slams MTN Nigeria with N16 billion copyright lawsuit

According to a report via IT Pulse, MTN is currently fighting a music right infringement suit, which was filed in Nigeria by the Copyright Society of Nigeria (COSON). If lost, MTN may lose an additional 16 Billion Naira.

This adds to the operator’s woes as back in October 2015, the Nigerian Communications Commission had fined MTN for failing to disconnect 5.2 million unregistered subscribers on its network. The fine stood, at the time, at a monumental $5.2 billion USD.

The report reveals that COSON has filed a motion for final judgment in the watershed 16 Billion Naira copyright infringement action.

According to thenationonlineng.net, in suit No. FHC/L/CS/619/2016, filed by Lagos Intellectual property lawyer, Mr. Justin Ige of Creative Legal, COSON had asked the court for six different declarations of copyright infringement allegedly perpetrated by MTN in the MTN Friendship’, ‘Connect’ or ‘Walk In’ Centres across Nigeria; the MTN ‘Road Shows’ in Nigeria; the various MTN Music Concerts, Festivals, Award Shows, Product Activations and Corporate events; the MTN Callertunez platform; the MTN Music Plus Platform and the MTN Mobile Radio.

According to the report, COSON, in the Statement of Claim, revealed that it had taken several steps, engaged in massive media advertising, organized 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 but that no attempt made by COSON has got MTN to meet its lawful obligations.

COSON complained that for every Caller Ring Back Tune (CRBT) sold by MTN, the defendant keeps a staggering 60% – 70% of the income to itself, giving just about 30% – 40% of the revenue to Value Added Service (VAS) Provider, the Record Label, the Performer, adding that no amount was given to the copyright owners responsible for creating the musical works.

The body further prayed the court for an injunction restraining MTN, its agents or privies from the continued infringement of the copyright in the musical works and sound recordings belonging to members, affiliates and assignors of the society.

This is a developing story.

Staff Writer