The Nigerian Copyright Commission has filed charges against MTN Nigeria Communications Ltd. and four others over alleged copyright infringement.
According to Nairametrics, The charge with Number FHC/ABJ/CR/111/2024 filed in the Federal High Court, Abuja Division was obtained by the News Agency of Nigeria (NAN) on Monday.
the Chief Executive Officer of MTN Nigeria, Karl Toriola, Nkeakam Abhulimen, Fun Mobile Ltd., and Yahaya Maibe are the other defendants.
In the three-count charge, NCC alleged that the defendants, between 2010 and 2017 “offered for sale, sold and traded for business’’, infringed the musical works of an artist, Maleke Idowu Moye without his consent and authorization.
The Commission explained that the defendants allegedly used musical works and sound recordings of Maleke with subsisting copyright, as Caller Ring Back Tunes, without the authorization of the artiste.
The musical works and sound recordings of the musician allegedly infringed upon included; 911, Minimini-wanawana, Stop racism, Ewole, 911 instrumental, Radio, Low waist, and No Bother.
It is also alleged that the defendants have unlawfully distributed musical works to their customers without authorisation, thereby infringing on the artists’ rights.
In the third count, the defendants were accused of having, other than for their private or domestic use, musical works and sound recordings of the artiste in their possession.
According to NCC, the alleged offences are contrary to and punishable under section 20 (2) (a) (b) and (c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.
However, the case is yet to be assigned to any judge and no date has been fixed for mention, according to the NAN report.
For copyright infringement to be established, the alleged copyright owner must be able to prove a causal connection between their work and the alleged infringing work (i.e., a high likelihood that the defendant copied their work and substantial taking by the defendant).
