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MCSN Slams Multichoice with N29bn Suit over Alleged Copyright Violation
The Musical Copyright Society Nigeria Ltd/Gte (MCSN) has sued cable outfit, Multichoice Nigeria Limited at the Federal High Court demanding N29 billion for the alleged violation of its copyright.
In an ex-parte order, MCSN secured an ANTON PILLER order on January 12, 2024, to enter the office or premises of Multichoice Nigeria Limited to seize, detain, and preserve the infringing devices, tapes, transmitters, and any contrivances or equipment. l and inspect any document and broadcast logs however stored, relating to this suit, in the custody or under the control of the defendants (Multichoice).
The Federal High Court, Lagos, also gave an interim order against Defendant preventing/restraining the Defendant from recording, synchronising, performing by any means whatsoever, broadcasting and communicating to the public or causing the doing of any of the acts in musical works and sound recordings which copyright are vested in the plaintiff within the Federal Republic of Nigeria pending the hearing and determination of the motion on notice filed herein.
Finally, the Court gave an interim order directing the Defendant to post (or make available) an acceptable bank guarantee from a reputable commercial bank licensed by the Central Bank of Nigeria (CBN) within the Jurisdiction of this honourable Court to cover the claims of the Plaintiff plus interest in the sum of N29,434,342,340.20 (Twenty-Nine Billion, Four Hundred and Thirty-Four Million, Three Hundred and Forty-two Thousand, Three Hundred and Forty Naira, Twenty kobos) only and for same to be made available (within fourteen(14) days of this order to the Deputy Chief Registrar of this Honorable Court pending the hearing and determination of the motion on filed herein.
At a press conference in Lagos last week, MCSN announced that it has reluctantly taken some recalcitrant users of music to court to demand payment of royalties from them.
“The era of locust years was gradually brought to a halt when the due process of the law finally took over since about 2018 and in particular when the apex court, the Supreme Court of Nigeria delivered judgments in two cases principally on the subject of collective administration of copyright. The judgments are in Appeal Nos. SC/366.2008 between Adeokin Records Co. & Anor vs. Musical Copyright Society Nigeria Ltd/Gte reported in (2018) 15 NWLR (Pt.1643)550 and SC/425/2010 between Musical Copyright Society Nigeria Ltd/Gte vs. Compact Disc Ltd & Ors reported in (2019) 4 NWLR (Pt.1661) 1. The Court of Appeal followed when it affirmed the Federal High Court judgment awarding the sum of N5.9 billion in damages in Appeal No. CA/L/188/18 between Multichoice Nigeria Limited vs. Musical Copyright Society Nigeria Ltd/Gte”, the Chairman of the Board, Orits Williki, who read the speech on behalf of the President of the Society, King Sunny Ade, said.
The Society is demanding N27.3 billion for the actual use of musical works and sound recordings and N2.05 billion for Value Added Tax (VAT) due to the Federal Government of Nigeria from Multichoice Nigeria Limited, not to mention what will eventually go to the various state governments in personal income tax.
Besides Multichoice Nigeria Limited, MCSN has also sued other broadcasters who have indicated their willingness and readiness to negotiate and settle out of court and the Society is happy to oblige them.
At a world press conference at the Ikeja Airport Hotel addressed by the President of the Society, King Sunny Ade, MCSN was thankful to the 9th National Assembly and the Federal Government of Nigeria for enacting the new Copyright Act 2022 in March 2023, which the Society believes would halt the dividing tactics of users and consumers of musical works and sound recordings against the practitioners in the creative industries in Nigeria. The Society also commended the Nigerian Copyright Commission (NCC) and its Director General, Dr. John Asein, for bringing about and sustaining the stable environment for the growth of copyright culture in Nigeria. “The NCC worked tirelessly in birthing the new Copyright Act 2022, deploying the necessary machinery in implementing key provisions of the Act, particularly in the area of enforcement, promoting the due process of the law and providing necessary information and education for interested stakeholders and the public at large.”
Among hospitality concerns MCSN has taken to court is Transcorp Hotels PLC against which the Society is claiming N2.8 billion at Federal High Court, Abuja.
