Within a month of filing an unprecedented 16 Billion Naira
law suit against telecommunications giant, MTN, Copyright
Society of Nigeria (COSON), the nation’s sole government
approved collective management organization for musical
works and sound recordings, has dragged Emerging
Markets Telecommunications Services Ltd, the parent
company of ETISALAT before the Federal High Court in
Lagos claiming about N11 Billion for copyright infringement.
Fully committed to its recent pledge of an unprecedented
showdown with copyright infringers and music copyright
royalty defaulters in Nigeria, COSON has not only asked the
court for seven different declarations of copyright
infringement against ETISALAT in its “Experience” or
“Flagship” Centres across the country; the various
ETISALAT ‘Road Shows’ in Nigeria; the different ETISALAT
Music Concerts, Festivals, Award Shows, Product
Activations and Corporate events; the ETISALAT
EASYTUNEZ platform; the ETISALAT CLOUD 9 Platform, etc,
the no-nonsense copyright collective management
organization has also demanded an account of all profits
made by ETISALAT, its agents, privies and servants from
the infringements of copyright in music belonging to COSON,
its members, affiliates and assignors.
With 20 distinct claims endorsed on the writ supported by a
45 paragraph Statement of Claim filed by Lagos Intellectual
property lawyer, Mr. Tochukwu Tagbo in Suit No. FHC/L/
CS/756/2016, COSON which also represents in Nigeria over
135 Collective Management Organizations from every part
of the world and the major international music labels such
as Universal, Warner Music, Sony Music, etc., has also
asked for a perpetual injunction restraining ETISALAT, its
agents, privies and servants from the continued
unauthorized copying, communication to the public,
streaming, selling, broadcasting, making available for
downloading and permitting the unauthorized performance
to the public and infringement of the copyright in the musical
works and sound recordings belonging to members,
affiliates and assignors of COSON.
Attaching numerous exhibits to the Statement of Claim,
COSON pleaded that the Government of President
Muhammed Buhari has identified the entertainment industry
as one of the key areas to be promoted in Nigeria to provide
good paying jobs for young people in the country; to reduce
crime and insurgency and boost the nation’s economy but
that the activities of the likes of ETISALAT are set to torpedo
the very good intentions of the government. COSON also
stated that as a result of the refusal of ETISALAT to pay
royalties for the musical works and sound recordings
deployed in its operations, the government of the Federal
Republic of Nigeria has been denied several millions of naira
being Value Added Tax (VAT) and other taxable income
accruable to the government from the royalties.
COSON also warned of its concern that in frustration with
the lawless behaviour of ETISALAT, individual right owners
in musical works and sound recordings may be forced to
take precipitate actions to protect their rights and this may
lead to breakdown in law and order.
Speaking on the robust actions being taken by COSON to
create a sustainable and strong music industry in Nigeria,
Chief Tony Okoroji, the Chairman of COSON, who is a well-
known former President of PMAN and one of Africa’s most
respected authorities on Intellectual Property rights said,
“Anyone who still thinks that COSON is joking needs to have
his or her head examined. We are committed to stamping
out the era of “monkey dey work, baboon dey chop” from
the Nigerian music industry and establish a transparent and
accountable industry in which everyone who invests his or
her talent or resources can rest assured that his or her
investment will be fully protected. We will not buckle under
pressure from anyone no matter how mighty. Recently, we
sued a federal government owned agency. We have gone to
court against a State government.
We have had to sue
Nigeria’s biggest bank, wrestle in court with Nigeria’s
biggest hotels and broadcast networks. At COSON, our
belief is that no one is above the law.
“Anyone familiar with COSON knows that if we say that we
are going to do something, we are going to do it. At COSON,
we are resolute that the labour of Nigerian musicians and
investors in the music industry who toil every day to make
people happy will no longer be in vain. They cannot make
people happy and be sad themselves. Anyone intending to
exploit their sweat to serve his own purpose has COSON to
deal with. We are not just fighting for individuals.
We are
fighting for the Nigerian nation. The recent crash in the price
of crude oil should make it clear to everyone that our nation
must change course. We can no longer afford to anchor the
future of our children and grandchildren on the vagaries of
the crude oil market. Our music and our movies in great
demand everywhere in the world must count for something.
They should contribute significantly to the nation’s GDP and
provide jobs for hundreds of thousands of our citizens. The
era of monkey dey work, baboon dey chop is over. We have
asked our lawyers to go on ‘rampage’. Our brief to them is
clear: there will be no untouchables and no sacred cows; no
retreat, no surrender”.
Also speaking on the matter, Songstress and COSON Board
Member, Azzezat Allen said ‘we have made a pledge to
thousands of members across the country that music must
pay. We have to keep that promise using every tool at our
disposal. COSON doesn’t ever go to court without serious
efforts in engaging the copyright defaulters. Sometimes you
just get this feeling that they are daring you to do your
worst. Eventually, we must let them know that we are not
playing games. What COSON says it will do, COSON will do’.
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