After achieving compliance from Dstv, Cool FM and Eko Hotel for the use of music belonging to artistes under its repertoire, Copyright Society of Nigeria (COSON), has filed a 10 billion naira copyright infringement action against DAAR Communications Plc., owners of Ray Power FM, Faaji FM and Africa Independent Television (AIT) for infringement.
Chairman of COSON, Chief Tony Okoroji, said in a statement that his society is determined to increase the royalty distributable to stakeholders in the music industry to match the massive use of music in our nation.
He said DAAR Communication, which is Nigeria’s biggest privately owned broadcast network with stations scattered across the country has not been paying the Society for the music used on its broadcast platforms.
He described the suit No. FHC/L/CS/1392/13 filed on October 7, 2013 on behalf of COSON, at the Federal High Court, Lagos by Intellectual Property lawyer, Justin Ige, as the biggest known copyright infringement action ever in Africa.
In the action, COSON is asking for the sum of N724, 500, 000. 00 (Seven Hundred and Twenty Four Million, Five Hundred Thousand Naira) being amount due as royalties or license fees.
COSON is also asking for general and exemplary damages and a perpetual injunction restraining Ray Power FM, Faaji FM and Africa Independent Television (AIT) managed by Chief Raymond Dokpesi, their agents, privies or servants from further or other unauthorized copying, broadcast of musical works or sound recordings, belonging to the members, affiliates and assignors of COSON and/or infringement of the copyright in the musical works or sound recordings belonging to the members, affiliates and assignors of COSON.
Okoroji noted that in a similar vein, COSON, was last year, was compelled to institute several law suits against some users of music and sound recordings in Nigeria. “This was after every attempt at moral suasion had failed. COSON had to go to court as a last resort. As you know, the court actions were productive. It however appears that old habits die hard. Some of the users may have gone back to their old ways and not all have learnt the lesson that the days of free music are gone in Nigeria forever.” He said.
It would be recalled that in April of this year, an argument over music royalty had ensued between Okoroji the Mr. Kenny Ogungbe, Manageing Director of RayPower FM during the maiden edition of the Nigerian Entertainment Conference at the Eko Hotel and Suites.
Okoroji had confronted Kenny Ogungbe for daring to say in public that COSON owed his label, Kennis Music, money. Ogungbe’s position stems from a recent distribution of royalty to some artistes, which the label boss felt was not evenly distributed. “It’s extremely unfair when you pay just a party on a song that has over ten rights… The fact remains that everybody must be paid because, I get messages every time they collect huge sums of money from several media houses; MNET, STV and the likes, and some people are busy sharing money which isn’t theirs at the National Theatre! I’ve said my mind and I have no apologies,” Kenny exclaimed while addressing conference delegates.
But Okoroji described Ogungbe’s argument as baseless, claiming that the Kennis Music boss is guilty of same allegations. According to Okoroji, Ogungbe makes music and he’s also the director RayPower, which he said has not been paying royalties to artistes. “So I don’t know what credibility he has on the subject! We’ve spoken to his station back and forth, yet his station still doesn’t pay royalties to anyone.” He said, fuming.
