A Federal High Court sitting in Lagos has awarded N210m in damages against Airtel Networks Limited for the unlawful use of a musical work titled “Nigeria Go Survive.”
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Justice Ibrahim Kala, while delivering judgment on Monday in suit no. FHC/L/CS/1822/2022, filed by the producer of the song, Veno Marioghae Mbanefo, held that Airtel’s use of the work without licence or authorisation amounted to copyright infringement.
Justice Kala said, “It is hereby declared that the defendant’s engaging in the restricted acts in the use of the plaintiff’s musical work titled ‘Nigeria Go Survive’ or any substantial part of it for advertisement, promotion, and telemarketing of its business, products and services to the millions of its subscribers or customers without licence and/or authorisation amounts to infringement of the copyright of the plaintiff in the work.”
The judge awarded N200m as general damages and the sum of N10m, as cost of action, bringing the total award to N210m.
“The sum of N200m is awarded as general damages against the defendant and in favour of the plaintiff for the loss occasioned by the infringement of her copyright,” the court held.
In addition, the court granted both mandatory and perpetual injunctions against Airtel.
Justice Kala ordered: “An order of mandatory injunction is hereby given prohibiting the defendant, its management, agents, servants, privies, successors-in-title and assignees from reproducing the Plaintiff’s musical work titled ‘Nigeria Go Survive’ or any substantial part of it from its list of songs for advertising, business, telemarketing and promotional purposes forthwith.”
The court further restrained the telecoms company from any future unauthorised use of the work.
“An order of perpetual injunction is hereby granted restraining the defendant from further engaging in the restricted acts in the use of the plaintiff’s musical work without licence and/or authorisation of the plaintiff,” the judge added.
Mbanefo, through her legal team led by Clement Onwvenwunor (SAN), had asked the court to declare that Airtel’s use of the song without crediting her as author and without consent breached her statutory rights under the Copyright Act.
She also sought damages and, in the alternative, an order directing Airtel to account for profits allegedly made from the infringement under the supervision of the Nigerian Communications Commission.
Airtel, represented by a legal team led by Babatunde Amoo, had urged the court to dismiss the suit.
However, Justice Kala, after reviewing the exhibits and submissions of counsel, held that, “The plaintiff, having proved her claim on the balance of probability against the defendant, has established a meritorious case.”
The court refused the plaintiff’s alternative prayer seeking an account of profits but upheld her substantive claims on infringement, damages and injunctions.
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