National Anthem: MTN faces N1.5b suit over copyright infringement

2013/11/12

The Estate of the composer of the National anthem, Late Pa Benedict Odiase, has sued telecommunications giant, MTN Nigeria Communications Limited, for the sum of N1.5 billion for the use of the National Anthem titled “Arise O’ Compatriots” as ring and call back tones without authorization or license.


In the writ in SUIT NO: FHC/L/CS/1320/13 which was issued by D. A. Awosika & Partners LLP and filed before the Federal High Court, Lagos, the estate represented by Benedict  Obasuyi  Odiase and Benedicta  Izegboye Odiase, accused the telecommunication company of various re-orchestration, adaptation, recording and deploying the musical work, composed , authored and performed by Late  Pa Benedict Elide Odiase, MON, as telephone ringtones and caller ring back tones to over 30 million of its subscribers throughout the federation of Nigeria without the plaintiffs’ authorization or licence.


The Estate further accused the telecommunication company that it has infringed and continues to infringe the Plaintiffs’ copyright in the musical works (composed, authored and performed by late Pa Benedict Elide Odiase) whose copyright now devolves on the Plaintiffs and no authorization of the Plaintiffs was given for such exploitation.


Besides, the Plaintiffs averred that they never, at any time, gave authorization to any person or assigned the ownership of the copyright in the musical composition of the work “Arise O Compatriot” to the MTN, any organization or person to act on their behalf.


According to the court processes, the plaintiffs stressed that the telecommunication company had not only infringed on their copyright, but had flagrantly continue to infringe on the plaintiffs’ copyright in the aforementioned work by using same without permission or consent in the advertisement and promotion of the defendant’s products and services to millions of its subscribers thereby boosting the business profile and profit of the company.


The plaintiffs, among other reliefs, are therefore seeking a declaration of the court that the unauthorised adaptation, synchronization and deployment of the musical work titled “Arise O’ Compatriot” as telephone ringtones on MTN’s network, platforms or premises without their authority or permission was an infringement of their proprietary interests.


They equally want the court to mandate MTN to pay them N1.5 billion as damages and costs of the law suit.


Meanwhile, MTN has written to the Plaintiffs’ lawyers claiming that the infringement was committed by its content providers and therefore it should not be held liable for the infringement of copyright in the work on its platform or network.


(Source: Daily Independent)