Eko Hotel & Suites, Lagos, one of Nigeria’s best known hotels, reputed to have the most expensive facilities for staging entertainment events in Africa, has been hit with a multi-billion naira law suit by Copyright Society of Nigeria (COSON), the nation’s sole government approved collective management organization for musical works and sound recordings
. In the copyright infringement action filed on behalf of COSON at the Federal High Court, Lagos by copyright legal expert, Mr. Justin Ige of Creative Legal, Seun Omotoba & Co, COSON has also sued the General Manager of Eko Hotel & Suites, Mr. Danny Kioupouroglou.
In Suit No FHC/L/CS/1129/2012 supported by a 37 paragraph Statement of Claim and over 30 exhibits, COSON pleaded that the Defendants have for several years up to the time of filing the suit continuously allowed the use of the several facilities at Eko Hotels & Suites, Lagos for the unlicensed and unauthorized performance to the public of musical works belonging to COSON members, affiliates and assignors and the unlicensed and unauthorized communication to the public of musical works and sound recordings belonging to COSON members, affiliates and assignors thereby infringing the copyright of its members, affiliates and assignors.
COSON also stated in the Statement of Claim that the behaviour of the Defendants which is not acceptable in many countries around the world has led to the death in penury of many of Nigeria’s greatest music stars of all times whose creative talents were exploited to provide wealth for the likes of the Defendants while in most cases, nothing is left behind for the dependants of the music stars and not even money to give them a decent burial is available and that the many examples include: Late Sonny Okosun, Late Oliver De Coque, Late Stephen Osita Osadebe, Late Bala Miller, Late Nelly Uchendu, Late Christy Essien Igbokwe, Late Rex Jim Lawson, Late Ayinla Omowura, Late Orlando Owoh, Late Celestin Ukwu, etc.
COSON in the suit has asked the court for the award of more than 4.5 billion naira against the Defendants in unpaid royalties, interest on the unpaid royalties, general, exemplary and aggravated damages for the unauthorized copying, communication to the public, permission to perform and infringement of the copyright in the musical works and sound recordings belonging to its members, affiliates and assignors. The collective management organization has also asked the court for a perpetual injunction restraining the Defendants, their agents, privies or servants from the unauthorized copying, communication to the public, permission to perform and infringement of the copyright in the musical works and sound recordings belonging to its members, affiliates and assignors.
Filed along with the suit is a motion for an order of interlocutory injunction restraining the Defendants from permitting any place or facility of public entertainment or business, belonging to or controlled by the Defendants, to be used for performance to the public of musical works and/or sound recordings belonging to the Plaintiff, the Plaintiff’s members, assignees and/or affiliates without the license of the Plaintiff pending the final determination of the suit.
Reacting to the development, COSON Chairman, Chief Tony Okoroji, said, ‘‘we are engaged in an important crusade to change the despicable attitude in Nigeria towards creative talents and creative endeavors. We will not stop until across Nigeria it is fully understood how important it is to the development of our nation that everyone imbibes the culture of respect for intellectual property. Those who have followed this process can bear witness that we have been very patient with the hotel industry in Nigeria. We have not been hasty at all. We have pleaded with them and sought ‘give and take’ on every front. Unfortunately, their leaders believe that they are so smart that they can play an endless game of chicken with us while they continue to shamelessly exploit the talents of innocent Nigerians to make huge profits for themselves. I repeat that we will not back down. The leaders of the hotel industry mishandled this matter and are directly responsible for whatever is happening now. We have been pushed to the wall and we are pushing back full throttle so that generations of artistes in Nigeria are treated with respect.’’
Also commenting on the development, COSON General Manager, Mr. Chinedu Chukwuji, said, ‘I wish to repeat that we are following everybody and closely and we are not joking. Let me also repeat my advice to everyone who uses music in their businesses that it is far cheaper to settle the issue of copyright ahead of time than to face the massive litigation that intellectual property infringement attracts. I don’t think it makes sense to have to pay the huge legal costs and still have to pay the licensing fees and damages when you well know that the work you are deploying does not belong to you but people will not listen. Let me be clear, COSON is not joking’
Just last week, COSON which is revolutionizing copyright royalty collection and distribution in Nigeria, signed copyright royalty agreements with Protea Hotel Maitama and Shehu Musa Yar’Adu Centre both in Abuja. COSON has also has signed copyright royalty agreements with different commercial users of music such as Google, Multichoice, Wazobia FM, STV/Rhythm FM, FRCN, LTV, Galaxy TV, etc.
