TRIAL BEGINS IN N500 MILLION COPYRIGHT
SUIT BROUGHT BY COSON AGAINST LAGOS ORIENTAL HOTEL
Trial has begun before Justice Babs
O. Kuewumi of the Federal High Court, Lagos in the Five Hundred Million Naira
copyright infringement action brought by Copyright Society of Nigeria (COSON), against
Lagos Oriental Hotel, Victoria Island and Mr. Philip Speilhage, General Manager
of the organization.
On the witness stand on behalf of
COSON on Thursday, February 24, 2017, was Chief Tony Okoroji, Chairman of the
Board of the organization, a former President of PMAN and author of the
celebrated book, ‘Copyright & the New Millionaires’. The renowned copyright
activist was Led in evidence by Lagos Intellectual Property lawyer, Mr. Justin
Ige of Creative Legal who appeared for COSON with Mr. Obi Onyewuchi.
Under cross examination by Mr. Durojaiye
Mufutua, lawyer to Lagos Oriental Hotel, Chief Okoroji who tendered evidence
that he had spent some time at the hotel, testified that by providing the venue
for infringement of copyright in music, the hotel was aiding the infringement and
therefore was liable. Okoroji also testified that the responsibility of the
hotel does not end with the provision of the venue and other facilities but included
ensuring that the music performed in its premises was not infringing music. Justice
Kuewumi thereafter adjourned the matter to May 22 for continuation of trial.
In the Suit No. FHC/L/CS/1091/15, COSON
is asking for the award of more than five hundred million naira in unpaid
royalties and damages for the unauthorized copying, communication to the
public, permission to perform in public and infringement of the copyright in
the musical works and sound recordings belonging to COSON members, affiliates
and assignors.
It
will be recalled that when the case was filed in 2015, Okoroji had said,
‘Contrary to the belief in some quarters, Nigeria is not a lawless country. Our
laws work. We have gone to court to find out if Lagos Oriental Hotel is special
and above Nigerian law. As of today, several top hotels doing business across
Nigeria are obeying the law, have got authorization for the music they deploy
and are paying royalties for the deployment of the music. Such hotels include Eko Hotel
& Suites, Victoria Island; Transcorp Hilton, Abuja; Sheraton Hotel &
Towers, Abuja; Protea Hotel, GRA, Ikeja; Intercontinental Hotel, Victoria
Island; Federal Palace Hotel, Victoria Island, Raddison Blu, Victoria Island;
Chelsea Hotel, Abuja, Sereba Hotel, Edo, Rockview Hotel, Abuja; The Moore House, Ikoyi; Protea Hotel, Victoria Island, Santex Hotel,
Edo State; Wheatbaker Hotel, Ikoyi, Valencia Hotel, Abuja; Southern Sun, Ikoyi, Nanet Suites,
Abuja; Lagos Airport Hotel, Ikeja;
Protea Hotel, Abuja, Savoy Suites, Ikeja, Agura Hotel, Abuja; Golden Tulip,
Lagos, Victoria Beach Hotel, Lagos, etc. We
believe in our courts and we are very interested in finding out if Nigerian
laws will be turned upside down just for this set of people.”
Also commenting on the development,
COSON General Manager, Mr. Chinedu Chukwuji, said, ‘We have always been one to
deliver on our words at COSON. Last year we lunched ‘Operation No Hiding Place’
and promised all music users who have continued to show disdain for the rights
of our members and affiliates that they are in for a rough ride. We are
approved by the government to revolutionize the copyright culture in Nigeria for
the good of the nation. We will continue to do that without any apologies. We
are on course and we are not looking back”.
