Copyright Battle: MCSN Loses Case Against COSON And The Hotel Industry The unapproved Musical Copyright Society Nigeria (MCSN) has been dealt another significant blow at the Federal High Court in Lagos as the Hon Justice I.N. Buba in a recent judgment dismissed MCSN’s suit against Copyright Society of Nigeria (COSON) and Hotel & Personal Services Employers Association of Nigeria (HOPESEA), the organization of which most of the major hotels in Nigeria are members. MCSN had by Originating Summons dated December 7, 2010 gone to the Federal High Court Lagos seeking an injunction restraining HOPESEA from entering into any form of agreement with COSON related to or connected to the payment or collection of royalties with respect to the use of musical works or related audio visual works. MCSN also asked the court to: Restrain COSON from receiving any payment howsoever from HOPESEA or any of its members for the use of musical works and related audio visual works. Opposing the suit, the team of COSON lawyers led by Mr Femi Fajolu of Chief G.O. Sodipo & Co. filed a preliminary objection dated November 24, 2012 to the effect that the MCSN suit was an abuse of the processes of the court since the MCSN cases that formed the fulcrum of the suit had been struck out by the courts at the time the originating summon was filed. The COSON lawyers applied for the originating Summons to be dismissed. Mr Fajolu’s application was opposed by Mr S. Onoja, counsel to MCSN. Delivering Judgment on July 2, 2013, Justice I.N. Buba said, ‘It is indeed true that as at 7th December 2010 when the instant Originating Summons was filed, there was no case pending before CMC Olatoregun Ishola J. as the cases were struck out by the court on the 26th day of October 2010’ Going further, Justice Buba said, ‘I believe that the objections are on good ground. Where a case is filed without an iota of believe again, it amounts to an abuse. Where the court finds out that its processes are abused, same should be dismissed without any formality’. Reacting to the judgment, COSON Chairman, Chief Tony Okoroji said that it was another nail in the MCSN coffin. According to Chief Okoroji, ‘MCSN cannot complain. They were given very many chances to be in the main stream and work with the rest of the music industry for the benefit of the nation and they decided to act like Boko Haram. Today, they finally find themselves isolated while the music industry is marching on. They have a warped idea of what justice is. If a decision does not favour them, then it is injustice. ‘I know that we are in a democracy and any aggrieved person should have access to the courts. That cannot be an excuse for a small group of persons to hold the nation to ransom, litter the courts funded at great costs to the citizens with frivolous and ill-conceived cases and compel very busy judges to repeatedly embark on a journey to nowhere. MCSN must have over 50 misguided cases before different judges of the Federal High Court alone, most of them based on the same issues, some already determined at the Court of Appeal. What Justice Buba found out is what we have been saying for a long time. The MCSN abuse of the courts is unprecedented and something must be done to stop it. Continuing, the former President of PMAN and author of the ground breaking book, Copyright & the New Millionaire, said, ‘MCSN is not a collecting society. They are a habitual complaining society. When they are not filing suits, they are organizing one cheap demonstration after another with area boys or writing petitions against all kinds of public officials. They want to intimidate Nigeria to give them undeserved recognition so as to collect money on behalf of innocent musicians. COSON collects money and distributes the money transparently to musicians; MCSN collects money and distributes it to lawyers and area boys’ FOR COSON: Chibueze Okereke Head, Communications, Media and Strategy 25, Omodara Street, Awuse Estate, Opebi, Ikeja, Lagos. Tel: 234-1-4808869, +2347028032114, +2348067281792, +2348035899880
Posted on: Sat, 17 Aug 2013 17:32:41 +0000
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