₦airaland Forum

A Lagos Division of the Federal High Court has awarded N5.9 billion “special damages” against Multichoice Nigeria Limited in an eight-year-old copyright infringement legal battle between the South African firm and the Musical Copyright Society of Nigeria Ltd./GTE.

In a judgment on Friday, Mohammed Idris, the judge, struck out Multichoice’s claims against the defendant, the Musical Copyright Society of Nigeria Ltd. (MCSN)/GTE.

The judge said, “The court having delivered judgment this 19th day of January, 2018, striking out the plaintiff’s claims, it is hereby ordered as follows: That judgment is entered in favour of the defendant/counter-claimant in the following terms: N5,490,652,125.00 only as special damages.”

The court also awarded separate sums of N200 million and N309 million as general and aggravated damages respectively against Multichoice in favour of the Musical Copyright Society of Nigeria Ltd./GTE.

Multichoice had dragged the Musical Copyright Society of Nigeria to court in Suit No. FHC/L/CS/1091/11 seeking a perpetual injunction restraining the group from asking or demanding them to obtain copyright licence for the broadcast and communication to the public of musical works on the radio and television channels operated and distributed by Multichoice.

According to the company, MCSN was not licensed or approved by the Nigerian Copyright Commission as a collecting society.

The suit had come after MCSN wrote to Multichoice in 2011 demanding N4.1 billion as cumulative copyright and royalties for its body of works used by the latter during the airing of its programmes.

In its counter-claim filed before the judge, MCSN accused Multichoice of copyright infringement on 18 songs in its repertoire, including ‘Konko Below’ and ‘Never Far Away’ by Nigerian masked musician, Bisade Ologunde (popularly known as Lagbaja).

The other songs, which the Musical Copyright Society of Nigeria Ltd./GTE accused Multichoice of using without lawful permission included UEFA Cup thematic music and UEFA Championship League thematic music.

“The defendant to the counter-claim did each of these acts in the course of and to promote their businesses and to make profit without the authority or licence of the counter-claimant and the counter-claimant has suffered loss and damage,” the MCSN had argued in its counter-claim.

“The defendant to the counter-claim bluntly refused or neglected to voluntarily apply for and obtain the permission of the counter-claimant before deploying the musical works of the counter-claimant’s repertoire into the defendant’s broadcasting activities.

“The defendant has continued to infringe upon the works and has threatened to do so continually unless restrained by this honourable court.

“By its acts of infringement aforesaid, well knowing that it was thereby infringing the copyright of the counter-claimant, the defendant has acted in flagrant disregard of the rights of the counter-claimant. On this premise, the counter-claimant is entitled to and claim from the defendant additional damages pursuant to Section 16(4) of the Copyright Act 2004.”

More information - https://prexblog.com/multichoice-nigeria-to-pay-n5-9-billion-for-special-damages/

Dem don hammer

https://nextshark-vxdsockgvw3ki.stackpathdns.com/wp-content/uploads/2015/06/large-5.jpg

Hahahahaha.... Bunch of jokers.

When we already knw d bottomline?

Watch as they xchange Warm coffee n warm handshake in za oza rum

So, the company will just cough out 5.9 billion for just damages , abeg make them come do me the damages. Abeg.

Wow. This is huge. They make so much from their customers but don't want to pay for content.
But these big coys don't pay easily. Next thing you'll hear is someone at the rock in Abuja has negotiated a smaller amount or procured another judgment with reduced amount for them and pockets some appreciation. Is it not Nigeria again?

Stevengold:
So, the company will just cough out 5.9 billion for just damages , abeg make them come do me the damages. Abeg.

They will appeal the judgement

When I am planning to subscribe because of BBN

Hmmm

Nice one...

Increase subscription rate especially for the judge if others are paying 40k for premium he should pay 100k

Where's TSTV?

Good.

baba frayo...please be on the list

subscribers ,na una go pay that money....
thank God i no get dstv

ONLY A FOOL WILL PITY SOUTH AFRICANS AFTER WHAT THEY HAVE DONE TO WE NIGERIANS IN THEIR COUNTRY

Hmmm

Newsprex:
A Lagos Division of the Federal High Court has awarded N5.9 billion “special damages” against Multichoice Nigeria Limited in an eight-year-old copyright infringement legal battle between the South African firm and the Musical Copyright Society of Nigeria Ltd./GTE.

In a judgment on Friday, Mohammed Idris, the judge, struck out Multichoice’s claims against the defendant, the Musical Copyright Society of Nigeria Ltd. (MCSN)/GTE.

The judge said, “The court having delivered judgment this 19th day of January, 2018, striking out the plaintiff’s claims, it is hereby ordered as follows: That judgment is entered in favour of the defendant/counter-claimant in the following terms: N5,490,652,125.00 only as special damages.”

The court also awarded separate sums of N200 million and N309 million as general and aggravated damages respectively against Multichoice in favour of the Musical Copyright Society of Nigeria Ltd./GTE.

Multichoice had dragged the Musical Copyright Society of Nigeria to court in Suit No. FHC/L/CS/1091/11 seeking a perpetual injunction restraining the group from asking or demanding them to obtain copyright licence for the broadcast and communication to the public of musical works on the radio and television channels operated and distributed by Multichoice.

According to the company, MCSN was not licensed or approved by the Nigerian Copyright Commission as a collecting society.

The suit had come after MCSN wrote to Multichoice in 2011 demanding N4.1 billion as cumulative copyright and royalties for its body of works used by the latter during the airing of its programmes.

In its counter-claim filed before the judge, MCSN accused Multichoice of copyright infringement on 18 songs in its repertoire, including ‘Konko Below’ and ‘Never Far Away’ by Nigerian masked musician, Bisade Ologunde (popularly known as Lagbaja).

The other songs, which the Musical Copyright Society of Nigeria Ltd./GTE accused Multichoice of using without lawful permission included UEFA Cup thematic music and UEFA Championship League thematic music.

“The defendant to the counter-claim did each of these acts in the course of and to promote their businesses and to make profit without the authority or licence of the counter-claimant and the counter-claimant has suffered loss and damage,” the MCSN had argued in its counter-claim.

“The defendant to the counter-claim bluntly refused or neglected to voluntarily apply for and obtain the permission of the counter-claimant before deploying the musical works of the counter-claimant’s repertoire into the defendant’s broadcasting activities.

“The defendant has continued to infringe upon the works and has threatened to do so continually unless restrained by this honourable court.

“By its acts of infringement aforesaid, well knowing that it was thereby infringing the copyright of the counter-claimant, the defendant has acted in flagrant disregard of the rights of the counter-claimant. On this premise, the counter-claimant is entitled to and claim from the defendant additional damages pursuant to Section 16(4) of the Copyright Act 2004.”

More information - https://prexblog.com/multichoice-nigeria-to-pay-n5-9-billion-for-special-damages/

That is just the beginning!

This is a landmark judgement. Enough of this impunity by this South African firm. I no they will still go to the higher court but I am very sure they will still loose.

Nice one Lagbaja...I thank him because he is instrumental to this judgement.

see hammer!!!!!!!!!!!!!!!!!!!!!

They should come and damage me small nah

THIS IS A MERE MOCKERY OF THE JUDICIARY, WHY NOT AWARD A DAMAGE COST THAT CAN BE EASILY OVER LOOKED AND PAID THAN THIS RINGA RINGO ROSES.

Make them just pack go back.... I see say this guys are against the progress of Nigerian people... Dey just frustrated TSTV... Abeg all this court continue slamming them with this kind charges... Make them just crash... Till all the prosperity of the wicked come back to our people...

good for them

Copyright infringement is a huge issue all over the world

Meajor:
Make them just pack go back.... I see say this guys are against the progress of Nigerian people... Dey just frustrated TSTV... Abeg all this court continue slamming them with this kind charges... Make them just crash... Till all the prosperity of the wicked come back to our people...

You do know that Nigerians work there and not south Africans. Saying it should crash is a terrible thing to say

Pay up!