Credit: CKN Nigeria
Consistent with the kernel of its recently launched copyright enforcement initiative, ‘Operation No Hiding Place’, Copyright Society of Nigeria (COSON), the nation’s sole collective management organization for musical works and sound recordings has filed a landmark copyright infringement action a...gainst Ikeja Hotels Ltd, owners of Sheraton Lagos. Also joined in the suit is Sheraton Overseas Management Corporation, which manages hundreds of hotelsin several countries across the globe and Mr. Barry Curran, General Manager of Ikeja Hotels Ltd.
In suit No. FHC/L/CS/1475/2014 filed at the Federal High Court, Lagos by Lagos IP lawyer, Mr. Justin Ige of Creative Legal on September 29, 2014, COSON is asking for the award of 1.04Billion naira in unpaid royalties and damages against Sheraton Lagos, its owners and managers 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 COSON members, affiliates and assignors.
COSON also pleaded that the 2ndand 3rdDefendants, Sheraton Overseas Management Corporation and Mr. Barry Curran, General Manager of Ikeja Hotels Ltd. have done nothing to end the brazen abuse of the intellectual property rights of owners of copyright in musical works and sound recordings at Sheraton Lagos Hotel, the huge facility which they operate and manage in Nigeria respectively and have rather continued to enjoy the profit emanating from such abuse. COSON maintains that by so doing, the hotel and its owners have continued to defy the laws of Nigeria which demand that creative people should be duly compensated for the exploitation of their works, an act which the organization would not dare to carry out anywhere else in the world.
COSON is requesting 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.
Reacting to the development, COSON Chairman, Chief Tony Okoroji said, ‘Nigerian law is not a piece of artwork to be placed on the wall and admired. It is made to be respected and obeyed. Nobody should feel sorry for any hotel or music user sued by COSON. For years, they have been reminded over and over again to act within the law. Some of them however believe that Nigeria is a place where there is no consequence for what you do so they treat the law with scorn. They will soon find out that they are wrong. It is well known all over the world that you cannot deploy intellectual property belonging to someone else in your business without a licence. That is the linchpin of most strong economies in the world today but there are many in Nigeria who rake in millions from exploiting the works of creative people but show absolute contempt for the rights of the same creative people. We are committed to bringing that to an end’.
Continuing, the former President of PMAN and author of Copyright, Neighbouring Rights & the New Millionaires said, ‘While major hotels such as Transcorp Hilton, Southern Sun, Eko Hotels & Suites, Protea Ikeja, Wheatbaker, Raddison Blue, Golden Tulip, etc. are complying with the law, some others believe that they are highly connected and nobody can touch them. They will soon learn that the law is not a respecter of persons. Let them go and hire the most expensive Senior Advocates and pay them millions. At the end of the day, they will find out that they must obtain licences and pay for the music they use. We will make them learn that the law is the law’
Also speaking the General Manager of COSON, Mr. Chinedu Chukwuji said, “Whatever we say at COSON, we will do. We have spoken to them for too long. We have exhausted all options and are left with no other choice but to take appropriate actions against those who will not listen to reason. When we chose the name ‘Operation No Hiding Place’ for our new copyright enforcement actions, we were not joking. There will be no hiding place for infringers of copyright in musical works and sound recordings in Nigeria. If we have not hit you yet, do not think that we are not seeing you. Do not wait. Resolve your issues now. It may be your turn tomorrow or the day after. Those who think that the law cannot be enforced in Nigeria will learn from COSON. COSON has been given the mandate by her members and international affiliates to ensure that their rights are well protected in Nigeria and we have no intentions to fail on that. We are not joking”.
It will be recalled that just recently, COSON launched an all-encompassing war against music copyright infringers in Nigeria in a campaign tagged, ‘Operation No Hiding Place’ and has announced its determination to make operations impossible for all recalcitrant music users
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