In a significant development, the Nigerian Copyright Commission (NCC) has taken legal action against MTN Nigeria Communications Ltd.
and four other defendants on charges of alleged copyright infringement. The criminal charges, filed with Number FHC/ABJ/CR/111/2024 in the Federal High Court, Abuja Division, were obtained by the News Agency of Nigeria on Monday.
The defendants named in the case include Karl Toriola, the Chief Executive Officer of MTN Nigeria, Nkeakam Abhulimen, Fun Mobile Ltd., and Yahaya Maibe.
According to the three-count charge, the NCC alleges that between 2010 and 2017, the defendants engaged in the unauthorized sale, trade, and distribution of musical works belonging to artist Maleke Idowu Moye. These actions were purportedly carried out without the consent or authorization of the artist.
Specifically, the defendants are accused of using Maleke's musical works and sound recordings as Caller Ring Back Tunes without proper authorization. The copyrighted musical works involved in the alleged infringement include titles such as "911," "Minimini-wanawana," "Stop racism," "Ewole," "911 instrumental," "Radio," "Low waist," and "No bother."
Furthermore, the defendants are charged with distributing these musical works to subscribers without proper authorization, thereby infringing upon the rights of the artist. Additionally, the third count alleges that the defendants unlawfully possessed the musical works for purposes other than private or domestic use.
The NCC asserts that these actions contravene section 20 (2) (a) (b) and (c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.
This legal action underscores the NCC's commitment to protecting the intellectual property rights of artists and creators in Nigeria. As the case unfolds in court, it will be closely watched for its implications on copyright enforcement and digital rights within the country.
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