Music stars in endless copyright wars

A legal action by popular musician, Paul ‘Play’ Dairo, against Etisalat heightens the fight against copyright infringement, CHUX OHAI writes

Once again, music star, Paul ‘Play’ Dairo, is in the news. This time, the subject of attraction is his decision to drag telecommunications service provider, Etisalat, before a Federal High Court in Lagos for allegedly infringing on his copyright.

The award-winning singer is demanding the sum of N200m from the company for using his hit song titled ‘Mosorire’ without his permission.

Dairo alleged in an affidavit filed in support of his suit that the song was used in the ‘Nigerian Idol’, a reality TV music talent-hunt show sponsored by the GSM company, between 2012 and 2013, without paying him royalties.

Joining the organisers of the show, Optima Media Group Limited, in the suit, he claimed that the defendants particularly infringed on his copyright when they allowed one of the contestants in Nigerian Idol to reproduce and perform his song before millions of viewers across Nigeria and in Africa.
ElDee and Dairo

Dairo added that as the owner of the song’s copyright, he was entitled to an annual fee of N100m.

However, this is not the first time that the celebrated rhythm and blues musician has sued a major telecommunications service provider in the country for the same offence.

Two years ago, he dragged MTN and Ultima Limited to court for using another hit song, ‘Angel of my life’ in the popular reality TV show, Project Fame West Africa, without his approval.

Although he was in the United States when the alleged offence was committed by MTN, the singer, acting through his lawyers, went on to sue for the sum of N500m.

But, in its reaction to the singer’s claims at the time, Ultima said it had always made the statutory payments due and required for the use of musical works for both local and international artistes featured on the talent hunt show.

The company then directed Dairo to clear with the Copyright Society of Nigeria for the payment of royalties due him.

For a long time, copyright infringement has been one of the biggest challenges facing performing artistes and other stakeholders in the Nigerian music industry. A lot of time, efforts and resources have been invested in what looks like an endless campaign to ensure that the intellectual properties of artistes are protected from pirates and other copyright violators.

In the same year, Afro pop singer, Abolore Akande, aka 9ice, drew attention to the persistent threat posed by copyright infringement to the development of the music industry when he tweeted a message on his Twitter handle warning bloggers and owners of websites to desist from uploading his songs on their blogs and websites without clearance from him.

In a single tweet to online copyright offenders, the singer said, “All websites and blogs should adhere strictly to this information: Do not upload my songs on your websites without my permission. Good intention, wrong execution. Please, honour this instruction.”

Earlier, in 2011, another music artiste, Lanre Dabiri, aka ElDee, had taken Tecno, a phone manufacturing company based in China, to court over alleged infringement of his intellectual property and that of some other Nigerian musicians.

ElDee reportedly accused Tecno of preloading different songs, some by Nigerian artistes, onto memory cards embedded in their phones sold without due consultation or permission from the artistes to use the songs.

In another development, 2shots dragged Nokia, the globally acclaimed manufacturer of cell phones, to a Lagos court for using three of his songs as default ring tones for its Nokia X3 series without his consent or approval. He sued for damages to the tune of N5bn.

Also, in 2012, the managing director and chief executive officer of Stingomania, Ope Banwo, demanded N1bn from Virgin Atlantic Airlines as payment for the infringement of his company’s rights over its movie titled, ‘Ghetto Dreams’.

Banwo had claimed that the movie, which was produced to celebrate the life and times of late rap sensation, Olaitan Olaonipekun, aka Dagrin, was played on over 71 international routes of the airline.

He alleged that the airline played the video content and soundtracks in its offices, uploaded a trailer and exhibited a poster of the movie on two of its websites, in addition to publishing it in its inflight magazines circulated across all routes and travel agencies.

The Stingomania boss succeeded in obtaining a court order restraining the Virgin Atlantic Airways Ltd from further infringing on the company’s copyright in any audio, performance, soundtrack, cinematograph rights and audio-visual musical recordings.

E-PUNCH could not, however, get the reaction of the Public Relations Manager of Etisalat, Chineze Amanfo, as at the time of going to press.
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