Musical Copyright Society Gets Court Leave For Landmark Suit

THE Musical Copyright Society Nigeria (MCSN), through its attorney, Dr. Ope Banwo, has secured leave of a Federal High Court, Lagos, to initiate a class suit against the Copyright Society of Nigeria (COSON) and six others over alleged copyright infringement.

Justice Mohammed Idris granted the plaintiff the permission to start what could be a landmark case that might take the copyright struggle in Nigeria to a new level, after hearing the argument of MCSN’s counsel, Mr. Yemi Salman of Banwo & Igbokwe Law Chambers, on Tuesday.

The court in granting the permission approved seven representative defendants in the suit namely: COSON; Intercontinental Distillers Limited; Wema Bank Plc; PZ Cussons, Vmobile (Airtel); Motorola Nigeria Limited; and Glaxonsmithkline Consumer Nigeria Plc to defend the class action lawsuit on behalf of all copyright users in the country.

The implication is that as with all class actions, decisions given in the case will be binding on all users of copyright works regardless of whether they were before the court or not.

MCSN has in a suit, marked: FHC/L/CS/1267/12, sought the order of the court certifying the plaintiff’s claims as a class action, particularly as presented against the defendants in the suit appointing the 2nd to the 7th defendants as acting for themselves and representing other right users in the class in respect of the plaintiff’s copyright in the works in its repertoire exploited by the defendants and other right users without the consent, permission and authorisation of the plaintiff.

It also sought an order of the court pursuant to the appointment of the 2nd -7th defendants as representing the right users in the class in respect of the exploitation of the copyright works in the plaintiff’s repertoire restraining any unnamed person falling with the class of the defendants against whom this action has been brought in a representative capacity from opting out from defending this action except with the leave of the honourable court.

MCSN further sought for an order of the court granting it leave to advertise the notice and order certifying the class action against the defendants in a national daily newspaper.

Justice Idris, in his ruling, granted all the orders sought by MCSN against the seven defendants and all other users of copyright works in MCSN’s repertoire in Nigeria and adjourned hearing of the motion on notice for interlocutory injunction pending the final determination of the suit to December 10, 2012.