The Musical Copyright Society Nigeria (MCSN) was dealt another blow at the Federal High Court in Lagos recently when it lost its case against the Copyright Society of Nigeria (COSON) and Hotel & Personal Services Employers Association of Nigeria (HOPESEA).
Justice I.N. Buba of the Federal High Court, Lagos, in a judgment, dismissed MCSN’s suit filed on December 7, 2010 seeking an injunction to restrain HOPESEA from entering into any form of agreement with COSON related to or connected to the payment or collection of royalties with respect to the use of musical works or related audio visual works.
MCSN had also asked the court to restrain COSON from receiving any payment whatsoever from HOPESEA or any of its members for the use of musical works and related audio visual works in Nigeria.
Justice Buba ruled that, ‘It is indeed true that as at 7th December 2010, when the instant Originating Summons was filed, there was no case pending before CMC Olatoregun Ishola J. as the cases were struck out by the court on the 26th day of October 2010.’
Going further, Justice Buba said, ‘I believe that the objections are on good ground. Where a case is filed without an iota of believe again, it amounts to an abuse. Where the court finds out that its processes are abused, same should be dismissed without any formality.’
COSON was approved to be the sole collector of royalties on behalf of artistes in the country. The MCSN has been in a long battle with Tony Okoroji-led COSON over who collects royalties on behalf of artistes in Nigeria.
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