Songwriter and singer, Veno Marioghae Mbanefo, Friday, dragged the Airtel Network Limited before a federal high court in Lagos over alleged copyright infringement of her 1985 hit song, ‘Nigeria Go Survive’.
Veno, in a suit marked FHC/L/CS/1822/2022, accused the telecommunications company for illegally using the said song for advertising, promoting, and telemarketing its business, products and services to over 50 million subscribers without her consent, license or authorisation.
According to the Writ of Summons which was filed by her lawyers, Rockson Igelige and Simon Evivie of Felix, Igelige & Associates and sighted by The Trumpet, the musical artiste is demanding a cumulation of N350 million damages.
The suit reads, “Whereof the Plaintiff claim against the Defendant as follows; A DECLARATION that the Defendant’s use of the Plaintiff’s song ‘Nigeria Go Survive’ for advertising, promoting, and telemarketing the Defendant’s business, products and services to the Defendant’s subscribers or customers without naming the Plaintiff as the author or copyright owner for the Defendant’s business breached the Plaintiff’s statutory right under section 12 of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.
“A DECLARATION that the Defendant’s use of the Plaintiff’s song ‘Nigeria Go Survive’ for advertising, promoting, and telemarketing the Defendant’s business, products and services to the Defendant’s subscribers or customers without the consent, licence and/or authorisation of the Plaintiff first sought and obtained constitute an infringement of the Plaintiff’s copyright.
Read Also: Edo govt to lift ban on gold mining in Dagbala Community
“AN ORDER of this Honourable Court awarding against the Defendant and in favour of Plaintiff the sum of N200,000,000 (Two Hundred Million Naira) as general damages. N50,000,000 (Fifty Million Naira) as damages for violation of the Plaintiff’s statutory right under section 12 of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.
“An ORDER of this Honourable Court awarding against the Defendant and in favour of Plaintiff the sum of N100,000,000 (One Hundred Million Naira) as aggravated damages for the unlawful and flagrant infringement of Plaintiff’s copyright.
“IN THE ALTERNATIVE to only the relief sought in 64(d) hereof: AN ORDER of this Honourable Court directing the Defendant to render account of the profits made by the Defendant by reason of its infringement of copyright; to pay monies of such account to the Plaintiff; and to do both under the supervision of the Nigeria Communication Commission.
“AN ORDER of perpetual injunction by this Honourable Court restraining the Defendant, its agents, servants, privies, successors-in-title or assignees from further broadcasting, publishing, transmitting, or using the Plaintiff’s song ‘Nigeria Go Survive’ for advertising, telemarketing and promotional purposes or in any other way using the song or any copyright song of the Plaintiff as a ring tone or caller tune without the consent, license and/or authorisation of the Plaintiff first sought and obtained.
“AN ORDER of this Honourable Court directing the Defendant, its agents, servants, privies, successors-in-title and assignees to remove the song ‘Nigeria Go Survive,’ copyright to which belongs to Plaintiff, from its list of songs for advertising, business, telemarketing, and promotional purposes.”
As of the time of filing this report, the court is yet to fix a date for the hearing of the matter.
Follow The Trumpet on all our social media platforms for more updates:
