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Copyright Legal Battle: MultiChoice Appeal Judgement
By peter oluka
MultiChoice Nigeria has appealed the Federal High Court judgment on an eight-year-old copyright infringement legal battle between the South African firm and the Musical Copyright Society of Nigeria Ltd/GTE.
Disclosing MultiChoice’s next line of action, Caroline Oghuma of the PR department said that the Firm has already filed an appeal.
Recall, the Lagos Division of the Federal High Court awarded N5.9 billion “special damages” against Multichoice Nigeria Limited in an eight-year-old copyright infringement legal battle between the South African firm and the Musical Copyright Society of Nigeria Ltd/GTE.
In his judgement, Justice Mohammed Idris struck out MultiChoice’s claims against the defendant, the Musical Copyright Society of Nigeria Ltd (MCSN)/GTE.
The judge said, “The court having delivered judgment this 19th day of January, 2018, striking out the plaintiff’s claims, it is hereby ordered as follows: That judgment is entered in favour of the defendant/counter-claimant in the following terms: N5,490,652,125 only as special damages.”
The court also awarded separate sums of N200 million and N309 million as general and aggravated damages respectively against MultiChoice in favour of the Musical Copyright Society of Nigeria Ltd./GTE.
MultiChoice had dragged the Musical Copyright Society of Nigeria to court in Suit No. FHC/L/CS/1091/11seeking a perpetual injunction restraining the group from asking or demanding them to obtain copyright licence for the broadcast and communication to the public of musical works on the radio and television channels operated and distributed by Multichoice.
According to the company, MCSN was not licensed or approved by the Nigerian Copyright Commission as a collecting society.
The suit had come after MCSN wrote to MultiChoice in 2011 demanding N4.1 billion as cumulative copyright and royalties for its body of works used by the latter during the airing of its programmes.
In its counter-claim filed before the judge, MCSN accused MultiChoice of copyright infringement on 18 songs in its repertoire, including ‘Konko Below’ and ‘Never Far Away’ by Nigerian masked musician, Bisade Ologunde (popularly known as Lagbaja).
The other songs, which the Musical Copyright Society of Nigeria Ltd/GTE accused MultiChoice of using without lawful permission included UEFA Cup thematic music and UEFA Championship League thematic music.
“The defendant to the counter-claim did each of these acts in the course of and to promote their businesses and to make profit without the authority or licence of the counter-claimant and the counterclaimant has suffered loss and damage,” the MCSN had argued in its counterclaim.
“The defendant to the counterclaim bluntly refused or neglected to voluntarily apply for and obtain the permission of the counter-claimant before deploying the musical works of the counter-claimant’s repertoire into the defendant’s broadcasting activities.
“The defendant has continued to infringe upon the works and has threatened to do so continually unless restrained by this honourable court.
“By its acts of infringement aforesaid, well knowing that it was thereby infringing the copyright of the counterclaimant, the defendant has acted in flagrant disregard of the rights of the counter-claimant. On this premise, the counter-claimant is entitled to and claim from the defendant additional damages pursuant to Section 16(4) of the Copyright Act 2004.”
But, in her response, Oghuma said, “MultiChoice Nigeria is aware that the Federal Court of Nigeria ruled in favour of MCSN in a case on 19 January, 2018.
“MultiChoice has filed an appeal as well as a stay of execution against the Federal Court’s judgement. However as the case remains Sub Judice, we are prevented from providing further details at this point.
“We remain committed to supporting the Nigerian entertainment industry through direct investment in various productions, collaboration on projects, and showcasing the works of established and emerging talent in Nigeria. As a law abiding and responsible organisation, MultiChoice Nigeria also regularly pays royalties to the Copyrights Society of Nigeria (COSON), for all Nigerian music played on our platform”.
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Nigerians to Use NIN Cards for Payments, Cash Withdrawals — NIMC
National Identity Management Commission (NIMC) has said that the new National Identification Number (NIN) card can be used by Nigerians for financial transactions including payments and cash withdrawals, in addition to being used as a means of identification.
Kayode Adegoke, head of Corporate Communications, and Peter Iwegbu, director of Card Management Services, of NIMC, disclosed this during an interview on Channels TV.
Speaking on the card’s multi-functional use, Iwegbu said it will enable users to conduct transactions such as ATM withdrawals, online payments, and money transfers, adding that its chip integrates seamlessly with Nigeria’s banking system, allowing users to withdraw money or transfer funds regardless of the bank they use.
For his part, Adegoke pointed out that to streamline the process, banks would issue the cards.
“The way the card is going to be issued this time around, quite unlike the past, is that you have to get it through your respective bank,” he noted.
Adegoke further explained that while the NIN remains the core element of identity verification in Nigeria, the linked card offers extensive utility.
“The NIN is free, and we are enlightening Nigerians that whenever they go to any of our centres, the enrollment and issuance of the NIN are entirely free.”
According to the officials, NIMC is partnering with various stakeholders, including the Central Bank of Nigeria (CBN) and the Nigerian Interbank Settlement System (NIBSS), to implement the card’s financial features.
This initiative is expected to provide value to banks while including previously underserved Nigerians in financial systems.
“We are bringing to them almost over 100 million possible customers who they can bank with,” Iwegbu stated.
In addition to its financial utility, the NIN card has been designed to enhance security and identification in remote areas.
“It also enables us to financially include some of these people who have been excluded and provide identification for those without means like an international passport,” Iwegbu added.
According to Adegoke, “You can decide the bank you want, the branch you want to pick it from, or even choose to have it delivered to your doorstep.”
Iwegbu assured Nigerians that the initiative is designed to address past challenges, including distribution and acceptance issues.
“The card will solve problems of financial and social exclusion, making life easier and smarter for Nigerians,” he added.
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Meet the Winners of 2024 Africa Tech Alliance Excellence Awards
Africa Tech Alliance (ATAEx) Awards has, again, lived up to expectations by honouring individuals, organizations, and initiatives that have made significant impact on Africa’s tech ecosystem, focusing on categories such as digital transformation, cybersecurity, ecommerce, financial inclusion, sustainability, and emerging technologies.
For the year 2024, Kashifu Inuwa Abdullahi, the director-general Nigeria’s National Information Technology Agency [NITDA] received the Digital Transformation Leadership Award. The Digital Transformation Leadership Award is a national technology impact award that recognizes individuals or organizations that have made significant contributions to advancing technology in ways that drive national development and positively impact society.
ATAEx Award screening committee for 2024 nominated Kashifu Inuwa Abdullahi for the award in recognition of his role in transforming Nigeria’s technology landscape, fostering innovation, and supporting inclusive digital progress.
Dr. Ayotunde Coker is one of the leading players in the development of the data centre industry in Africa and is the Chairperson of an influential industry group, the Africa Data Centres Association.
Before joining OADC as Chief Executive Officer, Dr Coker led Rack Centre to become a household name in Nigeria and a leading brand in Africa, with global recognition and numerous prestigious international awards.
Throughout a distinguished international career as a technology and business leader, Dr Coker has held senior positions in finance, energy, management consulting and U.K. Government.
His achievements have been recognised by numerous awards, including the Distinguished Manufacturing Alumni Award (Cranfield Institute of Technology) 2020, and in the same year, he was recognised as one of the Global Top 30 Edge Computing Leaders by Data Economy Magazine.
He holds an MSc from Cranfield Institute of Technology and a PhD (Honoris Causa) from ESCAE University.
Other awardees include;
Blockchain Advocate of the Year – JUDE OZINEGBE, founder/Convener, Cyberchain; AI Startup of the Year – NeuRaL AI; African Cybersecurity Mastery Award – DIGITAL ENCODE LTD; ATAEx Internet Exchange Point of the Year – INTERNET EXCHANGE POINT OF NIGERIA [IXPN]; PR Champion of Africa Award – NEWMARK GROUP LTD; Africa Tech Community of the Year – InnovationBed Africa; ICT Company of the Year – TECOM CONCEPTS LTD; Best Data Centre Colocation Provider of the Year – DIGITAL REALTY [Nigeria]; Outstanding ICT Solutions & Innovation Personality of the Year – HAPPINESS OBIOHA, MD/Sales Director, Tecom Concepts Limited; Mobile App Defense Excellence Award – CED TECHNOLOGIES; Most Innovative Digital Bank Award – PALMPAY, and Life Time Achievement Award in Data Centre Management – DR. AYOTUNDE COKER, CEO, OADC.
Other ATAEx 2024 awardees are; ICT Innovation Storyteller Award – CHINENYE ANUFORO, Head, ICT Desk, Sun Newspaper; Digital Reporting Excellence Award – MARTIN EKPEKE, Publisher/Editor In-Chief, ITPulse; Trailblazer in Tech Award – MONIADE ADENIYI; Global Technology Innovator Award – AYODEJI OGUNMOLA; Tech Visionary Award – OLUWAKAYODE DURODOLA; Rising Star in Tech Award – OLANIYI IBRAHEEM; Business Intelligence Mastery Award – ADEDAMOLA BOWALE; Blockchain Community of the Year – LAGOS BLOCKCHAIN WEEK; Champion of Public Tech Infrastructure Award – GALAXY BACKBONE LIMITED; Direct Selling Company of the Year – QNET.
In his congratulatory message to the award recipients, Mr. Chike Onwuegbuchi, the co-convener, said that ATAEx Awards is part of the annual Africa Tech Alliance Forum (AfriTECH), which brings together tech leaders, policymakers/regulators, industry experts, and key stakeholders to discuss the latest advancements and challenges in Africa’s digital landscape.
“Recipients are celebrated not only for their achievements but also for their vision and commitment to leveraging technology for Africa’s development”, he said.
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NIMC Introduces Paid National ID Card Amid Low Revenue
Nigerians will start paying for the new national identity card due to low revenue, according to National Identity Management Commission (NIMC).
Dr Peter Iwegbu, head of card management services at NIMC, said the payment was to ensure that it was produced for only those who needed it.
Iwegbu stated this at the two-day conference organized for journalists in Lagos.
He also added that the decision was made to avoid repeating the mistake of the past efforts to issue physical cards to Nigerians for free, which many did not collect.
“The government’s limited revenue is also a major factor in the decision to make Nigerians pay for the new ID card,” he said.
Iwegbu explained that due to the low revenue generated, the government could not fund the production of ID cards.
Mr Lanre Yusuf, director of Information Technology at NIMC, explained that the idea of a free national ID card in the past was not productive.
“To get the new national ID card, Nigerians will need to make a payment, select a pickup location, and then collect their card from the chosen location. The government has implemented programmes to make the card accessible to the less privileged Nigerians who cannot afford it but require it to access government support.”
“This initiative demonstrates the government’s commitment to inclusivity and equality,” Yusuf said.
He said that the versatile cards were scheduled to launch soon, and sample test cards had already been received.
“NIMC is working with banks across the country, which will make it possible for people to walk into any bank closest to them and request the card.”
“The new national ID card is a multipurpose card that can serve the purpose of identity verification, payments, and even government services,” he said.
The card will be enabled for all government interventions and services across various ministries, departments, and agencies. The card, powered by AfriGO, was launched in partnership with the Central Bank of Nigeria and the Nigeria Interbank Settlement System.
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