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Film Producer Drags Multichoice to Court over Unlawful Airing of Yoruba Movie

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Mr. Lateef Onida, a film Producer, and his company LAT -Larry Film Company whose film ‘Aroni Rogun Matidi’ was allegedly infringed by Multichoice Nigeria Limited has slammed N25 million suit on the Digital Satellites Television, DSTV.

In a statement of claim filed before a Federal High Court in Lagos, Southwest Nigeria by a Lagos lawyer, Olu Ogunmola, on behalf of the plaintiffs, it was alleged that, sometimes in 2011, the plaintiff engaged and signed a contract with a film marketing company to market his film titled “Aroni Rogun Matidi,’ which was registered with the Nigeria Copyright Commission and also submitted it to National Film and Video Censors Board and got their approvals.

The marketer was given the right of releasing the film only at the Idumota market in Lagos, and it was further agreed that the agreement shall not cover the right to exhibit the film at Cinemas, Television, Cable Network, or the selling of the film ‘s Porter by the marketer unless as may be agreed by the producer.

However, it was alleged that, Multichoice Nigeria Limited’s DSTV having had unlawful, illegal and unauthorized access to the Plaintiffs’ film aired the said film on the 27th day of July 2012 at about 5pm vide their Network Digital Statellite Television in a Caption Yoruba African Magic and the airing continued through the 30th July, 2012 in flagrant breach of the Plaintiff ‘s Copyright of the film Aroni Rogun Matidi.

The Plaintiffs averred that on becoming aware of this flagrant breach of the Plaintiff ‘s Copyright of the film, instructed their lawyers to demand for a discontinuance of airing of the film, and also demanded for compensation and damages for the breach complained of, but the defendant ignored the two letters written to them, consequently, the Plaintiffs were compelled to write a petition to the Yoruba Video Film Producers/Marketers Association of Nigeria.

While the Plaintiffs were awaiting a response or reply to the petition, Multichoice who had earlier stopped the airing of the film after letters written to them informing it of the breach recommenced the unlawful and unauthorized airing of the film by cleverly changing the film’s caption to something else, while the entire features and theme remained the same.

The Plaintiff’s counsel wrote another protest letter to the defendant, consequent upon this letter the defendant’s lawyer for the first time in their reply requested for necessary proofs, including video coverage evidencing the infringement and this were furnished to the defendant, but the defendant still denied airing the film despite clear proof sent to the defendant and went ahead to send to the plaintiffs a letter of authority purportedly given to the defendant to air other films unrelated to the Plaintiff ‘s film by one Frank Dallas Communications.

The plaintiffs averred that a check at the purported 102, Ogunsanya Drive, Surulere, Lagos address of Frank Dallas Communications shows that no such company existed in the said address. Consequently the Plaintiff wrote a letter to Multichioce demanding for copyright Documents of Frank Dallas Communications on Ayeloja, Owo -Ida and Ofin and the Films Censors Board Certificate of same but the letter was not replied by Multichoice.

Consequently the Plaintiffs is now urging the court to declare that the unlawful and unauthorized airing of its film entitled ‘Aroni Rogun Matidi’ by Multichioce and serialing same by cleverly changing the caption of the film is a flagrant breach of its copyright under the copyright Act 2004.

The Plaintiffs are also urging the court to order Multichoice to pay them the sum of N25 million as exemplary and General damages for the financial trauma, financial hardship, financial embarrassment, loss of income inflicted on them by Multichoice.

However, Multichoice in its statement of defense filed before the court by the law firm of Ogunsanya and Ogunsanya, denied almost all the claims of Mr Lateef Onida and his company and averred that it acquired some Yoruba Soap Opera series titled Ayeloja, Owo ida and Ofin which came in episode formats with 26 episodes each from their lawful owner being Frank Dallas Communications, therefore never had any unlawful, illegal and unauthorized access to the plaintiffs’ movie titled Aroni rogun Matidi and that there was never a time the defendant aired the said movies as alleged, and it is not in any position to know whether the plaintiffs checked the address of Frank Dallas communications being 102,Ogunlana Drive, Surulere to ascertain its existence or not.

The defendant prayed the court to dismiss this suit with substantial cost for being frivolous and an abuse of court process.

The presiding judge, justice Oluremi Oguntoyinbo has adjourned till 4 December, 2017 for hearing to commence.


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Copyright Commission Warns School Proprietors Against Pirated Books

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AS the Nigerian Copyright Commission (NCC) intensifies its public awareness campaign, school proprietors in the FCT have been advised to exercise due diligence by procuring books from legitimate sources to curb copyright infringement and help sanitise the book value chain.

This was disclosed by Mr. Emeka Ogbonna, the Director Operations, NCC, in his address at the General Meeting of National Association of Proprietors of Private Schools (NAPPS), FCT held at Veritas University, Abuja on 9th October, 2024.

Speaking to the participants, Mr. Ogbonna acknowledged the contributions of the proprietors to the educational development of the nation, emphasising the need for wholesome practices to protect the book ecosystem. ‘’If you must sell or distribute books, ensure you get them from the right sources”, he cautioned.

He said the warning was imperative in view of complaints from right owners and publishers about schools selling pirated books. He stated that the NCC is not opposed to schools selling books, but maintained that due diligence must be exercised by ensuring that all purchased books are properly documented with authentic receipts.

Sensitising the school proprietors further on the tenets of the new Copyright Act 2022, the Director said it is a criminal offence to sell, distribute or be in possession, other than for private or domestic use, works that are pirated. Harping on the stiffer punishments prescribed for offenders by the new Act, he said schools selling or distributing books will be treated as booksellers and subject to the same standard of care.

The NAPPS FCT President, Mrs. Ruth Agboola, commended the NCC and other government agencies in attendance and lauded the Management of Veritas University for hosting the event.

The meeting was also attended by the Vice-Chancellor, Veritas University, Abuja, Rev. Fr. (Prof) Hyacinth E. Ichoku and other officials of the University.


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TETFund Suspends Foreign Scholarships Due to Rising Costs and Abscondment

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Tertiary Education Trust Fund (TETFund) has announced the suspension of the foreign component of its TETFund Scholarship for Academic Staff (TSAS) Intervention, effective January 1, 2025.

This decision, outlined in a letter dated November 25, 2024, and signed by TETFund’s Executive Secretary, Arc. Sonny Echono, cites the escalating cost of overseas training and an increasing number of scholars absconding as reasons for the suspension. The letter was addressed to heads of beneficiary institutions, including vice chancellors, rectors, and provosts.

“In response to the current excessive cost of training in foreign institutions, coupled with the high rate of abscondment of scholars, the Board of Trustees of the Fund has approved the suspension of the foreign component of the TSAS Intervention,” the letter stated.

TETFund has directed beneficiary institutions to prioritize local training within Nigerian universities, polytechnics, and colleges of education. This shift, according to Echono, is aimed at reducing pressure on foreign exchange, enhancing local capacity, and significantly increasing the number of beneficiaries.

“It is expected that this will conserve and reduce pressure on the foreign exchange rate, boost investment and local capacity in our institutions while significantly increasing the number of beneficiaries of the intervention,” Echono wrote.

However, scholars already enrolled in foreign institutions under the TSAS programme will continue to receive sponsorship until they complete their studies, ensuring a smooth transition for ongoing commitments.


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Copyright Commission Pledges Support to Creatives on Contracts

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Dr. John O. Asein, the Director-General, Nigerian Copyright Commission (NCC), has restated the Commission’s commitment to supporting all sectors of the creative industry to reward creatives and boost the nation’s economy.

The DG NCC stated this while receiving 2024 finalists of the National IP Creative Essay Competition, organized by the World Intellectual Property Organisation (WIPO), Nigeria Office who paid a study visit to the Commission recently.

Pointing to the issue of contracts as one area that is being looked into, he emphasized that contracts should be fair and transparent with terms that are not unreasonable, enslaving or unduly onerous.

While acknowledging the long and tortuous process of statutory reform, Dr. Asein assured right owners and other stakeholders in the creative industry that the commission has commenced the process of reviewing the recently passed Copyright Act with a view to identifying areas of improvement.

In the meantime, he announced that the Commission will be putting in place administrative mechanisms to help right owners, through the provision of model contractual clauses, better negotiate and conclude contractual terms.

The Director-General also informed the visitors that the Commission has Alternative Dispute Resolution facilities to help right owners settle copyright disputes.

Congratulating the essay finalists, Dr. Asein used the opportunity to announce their induction as Copyright Ambassadors and urged them to be good representatives of the Commission and the copyright industry.

Dr. Tobi Moody, Director, WIPO Nigeria Office and leader of the delegation, informed the Commission that a total of 256 students from 68 tertiary institutions in 27 States entered for the competition, with a winner and 19 finalists emerging.

Dr. Moody disclosed that the Competition is in line with WIPO’s policy of encouraging students to research and be actively involved in Intellectual Property (IP) matters. He assured that WIPO will support the finalists with capacity building prizes and opportunities to further strengthen their engagement in the field of IP.

The theme for the 2024 essay competition is “IP and Sustainable Agriculture: Combating Food Insecurity in Nigeria”.

Mr. Ikenna Mba, a year-four law student of the University of Nigeria, Nsukka emerged the overall winner of the competition while Mr. Chinonso Izundu, a year-five law student of the University of Port Harcourt and Mr. Adekunle Olajide, a year-four law student of University of Ilorin, were first and second runners-up respectively.


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