MCSN Slams N5.2Bn Suit against Multichoice

A Lagos State Federal High Court will on November 1 begin hearing in the Musical Copyright Society Nigeria (MCSN) N5.2 billion suit against Multichoice Nigeria Limited, operators of DSTV for the alleged illegal use of the society works from 2006 till date.

The commencement of trial followed the recent dismissal of the preliminary objection filed by the media Company against the counter claim by the MCSN.

In the spirit of the relevant provisions of the Copyright Act as amended, particularly under Section 9 and 10 of the Copyright Act, MCSN has acquired proprietary interests in major audio-visual works through copyright representation contracts entered into between MCSN and associations of producers and directors of audio-visual works namely, the Directors' Guild of Nigeria (DGN), Association of Movie Producers Nigeria (AMP) and Actors' Guild of Nigeria (AGN).

Thus MCSN controls those very important copyrights in audio-visual works produced and available in Nigeria.

It would be recalled that Multichoice had in  2011, filed a writ of summons in Suit No. FHC/L/CS/1091/11 against MCSN, praying the court to grant a perpetual injunction stopping MCSN from asking or demanding from Multichoice to obtain copyright license for the broadcast and communication to the public of musical works on the radio and television channels operated and distributed by the media company within Nigeria ‘because MCSN was not licensed or approved by the Nigerian Copyright Commission as a collecting society’.

MCSN then filed a counterclaim of N5.2 billion for the infringement of its copyright by Multichoice Nigeria from 2006 till date.

The copyright society argues that Section 52 and Section 3 of the Fifth Schedule of the Copyright Act 2004 duly recognizes and save the rights of MCSN which it has acquired under several contracts.