COSON slams Nmulti-billion copyright suit against Transcorp Hilton Abuja | Welcome to Linda Ikeji's Blog

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Wednesday 22 August 2012

COSON slams Nmulti-billion copyright suit against Transcorp Hilton Abuja

One of Nigeria’s biggest hotels, Transcorp Hilton Abuja, has been dragged to court by Copyright Society of Nigeria (COSON), the nation’s sole government approved Collective Management Organization for musical works and sound recordings.  In the copyright infringement action filed by the Abuja based law firm of Ifeanyi Opara & Co, COSON is also suing the American company, Hilton International Manage LLC, which manages hundreds of hotels in several countries across the globe.
 
In Suit No FHC/ABJ/C5/503/2012 supported by a 34 paragraph Statement of Claim and over 40 exhibits, filed at the Federal High Court Abuja on August 13, 2012, COSON pleaded that the 2nd Defendant (Hilton) which manages hotels in many countries around the world knows and ought to know that it is blatantly unlawful to infringe the intellectual property rights of creative people anywhere in the world but the 2nd Defendant has done nothing to end the brazen abuse of the intellectual property rights of owners of copyright in musical works and sound recordings in the huge facility managed by it in Nigeria and has rather continued to enjoy the profit emanating from such abuse.
 
COSON went on to plead that the behaviour of the Defendants in the suit which is unacceptable practice in any of the many countries around the world where Hilton manages hotels has led to massive loss of jobs to the nation, significant loss of revenue to the country and heavy capital flight from Nigeria as most of the world’s best known international music companies such as EMI, Sony Music, Polygram, etc have divested from Nigeria and the domestic investors are leaving the industry in droves because of the intolerable amount of copyright infringement encouraged by the likes of the Defendants.
 
COSON in the suit has asked the court for the award of more than three billion naira against the Defendants in unpaid royalties, interest on the unpaid royalties, general, exemplary and aggravated damages for the unauthorized copying, communication to the public, permission to perform and infringement of the copyright in the musical works and sound recordings belonging to its members, affiliates and assignors. The Collective Management Organization has also asked the court for a perpetual injunction restraining the Defendants, their agents, privies or servants from the unauthorized copying, communication to the public, permission to perform and infringement of the copyright in the musical works and sound recordings belonging to its members, affiliates and assignors.
 
Reacting to the development, COSON Chairman, Chief Tony Okoroji, said, ‘It is certainly a new day for the creative industry in Nigeria. Those who have followed this process will vouch that we have been very patient with the hotel industry in Nigeria. We have not been rash. We have pleaded with them, appealed and sought compromise on every front. Unfortunately, their leaders believe that they are too smart and have treated us with contempt and disdain and have played a game of chicken with us. They have behaved as if Nigeria is a nation without laws and all music found in Nigeria is theirs to profit from as they wish. Let it be clear that we are not backing down. Push has come to shove and the hotel industry is directly responsible for whatever tools we have now deployed from our tool box. Other tools are there and will come into play if they become necessary’
 
Chief Okoroji, author of the book, Copyright & the New Millionaires and one of the best known campaigners for intellectual property rights in Africa, went on to say, ‘I have said elsewhere that COSON is committed to the defence of the rights of the music industry in Nigeria no matter where it leads. If anybody pulls at us, we will pull back. If anyone pushes us, we will push back. We have opened our doors wide and still continue to keep them open to all who are willing to discuss with us and legally deploy music in their businesses. Those who respect us will receive respect from us. Those who treat the music industry with contempt will hear from us’.
 
Also commenting on the development, COSON General Manager, Mr. Chinedu Chukwuji, said, ‘I wish to repeat that we are monitoring everybody and I cannot say who will be next. Let me also repeat my advice to my friends who use music in their businesses that it is far cheaper to clear the copyright ahead of time than to face the massive litigation that intellectual property infringement attracts. I don’t think it makes sense to have to pay the huge legal costs and still have to pay the licensing fees and damages when you well know that the work you are deploying does not belong to you but people will not listen. Let me be clear, COSON is not joking’
 
It will be recalled that in the last two months, COSON has filed several multi-billion naira copyright infringement actions and has signed copyright royalty agreements with different commercial users of music such as Google, Multichoice, Wazobia FM, STV/Rhythm FM, FRCN, LTV, Galaxy TV, etc.
 
FOR COSON:
MAYREE UKET
Head Communications.

73 comments:

Anonymous said...

Please,does anybody understand what this people have written.. As in,can some summarize?

JP said...

I swear! Don't even understand shits here!

Anonymous said...

feelin lyk badt guyz,all mouth nd no substance

happyhausabunny said...

Lol! Me too!

Anonymous said...

Lol!exactly.i'm not alone.

Anonymous said...

As in...... I jst tire.

Anonymous said...

Dazzling said.....

COSON has come into town, we are all so scared. pls what is de offence again. SON, LASSAA, NAFDAC and Every other dead agency in Abuja oya start your work ooo. start targetting and suing international firms ooo u will earn in dollars and pounds. LMVFAO (laff my very fat ass off. again like i missed the offence part.

dimmaonuorah said...

humm...ofozienu m igu ogonogo akiko a....meaningless long story

dimmaonuorah said...

humm...ofozienu m igu ogonogo akiko a....meaningless long story

Anonymous said...

Pls ooo, in a nutshell, wot re dey suing transcorp for? All dese ones na long 'turenchi' (grammar)... Jules

Unknown said...

Its makes no sense to me too

Ziba! said...

"...COSON pleaded that the 2nd Defendant (Hilton) which manages hotels in many countries around the world knows and ought to know that it is blatantly unlawful to infringe the intellectual property rights of creative people anywhere in the world but the 2nd Defendant has done nothing to end the brazen abuse of the intellectual property rights of owners of copyright in musical works and sound recordings in the huge facility managed by it in Nigeria and has rather continued to enjoy the profit emanating from such abuse".

Please o, what exactly is the infringement nah? Someone should sue this COSON for suing senselessly. Hian!!!

Anonymous said...

Una Wan make i go study LAW as
A second Degree wit dis write up..
Person wey understand make him interpret oo #okwu adiro Ya#

Anonymous said...

i dont get.......wats dis abt

Unknown said...

Buahahahahaha I swear down

Anonymous said...

Am sure Linda herself does not understand.

Anonymous said...

Summarize pls.yawwnnnn.

kleokommy said...

I didnt /cldnt even read to d end...too much grammar....whatever sha

Anonymous said...

Lol@anon1:57 and2:16.i feel u guys.i understand the English, but the legal matter I don't get, where r our lawyers libs, pls help nd summarize.

Anonymous said...

Did my father waste his money sending me to school? This looks like english but I can't even understand one sentence :-(

Anonymous said...

Chaii.. Too long!

Anonymous said...

Summary please...

Anonymous said...

Me 5, I thought I was the only one tht didnt get the msg. Jeez, these lawyer should get straight to the point

Anonymous said...

Could they not give some concrete examples? Anyway, expect Nigerian hotel prices to go even higher!

Anonymous said...

Me sef

ifeoma said...

To u ignorant souls,in essence what deir saying is if ur gonna use my work,den write me a cheque.its amazing ow many people don't get financial reward for their creative talent simply because their rights have been infringed upon.this is a good development and I wish dem success...

Anonymous said...

Same here.

Anonymous said...

dem go still chop the money go ground if hilton pays. greedy people

Anonymous said...

Long and short of this story is that the hotel dey use music free of charge for Naija. This is not done elsewhere in the world. Copyright na person property its not good to steal it.

Anonymous said...

This is good news, it is high time our creative industry is compensated and not abused. Music and other arts are professions like law, medicine and the likes, so if you pay a doctor for his services, why not the musicians?
Chief Okoroji una do well for us joor, investing in a music video is alot of money and we need to recoup our money. Please sue all of them until they pay and they must pay. Can they try this in other countries? so why in 9ja?

Anonymous said...

And who gets the money they collect (assuming they do collect anything)?
Even here in the US, the distribution of royalties collected has been an issue. Unclaimed money should be used in a way that benefits the Arts in Nigeria but we all know that the money collected na for the chopping.

Anonymous said...

that's why a great percentage of LIB readers are ignorant airheads. Kindly find someone with a bit more grey matter to help decipher the relatively straightforward article! #dumbasses

Anonymous said...

Abeg who is guilty,so we can start a word war to finish am.i scrolled and saw okor sömething.na him? @logosfromDac

Anonymous said...

I happen to be a music artiste, and i am really excited at this news. transcorp, make una dey pay for our music now? na hard thing? with all the millions you make you keep abusing our rights. its not fair o!
thumbs up COSON.

a hopeful Nigerian

Muse said...

For real, is this happening in 9ja?
Then we have hope o. I wish COSON the best of luck and i hope they win this case. It is high time our creative people are encouraged.

Anonymous said...

Please I need a bit of education here. If I go to market and buy music CD, will I need to pay money to CONSON any time I play it? I will rather think that I will be liable to copy right violation if I do not buy the CD from an authorized seller. In addition, If I invite an up coming artist to play for me during an event(may be my wedding), do I need to pay money to COSON for copyright?

Anonymous said...

is it that some LIB readers dont understand what copyright means?
Now i wish i was a musician...#billionnairatinz

Anonymous said...

If them go use music without pay, artistes should start sleeping in their hotel without paying. If they no like am them make we leave their rooms empty, make we see who go loose.

Anonymous said...

na only bb porsche una sabi...the people say, if you use my music pay for am.

Anonymous said...

Hian! Which one is ignorant soul here biko? Can't you explain without yaping someone..warn ya sef o!

Bia,whose work did they use now wey dem warn sue them for,cus e be like say na only you understand this people.. Abeg,biko answer..*blue eyelashes*

Anonymous said...

Oooooook! Dem for just write am like that nah..Which one come be all the english wey dem come write.. Na wa o

Anonymous said...

Gerrout! Must you show yourself? Mumu!

Anonymous said...

coson, coson, coson, how many times i call una? dont forget me in this paradise o. i dey find work o.
chei see groove

Bunmi said...

The people saying they understand,.... which copyright exactly did they infringe biko.....?

Anonymous said...

Guys, in simple english, what these guys have sued Hilton Hotel for, is for using music whether in their lounges, bars, restaurants, pool sides, rooms, and so on for free without compensating the artistes or their labels. under the copyright law, these places are regarded as public or commercial space. Therefore, if you are using the music within the confines of your home, you dont pay them. It is a good development that at last this happening in our obodo nigeria. the truth is that hilton hotel cannot try this kind thing for other countries, why naija naw?

Anonymous said...

These pple just want to by all means possible, discourage all foreign investors in this country. Smh.... Linda my luv ;-) how r u?

Unknown said...

**hisses** i came here for fun jare.... Which kain post be dis?

Anonymous said...

this is some serious s**t. transcorp you guys don't need this mess.

Anonymous said...

As a lawyer and a regular lib reader, i will make an attempt to clear the air.... What coson is doing is within the ambit of the law. to answer one of the questions here, as a collective management organization, coson is licensed by the Nigerian government to collect royalties on behalf of artistes from organizations like transcorp abuja that PUBLICLY broadcast music. if such organizations refuse to pay royalties to coson, then they are going against the Nigerian laws... the music cds we buy are for our personal use but once music is used PUBLICLY without being paid for, it is a different ball game all together. That is the law.
this doesn't apply to just music but even to our home videos that are being broadcast daily on different tv stations.


DLaw

Femillionaire said...

Na wa o.. So, na the likes of Tony Okoroji wey im music don die tay tay dey come dey make mouth. If royalties should be collected, how dem wan take share am? Tony Okoroji and a host of local musicians wey dey sing rubbish go come follow dey share?

Anonymous said...

Am a lawyer trust me they don't have a case.

Anonymous said...

ok, ok, as lin, lin no be lawyer... visit this blog and read their analysis.

http://africamusiclaw.com/2012/08/breaking-nigerias-copyright-society-sues-americas-hilton-hotel-for-3billion-naira-over-copyright-infringement.html

brandigest said...

Please Rephrase or summarize

Classified News said...

It is not rocket science to understand that a Terry G will pay to lodge in Transcorp Hilton. So why can Transcorp pay for using his song to entertain and attracts more customers? It is just as simple as that. You dont need to be a genius to understand that...

Anonymous said...

Oyibo!

Anonymous said...

Is this a real law suit or a 419 law suit? I am an attorney. I cannot see what the case is about.

Losky said...

What is not very clear is the way the hotel has specifically infringed on the copyright law here. Is it by virtue of the soft music that is played in the hotel lobby and lounges or the performance of copyrighted works of artists by hotel bands. That is what is not really clear to anyone from this article.

and for all you smart Alexes dont try to be cheeky. I didnt get the essence of the message beyond the copyright suit which was stated clearly in the title. Really didnt get any additional info from reading the gibberish in the details.

Mtsscccheeewwww!!! Some people sef

Anonymous said...

Pls, break it down, wot is it all abt? Dint finish reading d gist sef, so boring with to much grammer *rme*
Abeg, wot is it sayin?
Somtin abt 3billion? R dey sharing d money? Lemme kno o so I'll com n collect ma share (˘̯˘ )

Naby.....!!!!!!

Anonymous said...

Classic comment

Anonymous said...

Erm excuse me but what work are they talking about?

Anonymous said...

Apparently, when you buy a cd it clearly states not for commercial use. So if u play dat cd in a bar, hotel lobby or pool side, that is copy right infringement sine you are indirectly generating revenue from such property without paying royalty as if it is part of your hotels property. Hope some people get the gist now.

Anonymous said...

Am glad am not alone, lin lin, pls next time read and summarize for us to understand.

Dr. Pinch said...

Thank God I was thinking I didn't go to school again. Pls I do not understand this abeg. Make una break am down for me. COSON or whatever they call themselves want 3 billion naira, is too small o make them make am 3 trillion LOL

Dr. Pinch said...

LMAO @ suing COSON for suing senselessly

Anonymous said...

Wait o, so where will these billions go? Okoroji, coson whatever or the artistes? Abeg hilton make una begin play oyibo songs nobody will ask una shikena! No one says if you don't play Nigerian songs they won't patronise you. Nigerians like to show themselves and them corrupt pass all the corrupt countries put together mscheeeeew. Abuse all you want I don't care.

Ziba! said...

@ Ifeaoma and the other smart Alexes, please try to to see what we do not see before you yap. What is unclear are the SPECIFICS! In other words, in what way(s) has the hotel specifically infringed on the copyright law? That is what is not really clear to anyone from this article.

The only message that has come through to many people is that COSON is sha suing Hilton! Shikena. Why? Well, that's what's not clear. I'm waiting foryour smart response. Maybe you know! Mtsscccheeewwww!!!

Anonymous said...

I was wondering same...

Anonymous said...

Didnt hilton buy d cds nd even if downloaded 4rm d net, isnt it paid 4 one way or d oda. I dont imagine dat dey play dese music 4rm ppl's fones...2ndly how many artists actually protect their works? 3rdly i knw copyright laws usually has a clause abt unauthorizd use in public/commercial forms meaning this shld affect gardens and supermarkets? Wot if i play it 4rm fm in my hotel or biznes centre am i violatin any law?...

Anonymous said...

What COSON meant is that HILTON have several Bars and a Club house where they play Naija songs without License. Its an offence globally to play anyone's song witout apropriate permission and in Naija COSON is the authorize agency that collects such money(royalties) onbehalf of song owners each time a company uses their song.

Anonymous said...

Thank you. You have explained it in plain and simple English.

Anonymous said...

Let me guess Transcorp Hilton Abuja,will run to MCSN for solution LOl

Chukwuyere said...

Long and short is that it is illegal to broadcast music by loud speaker without authorisation from the owner of the music, which obviously Transcorp Hilton has being doing. COSON is licensed by the Nigeria Government to protect the intellectual property rights of musicians hence the law suit. Well done Anon...August 22 2012 3.29pm and DLAW.

I see dumb people every where...

Anonymous said...

*confused here*

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