Copyright infringement: National anthem composer’s estate sues company

Copyright infringement: National anthem composer’s estate sues company.

The estate of the composer of the National anthem, the Late Pa Benedict Elide Odiase, has sued  a telecommunications company for the sum of N1.5 billion for the use of the National Anthem titled “Arise O’ Compatriots”  as ring and call back tones without authorization or licence.    

In the writ (suit number witheld) which was issued by D. A. Awosika & Partners LLP and filed before the Federal High Court,Lagos,  the estate represented by Mr.  Benedict  Obasuyi  Odiase and Ms  Benedicta  Izegboye Odiase, the telecommunication company is  accused  of various re-orchestration, adaptation, recording and deploying the  musical work, composed, authored and performed by the Late Odiase, MON, as telephone ringtone and caller tones  to millions of its subscribers through out  Nigeria without the plaintiff’s authorisation.

The estate further accused the company that it has  infringed, and continues to infringe, the plaintiffs’ copyright in the  musical works by Odiase, whose copyright now devolves on the plaintiffs and no authorisation of the plaintiffs was given for such exploitation.

The  plaintiffs averred that they never gave authorisation to  any person, or assigned the ownership of the copyright in the musical  composition of the work “Arise O Compatriot” to the defendant, any organisation or person to act on their  behalf.

The plaintiffs also accused the telecommunication company of not only infringing, but has flagrantly continued to infringe on the plaintiffs’ copyright in the aforementioned work by using same  without the plaintiffs’ permission or consent in the advertisement and promotion of the defendant’s products,  thereby boosting the telecommunication’s  business profile and profit.

Based on court processes filed, the plaintiffs want, among other  reliefs, a declaration of the court that the unauthorised adaptation,  synchronisation and deployment of the musical work entitled “Arise O’  Compatriot” as telephone ringtones on the defendant’s network,  platforms or premises, without the permission of the plaintiffs as infringement of  the proprietary interests of the plaintiffs and an award of N1.5 billion as damages and costs.

Meanwhile, the telecommunication’s company has written to the plaintiffs’ lawyers claiming that the infringement was committed by its content providers and  therefore it should not be held liable for the infringement of copyright in the work on its platform or network.

Hearing date in the case is yet to be fixed.

• Tade Makinde