Ladipo Sanusi/
Multichoice Nigeria Limited is facing a N25 million copyright infringement suit.
A film Producer Mr. Lateef Onida and his company Lat-Larry Film Company claimed Multichoice and its affiliate DSTV had infringed on their rights to a film titled ‘Aroni Arogun Matidi’.
In a statement of claim filed by their lawyer Mr. Olu Vincent Ogunmola before a Federal High Court Lagos, the plaintiffs alleged that sometimes in 2011 they signed a contract with a film marketing company to market the said film.
The film was subsequently registered with the Nigeria Copyright Commission and also submitted to National Film and Video Censors Board for approval.
The marketer thereafter was given the right to release the film only at Idumota market in Lagos.
It was further agreed that the rights given the marketer shall not cover exhibiting the film at cinemas, television, cable network or sale of the film unless as may be agreed by the producer.
The plaintiffs however alleged that Multichoice Nigeria Limited and DSTV acquired unlawful, illegal and unauthorized access to the film and subsequently aired it on the July 27, 2012 about 5pm vide their Digital Statellite Television captioned ‘Yoruba African Magic’.
They further alleged that the airing of the film continued till July 30, 2012 in flagrant breach of the plaintiffs copyright ownership.
The plaintiffs also averred that on becoming aware of the breach of their copyright to the film, they instructed their lawyer to demand for a discontinuance of the film’s airing and for compensation and damages for the breach but the defendants ignored the two letters written to them.
The plaintiffs said they were consequently compelled to write a petition to the Yoruba Video Film Producers/Marketers Association of Nigeria on the issue.
But while they were awaiting a reply to the petition, Multichoice which had earlier stopped the airing of the film, recommenced the unlawful and unauthorized airing of same by cleverly changing the caption while the “entire features and theme remained the same”, the plaintiffs further claimed.
According to the plaintiffs, further attempts to get the defendants to discontinue airing the film failed, leaving them with no other choice but to approach the court for redress.
The plaintiffs therefore urged the court to declare that the unlawful and unauthorized airing of its film entitled ‘Aroni Around Matidi’ by Multichioce and serializing of same by cleverly changing the caption is a flagrant breach of its copyright ownership under the copyright Act 2004.
The plaintiffs also urged 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 and loss of income inflicted on them by its actions.
However, Multichoice in its statement of defence filed before the court by the law firm of Ogunsanya and Ogunsanyandenied the plaintiffs’ claims 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.
The company said it never had any unlawful, illegal and unauthorized access to the plaintiffs’ movie titled ‘Aroni Arogun Matidi’ and that there was never a time the defendant aired the said movies as alleged.
It also argued it was not in any position to know whether the plaintiffs checked the address of Frank Dallas Communications being 102, Ogunlana Drive, Surulere, Lagos to ascertain its existence or not.
The defendant then 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, adjourned till December 4, 2017 for hearing to commence.
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