The Court of Appeal, Lagos division, has upheld the right of Musical Copyright Society of Nigeria (MCSN) to sue for the infringement of her works. The decision read by Justice Shagbaor Ikyegh, was supported by Justices Amina Augie and Jamilu Yammama Tukur.
According to the appellate court’s decision, MCSN as owner, assignee and exclusive licensee of the copyright, had the statutory standing to sue vide the elaborate decision of the court copied from the case of Musical Copyright Society (Nig) Ltd v. Adeokin Records.
The court in the judgment delivered in June, a copy of which was obtained by Weekend Beat, also ordered the remission of the suit to the chief judge of the Federal High Court for determination by another judge. MCSN had sued Details Nigeria Limited demanding the sum of N100 million as damages over alleged infringement of their musical copyright by the respondent.
However, after obtaining Anto Pillar Orders against it, Details Nigeria Limited (respondent) filed a notice of preliminary objection challenging the legal right of the appellant to institute the action on the ground that MCSN lacked the locus standi to bring the action, because it was not approved as a collecting society by the Nigerian Copyright Commission (NCC).