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Baba 2010 Demands N500m From Telecoms Firm Over Infringement Of Rights

By Florence Utor
16 October 2015   |   9:29 pm
Omenuwoma Okson Dovie, also known as Baba 2010, an Abuja-based musician and entertainer, has served on MTN Nigeria Communications Limited a letter of notice of violation of copyright to four of his original musical compositions and recordings, including ......
Baba 2010

Baba 2010

Omenuwoma Okson Dovie, also known as Baba 2010, an Abuja-based musician and entertainer, has served on MTN Nigeria Communications Limited a letter of notice of violation of copyright to four of his original musical compositions and recordings, including infringement of his moral rights in one of the compositions, and demanded the payment of N500,000,000 (Five hundred million naira) compensation.

The letter was issued on behalf of Baba 2010 by the law firm of Felix, Igelige & Associates which specialises in entertainment law and artist management. The letter was addressed to MTN’s Chief Executive Officer, Mr. Michael Ikpoki, including the particulars of the alleged violation of Baba 2010’s copyright and the demand.

A statement from his attorneys, Felix, Igelige & Associates and signed by human rights activist and poet, Dr. Ogaga Ifowodo said, “For about three years or more, MTN has been selling four songs, to wit ‘Gentleman,’ ‘Omotena,’ ‘Twisted,’ and ‘Unity Song.’ all original compositions of Baba 2010 contained in his Compact Disc album Twisted, released in 2005, in the form of caller tunes and, or, ringtones to its subscribers.

The songs are respectively coded 001087 (“Gentleman”), 001088 (“Omotena”), 001089 (“Twisted”), and 001090 (“Unity Song”), stored electronically, reproduced and offered to MTN’s subscribers upon the payment of N50 each for one month, subject to another N50 monthly renewal charge. The musical works can also be downloaded on the specified terms, onto a subscriber’s mobile phone by sending the relevant code to the number 4100 designated for the purpose by MTN.

The permission of copyright owner Baba 2010 was never sought nor obtained by MTN. As copyright owner of the musical works, Baba 2010 has a number of exclusive rights defined by the Copyright Act, Cap 28, Laws of the Federation of Nigeria, 2004. These include the right to reproduce the works, and to publish and communicate same to the public (including by way of sale and broadcast, both conventionally and online or via the Internet). It is an infringement of copyright to do any of these and other protected acts in relation to the whole or a substantial part of a copyright work, without prior permission or licence.

By not obtaining copyright owner Baba 2010’s prior permission or licence before engaging repeatedly in the aforementioned acts of appropriating and selling the works, MTN’s conduct constitutes a flagrant and deliberate infringement of copyright. It also amounts to stealing and willful deprivation with the intent to unjustly enrich itself by denying copyright owner Baba 2010 the legitimate fruits of his labour, thereby inflicting hardship on him.

Consequently, copyright owner Baba 2010 has demanded that MTN rectify this infringement by taking the following steps that MTN cease and desist forthwith from further infringing on his copyright to the aforementioned musical works, that MTN pay to him the sum of N500,000,000 (Five hundred million naira) for the unauthorised commercial and also derogatory use of his musical work, that MTN enter into an agreement/contract with him for future use of his copyrighted musical works, and that MTN take immediate steps to restore the proper title of the work originally named “Buy Africa” (code 001090) but which MTN misnamed and is selling to its subscribers as “Unity Song,” thereby derogating from the original work of that title.

However, MTN had since responded to Baba 2010’s legal team. In a letter dated August 25, 2015, MTN’s Commercial Legal Advisors, Obiageli Maduka and Olasubomi Osoba, acknowledged Felix, Igelige & Associates’ letter dated August 6, 2015 and titled RE: ALLEGED INFRINGEMENT OF RIGHT OF DOVIE OMENUWOMA. The statement read in part, “We have noted the claims in your letter and are currently conducting further investigations into the matter. In view of the above we request that you delay further action in this matter in order to enable us revert to you on our findings. We undertake to respond to you as soon as possible”.

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