Emmanuel Thomas, Lagos
July 22, 2015 – Copyright Society of Nigeria (COSON) has slammed Lagos Oriental Hotel, Victoria Island with a historic N500 million copyright infringement suit. Joined in the suit is General Manager of the hotel, Mr. Philip Speilhage.
In suit no. FHC/L/CS/1091/15 filed at the Federal High Court, Lagos, COSON is asking for the award of more than N5 million in unpaid royalties and damages for unauthorized copying, communication to the public, permission to perform in public and infringement of the copyright in the musical works and sound recordings belonging to COSON members, affiliates and assignors.
In the writ endorsed by Lagos IP lawyer, Mr. Justin Ige of Creative Legal, Seun Omotoba & Co, COSON also asked the court for exemplary and aggravated damages.
The action against the owners of Lagos Oriental Hotel is supported by a 39 paragraph Statement of Claim.
COSON is also requesting for a perpetual injunction restraining the defendants, their agents, privies or servants from unauthorized copying, communication to the public, permission to perform and infringement of the copyright in the musical works or sound recordings belonging to COSON members, affiliates and assignors.
Reacting to the development, COSON Chairman, Chief Tony Okoroji said contrary to the belief in some quarters, Nigeria is not a lawless country.
“Our laws work. We have gone to court to find out if Lagos Oriental Hotel is special and above Nigerian law. As of today, several top hotels doing business across Nigeria are obeying the law, have got authorization for the music they deploy and are paying royalties for the deployment of the music.
Such hotels include Eko Hotel & Suites, Victoria Island; Transcorp Hilton, Abuja; Sheraton Hotel & Towers, Abuja; Protea Hotel, GRA, Ikeja; Intercontinental Hotel, Victoria Island; Federal Palace Hotel, Victoria Island, Raddison Blu, Victoria Island; Chelsea Hotel, Abuja, Sereba Hotel, Edo, Rockview Hotel, Abuja; The Moore House, Ikoyi; Protea Hotel, Victoria Island, Santex Hotel, Edo State; Wheatbaker Hotel, Ikoyi, Valencia Hotel, Abuja; Southern Sun, Ikoyi, Nanet Suites, Abuja; Lagos Airport Hotel, Ikeja; Protea Hotel, Abuja, Savoy Suites, Ikeja, Agura Hotel, Abuja; Golden Tulip, Lagos, Victoria Beach Hotel, Lagos, etc., etc.
“It is my advice to all those who think that they can continue to get away with the illegal exploitation of the rights of musicians in Nigeria to think twice. COSON is not a toothless bull dog; we may bark hard but we bite even harder.
“For many months, we have used every available means to engage Lagos Oriental Hotel and its management on the requirement to pay for the use of music in their facility as is done everywhere in the world. Each time, we have met a brick wall. We believe in our courts and we are very interested in finding out if Nigerian laws will be turned upside down just for this set of people,” he said.
