Friday 18 October 2013

Cosson files N1.1 billion suit against Brilliant Fm for violation


True to its warning that no
organization broadcasting music or
sound recordings in Nigeria or
communicating same to the public
without a COSON license will be left
off the hook, copyright society of
Nigeria, COSON, has filed a 1.14 Billion
Naira copyright infringement action
against Brila Services Ltd. The
organization which owns the Brila FM
stations in Lagos, Onitsha, Kaduna and
Abuja was sued alongside its Chief
Executive Officer, Mr. Larry Izamoje.
In suit No. FHC/L/CS/1391/13 filed
on behalf of COSON by K. C.
Okolocha Esq, COSON complained
that the defendants continue to
earn massive advertising revenue
and make enormous profit from the
unauthorized copying,
communication to the public and
broadcast of the musical works and
sound recordings belonging to
COSON members, affiliates,
assignors and licensors and
consequently the Defendants have
continued to expand their capacity
by setting up new stations across
the country.
COSON also complained that the behavior
of Brila which will not be accepted
anywhere else around the world has led
to the death in penury of many of
Nigeria’s greatest music stars of all
times whose creative talents were
exploited to provide wealth for the
likes of the Defendants while in most
cases, nothing is left behind for the
dependants of these music stars and
not even money to give them a decent
burial and that the many examples
include: Late Sonny Okosun, Late Oliver
De Coque, Late Stephen Osita Osadebe,
Late Bala Miller, Late Nelly Uchendu,
Late Christy Essien Igbokwe, Late Rex
Jim Lawson, Late Ayinla Omoruwa, Late
Orlando Owoh, Late Celestine Ukwu,
Late Fatai Rolling Dollar etc.
Apart from accumulated royalties,
COSON is also asking the court for
general damages and perpetual
injunction restraining the Defendants,
their agents, privies or servants from
the unauthorized copying,
communication to the public or
broadcasting any of the musical works
or sound recordings belonging to the
members, affiliates, assignors and
licensors of COSON except with prior
license of COSON.
It will be recalled that COSON recently
filed a Ten Billion naira copyright
infringement action against Daar
Communications Plc, Nigeria’s biggest
privately owned broadcast network
which operates stations such as Ray
Power FM, Faaji FM and Africa
Independent Television (AIT) scattered
all over Nigeria.
The COSON Board had earlier warned
that there will be no hiding place for
copyright royalty defaulters in Nigeria
as COSON is prepared to bring the full
weight of the law on them.
Speaking, COSON Board member and
NOW Muzik Boss, Mr. Efe Omorogbe
had said, “we reviewed the compliance
level with respect to music copyright
royalty payments in Nigeria and came
to the conclusion that while there are
several users who have shown that
they want to play by the rules, there
are those who are playing games. They
erroneously believe that they can
conspire, delay and successfully
confront COSON and continue the era
of free music. They are badly mistaken
and clearly do not understand the
passion, total determination and zeal
that drives the work of COSON. Those
who are ready to work with COSON
will find out that we are very
reasonable and friendly. I however
assure those who want a fight that
they will badly regret the day they
decided to engage COSON in a fight.”
Also speaking, another member of the
Board and National President of Music
Label Owners & Recording Industries
Association of Nigeria (MORAN), Hon
John Ewelukwa Udegbunam, said “the
Board has instructed that we
immediately begin a nationwide
mobilization of the members and
supporters of COSON for a historic
show down with those who have shown
no respect for the law and the rights of
musicians and investors in the music
industry. If they think we are joking,
they will be shocked. We will
implement the directive of the Board
to the letter. There will be no retreat
and no surrender.”
Star artiste and COSON Board
member, Azeezat Allen also said, "the
Board identified some in the broadcast
industry who believe that they can
employ divide and rule tactics and
break the unity of the music industry.
They obviously do not understand that
this is a revolution. COSON has
revealed to Nigerian musicians what is
possible. The rapid growth of COSON
has shown that we can successfully run
a positive, professional, transparent
and accountable organization in our
industry.
"I know some musicians who have
received over a million naira each as
royalty from COSON in the last six
months. Before COSON, they were
getting nothing. This is therefore
personal. Nobody wants to go back to
the days of old. Those who may have
decided to fight COSON surely
miscalculated.”

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