COSON's Battle for Copyright Protection: A Triumph of N500 Million for Intellectual Property Rights in Nigeria

In a moment of victory at the Copyright Society of Nigeria (COSON) House, the Court of Appeal, sitting in Calabar, Cross River State capital, upheld the 2018 judgment of the Federal High Court. The judgment awarded COSON a significant sum of N500 million, addressing copyright infringement related to the Calabar Carnival and Festival.

COSON's Battle for Copyright Protection

COSON, an organization representing numerous copyright owners in Nigeria and managing music repertoires for various collective management organizations worldwide, had filed Suit No: FHC/C/CA/15/2014 against the Cross River State government and the state's Carnival Commission back in 2014. The lawsuit aimed to address copyright infringement issues surrounding the unlicensed copying, communication to the public, and broadcast of musical works and sound recordings belonging to COSON's members, affiliates, assignors, and licensors during the annual Calabar Carnival and Festival.

On April 30, 2018, the Federal High Court in Calabar ruled in favor of COSON, ordering the payment of N500 million. Additionally, the court imposed a perpetual injunction, prohibiting the deployment of musical works from COSON's repertoire at the Calabar Carnival without proper authorization.

Appeal Rejected: Intellectual Property Rights Affirmed

Unsatisfied with the Federal High Court's judgment, the state government and the carnival commission appealed the decision. However, their hopes were dashed as the Court of Appeal recently affirmed the original judgment, leaving COSON victorious once again.

In response to the judgment, Chief Tony Okoroji, Chairman of COSON, expressed gratitude to the panel of justices for upholding the intellectual property rights of creative individuals in Nigeria. He emphasized that nobody, not even state governments, is above the law. Okoroji acknowledged the arduous nine-year legal battle that led to this historic triumph, underscoring the importance of the precedent set by the courts.

"Our unshaking commitment and resilience lie at the heart of this victory," stated Okoroji. He highlighted that while the monetary award holds significance, the precedent established by the courts holds far greater importance. Obtaining a license to publicly deploy musical works may seem costly, but the consequences of not obtaining such a license are even more exorbitant, he added.

COSON's hard-fought victory in this copyright infringement case serves as a legacy for future generations of Nigerian musicians and the wider creative community. With the affirmation of intellectual property rights, COSON hopes to inspire a culture of respect for creativity and underscore the importance of obtaining proper licenses for the use of musical works. This momentous triumph sends a powerful message that the law stands strong in protecting the rights of creative individuals and entities throughout Nigeria.