Copyright infringement : Court awards N703m damage against NUC, Airtel
By Andrew Orolua, Abuja.
A Fededal High Court in Abuja on Wednesday awarded the sum of N703 million as damages against the National Universities Commission (NUC), and Zain Nigeria Ltd (now Airtel) for infringing on the copyright of a media company, TV Xtra Production.
Justice Inyang Ekwo awarded the damage in suit brought by TV Xtra Production against NUC and Zayn Nigeria Ltd for a breach of copyright of the plaintiffs .
In his judgement Justice Ekwo
held that actions of the defendants and evidence before the court clearly show breached of the copyright of the plaintiff.
Zain Nigeria in its defence contended that TV Xtra is not the original owner of the programme, explaining that the idea was picked from a similar programme, the British Universities Challenge.
But Justice Ekwo ruled that the defendants misunderstood the case of plaintiff who is seeking remedy for his work not in any other part of the world, but registered in Nigeria and which existed at the time it was aired in Nigeria. He added that airing the programme on AIT and NTA without the permission of the author violated sections 2(a) (1), 6 (1) (a) (1) and 8 of the Copyrights Act.
“The law is that a work in Nigeria is the exclusive right of the owner to control the reproduction of the work in any material form and making adaptations of the work going by Section 6(1) (a) (1) and 8 of the Copyright Act”, the judge said.
“I find that the case of the plaintiff succeeds on the merit I make an order entering judgement on the terms of the claims”, he said.
TV Xtra brought the copyright infringement suit on December 18, 2009 demanding the sum of N500 million as special damages for the infringement.
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It is also demanded N200 million as general damages for airing the programme titled: ‘Zain African Challenge’ in Nigerian televisions which infringed its rights. It also demanded the sum of N3 million as cost of the suit.
TV Xtra Production also demanded an order of the court compelling the NUC which is the first defendant in the suit, to endorse and approve the programme called ‘University Challenge’.
The firm also wants the court to issue a perpetual injunction restraining Zain Nigeria from “producing, airing, marketing or exercising any right in respect of the programme called ‘Zain African Challenge’”.
