IN AFRICA’S BIGGEST COPYRIGHT LAW SUIT EVER, COSON ‘BOMBS’ MTN WITH 16 BILLION NAIRA CLAIM

Copyright Society of Nigeria (COSON), the nation’s sole government approved collective management organization for musical works and sound recordings, steadfast in its recent promise of an unprecedented show down with copyright infringers and royalty defaulters in Nigeria, has filed a N16 Billion law suit at the Federal High Court in Lagos against telecommunications giant, MTN, for copyright infringement.

This is the biggest copyright law suit ever in the continent of Africa with 18 separate claims endorsed on the writ supported by a 43 paragraph Statement of Claim filed by Lagos Intellectual property lawyer, Mr. Justin Ige of Creative Legal. In the suit No. FHC/L/CS/619/2016, COSON has asked the court for six different declarations of copyright infringement perpetrated by MTN in the MTN Friendship’, ‘Connect’ or ‘Walk In’ Centres across Nigeria; the MTN ‘Road Shows’ in Nigeria; the various MTN Music Concerts, Festivals, Award Shows, Product Activations and Corporate events; the MTN Callertunez platform; the MTN Music Plus Platform and the MTN Mobile Radio.

Attaching numerous letters written to MTN, COSON in the Statement of Claim stated that it has taken several steps, engaged in massive media advertising, organized various programmes, devoted enormous time and resources in appealing to MTN to obtain the appropriate licences and pay requisite royalties for the musical works and sound recordings deployed by the company but that MTN has behaved as if it is above the law and no attempt made by COSON has got MTN to meet its lawful obligations.

Supported by numerous exhibits, the Plaintiff in the Statement of Claim, said that while in recent years, COSON has collected and distributed several millions of naira received from various users of music to its members, affiliates and assignors as copyright royalty, not one KOBO has been collected from MTN which touts itself as the biggest distributor of music in Nigeria and falsely holds itself out as a good friend of the Nigerian music industry.

COSON also complained that for every Caller Ring Back Tune (CRBT) sold by MTN, the Defendant keeps a whopping 60% - 70% of the income to itself, gives just about 30% - 40% of the revenue to be fought over by the Value Added Service (VAS) Provider, the Record Label, the Performer, etc and unconscionably and against all well-known international practices, pays not even ONE KOBO to the songwriters or composers, the copyright owners responsible for creating the musical works sold.

Also in the court documents, COSON expressed the concern that as a direct result of the refusal of MTN to pay royalties for the musical works deployed in its operations to promote and support its trade and business and directly boost its income, the government of the Federal Republic of Nigeria has been denied several millions of naira being Value Added Tax (VAT) and other taxable income accruable to the government from the royalties.

COSON went further to ask the Federal High Court for an injunction restraining MTN, its agents, privies or servants from the continued unauthorized copying, communication to the public, streaming, selling, broadcasting, making available for downloading and permitting the unauthorized performance and infringement of the copyright in the musical works and sound recordings belonging to the members, affiliates and assignors of COSON.

In a statement issued a few days before the filing of the suit, Chairman of COSON and former President of PMAN, Chief Tony Okoroji said, “Anyone familiar with COSON knows that if we say that we are going to do something, we are going to do it. At COSON, we are resolute that the labour of Nigerian musicians and investors in the music industry who toil every day to make people happy will no longer be in vain. They cannot make people happy and be sad themselves. Anyone intending to exploit their sweat to serve his own purpose has COSON to deal with. The recent crash in the price of crude oil should be a lesson that Nigeria can no longer afford to waste her tremendous intellectual property assets. Our music and our movies in great demand everywhere in the world must count for something. They should contribute significantly to the nation’s GDP and provide jobs for hundreds of thousands of our citizens. The era of monkey dey work, baboon dey chop is over. We have asked our lawyers to go on ‘rampage’. Our brief to them is clear: there will be no untouchables and no sacred cows; no retreat, no surrender”.

BREAKING NEWS!!!

COSON asks Federal High Court to halt the broadcast of music on all 42 radio stations of the federal government owned FRCN across Nigeria for royalty default and copyright infringement.

MY DEAR TIWA

I do not know if you got the sms I sent to you yesterday. I had desperately looked forward to a reply which I did not get. I had earlier tried to call you without much success. I can understand.

I went to bed praying for you, your husband and your child. I asked the Almighty to intervene at what is unquestionably a challenging moment in your life.

You probably have no more committed fan than this guy. T Babe, you may never know how many times I have watched you on stage. Girl, you have never failed to thrill me and leave me happy. I recall watching you do your thing once in Jo’Burg. I knew that you came on stage carrying quite a bit of baggage but that did not stop you from being every bit a professional and giving a damn good show. In South Africa, you made this die hard Nigerian a very proud man. I like the way you sing, I like the way you dance, I like the way you handle an audience. I also think that you are drop dead beautiful.

More than anything else, each time we have had a discussion, you have left me delighted. I have found none of the foolish pride and cheap super star syndrome that drive the careers of many young artistes to an end even before they have begun. You are one of the best known women in Nigeria yet you remain down to earth and treat people like me with utmost respect and humility.

I don’t know if you recall the night we sat next to each other at a major music award event in Lagos. You did not get an award that night but you celebrated every artiste that got one. You cheered, clapped and danced on your seat. You showed so much happiness for the success of others and exhibited absolutely no angst. You behaved like every artiste on stage is your brother or your sister. I left the event that night saying to myself, ‘Tiwa Savage is special, truly special’.

I did not come to Dubai for your wedding but I celebrated where I was. Let me confess that I was concerned with what the challenges of married life would do to your bourgeoning career. I asked myself whether with your free spirit you would be able to handle the conflicts that were sure to come. Then it struck me that Omotola Jelade Ekehinde has done it. Christy Essien Igbokwe, before her, also made a success of marriage. My very good friend, Azeezat and her husband, Seyi are an exceptional couple. In other words, it is indeed possible to be a great artiste and still be a great wife.

Love is funny. It leads us to want to completely possess the one we love. Yet, if we truly love someone, we must allow the person to be free. The truth is that it is only someone who has many alternatives and still chooses to be with us that truly loves us.

Maybe, you may not know it but it will take an incredibly self-assured man not to worry that every other man wants the beautiful, talented free spirited and very popular Tiwa Savage. In a way, your assets become your liabilities. You may wish to think that you are just any other wife but you are not. Knowing this, you must go the extra mile and constantly reassure the love of your life for both of you to experience true happiness.

I know that you have spoken so much about the issues that challenge your marriage, far more than I honestly think you should have made public. Please, please, stop further interviews. You know what? Every marriage has challenges, a lot of them much more complex than yours. Anyone whose marriage has no issue, let him throw the stone. I have no doubt that if you apply the same dedication and energy that has made you one of the most admired women in our nation, you will come out of the present challenges booming with laughter. Go girl! Shock those who think it is finished. Tiwa please, do it for your son. Please do it for yourself. Do it for your husband and please do it for us, your millions of fans.

I am still expecting that call.

See you next week.

D'lyte & the Stars

A charity ball which took place on Easter Monday 28 march 2016 was a huge success as lots of people, trending artistes, fresh stars, comedians and a host of others made it to the event and it was fun all the way.

see pictures....

The show was not only centred around D'lyte, it also gave room for new stars to showcase their God's given talent and they were glad they had the opportunity to perform. The whole essence of this is to give them a positive mindset towards the pursuit of their dream career, when asked why the emphasis on the fresh/new acts? my reply was I was once in their shoes and because I know how tough and difficult the music industry can be especially when you don't have a record label/deal, sponsor or a manager who believes in you and is willing to dedicate his time and energy to move you to the next level, it can be way frustrating, so I told my team we need to allow lots of them perform and I was swept off by the performance of a 10 years old boy called Young Star he's truly a star.

Sassy D'lyte razzled and dazzled with move, energy, beauty, dance, songs and voice which she used to entertain the audience, they were all moved by her energetic performance, some called her the show stopper, while others called her D'lyte the stage terrorist, with D'lyte on stage you will surely get the heat of the bomb.

From Lyte Entertainment we say a very big thank you to all that supported and attended the show, the media, bloggers, pixitdesigns, celebrities Jaywon, Jhybo, Righteous man, PuffyTee, Hugobross, prince talk, Paparazzi of rainbow FM, our living Legend Blackky and many more without me exempting the honourable Chairman of COSON, Chief Tony Okoroji, former PMAN President and my wonderful Team, Babylynn promotions, Dabinchi global entertainment and my sister from another mother "Spicy with Phina" God bless you all.

Next Edition of D'lyte and the stars promises to be better and bigger thanks and God bless. For more details ff @dlytebaaby or lytenaija@gmail.com

THE 'BUHARI SPEECH' THEY WONT LET HIM READ

In this season of tremendous angst in our nation, what will be your reaction, if the handlers of President Muhammadu Buhari encouraged him to make a broadcast such as the following to citizens of the Nigerian nation?

Fellow Nigerians, It is now more than a year since you came out in your millions to overwhelmingly vote for me and members of my party, the APC, in the historic 2015 elections. Very soon, it will be one year since we took over the reins of government at the Federal level and in many state capitals across the country.