The NCC alleged that MTN and others had the musical works and sound recordings of the artiste in their possession which was not for their private use.
By Jeffrey Agbo
The Nigerian Copyright Commission (NCC) has filed criminal charges against MTN Nigeria Communications Limited and four others over alleged copyright infringement.
The charges were instituted at the Federal High Court in Abuja. The News Agency of Nigeria (NAN) obtained court documents on Monday.
The four other defendants in the case are MTN Nigeria CEO, Karl Toriola; Nkeakam Abhulimen, Fun Mobile Limited, and Yahaya Maibe.
In the three-count charge, NCC alleged that the defendants between 2010 and 2017 “offered for sale, sold and traded for business’’ infringed musical works of an artist, Maleke Idowu Moye, without his consent and authorisation.
The commission alleged that the defendants used musical works and sound recordings of Maleke with subsisting copyright, as Caller Ring Back Tunes, without the authorisation of the artiste.
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The musical works and sound recordings of the musician allegedly infringed upon included 911, Minimini-wanawana, Stop Racism, Ewole, 911 Instrumental, Radio, Low Waist, and No Bother.
The defendants were also alleged to have distributed the musical works to their subscribers, without authorisation, thereby, infringing on the rights of the artiste.
In the third count, the NCC alleged that MTN and others had the musical works and sound recordings of the artiste in their possession which was not for their private use.
According to NCC, the alleged offences are contrary to and punishable under section 20 (2) (a) (b) and (c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.
The case is yet to be assigned to any judge and no date has been fixed for mention.