Court slams N210m fine on Airtel over unauthorised use of veteran singer’s song

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After a four-year legal battle, the Federal High Court, Ikoyi, has ordered Airtel Nigeria to pay Two Hundred and Ten Million Naira (N210 million) to Veno Marioghae Mbanefo for copyright infringement.

Presiding Judge Honourable Justice Ibrahim Kala handed down the judgment after finding that Airtel Nigeria unlawfully used Mbanefo’s song, “Nigeria Go Survive,” without her authorisation.

The ruling marks a significant legal victory for the artist and underscores the enforcement of intellectual property rights in Nigeria’s entertainment industry.

The singer had in September 2022 sued the telecommunications company, Airtel Network Limited for “unauthorised use” of her musical work.

The plaintiff sought a declaration that the use of the song by Airtel for promoting its business to subscribers, without naming her as the owner, is a breach of her right under Section 12 of the Copyright Act.

She also sought a declaration that Airtel’s use of her song in showcasing its products and services to its subscribers without her consent, licence or authorisation, constitutes an infringement of her copyright.

Delivering judgment, the trial judge ruled that Airtel failed to obtain the necessary permission or licence before deploying the song for commercial purposes, describing the action as a clear violation of Nigeria’s intellectual property laws.

The ruling has been described as a significant victory for Nigerian artists and a strong warning to companies against the unauthorised use of copyrighted works.

 

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