Copyright Breach: Court Awards N210m Against Airtel for Unauthorised Use of ‘Nigeria Go Survive’ Track

Wale Igbintade

Justice Ibrahim Ahmad Kala of the Federal High Court, Lagos, yesterday awarded a total of N210 million in damages against Airtel Networks Limited for copyright infringement arising from the unauthorised use of a musical work titled “Nigeria Go Survive.”

The award comprises N200 million as general damages and N10 million as costs.

In addition to the monetary award, the court issued mandatory and perpetual injunctions restraining Airtel, its management, agents, servants, privies, successors-in-title and assigns from reproducing or further using the musical work, or any substantial part of it, for advertising, promotion, telemarketing, or other business purposes without the licence or authorisation of the copyright owner.

Justice Kala specifically ordered Airtel to remove “Nigeria Go Survive” from its list of songs used for advertising, business, telemarketing and promotional purposes across its network with immediate effect.

The judge held that Airtel’s use of the song without licence or authorisation amounted to restricted acts under the Copyright Act and constituted an infringement of the plaintiff’s copyright.

The judgment was delivered in suit No: FHC/L/CS/1822/2022, filed by the producer of the song, Veno Marioghae Mbanefo.

In resolving the sole issue for determination, the court held that the plaintiff proved her case on the balance of probabilities.

Justice Kala noted that a perpetual injunction is granted after infringement has been established and is intended to protect the proprietary rights of the copyright owner and restrain continued infringement.

Accordingly, the court made the following orders: “That Airtel’s unauthorised use of “Nigeria Go Survive” for advertising, promotion and telemarketing amounts to copyright infringement.

“Mandatory injunction prohibiting Airtel from reproducing or using the musical work, or any substantial part of it, for business and promotional purposes.

“Perpetual injunction restraining Airtel from any further unauthorised use of the work.

“General damages N200 million awarded to the plaintiff for losses suffered as a result of the infringement. And N10 million awarded in favour of the plaintiff, considering the duration of the case, legal representation, expenses incurred, and the current value of the naira.

In the writ of summons filed by her legal team led by Clement Onwvenwunor, SAN, the plaintiff sought, among other reliefs, declarations that Airtel’s use of the song without attribution, licence or authorisation breached her statutory rights under Section 12 of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.

She also claimed substantial damages for copyright infringement and, in the alternative, requested an order directing Airtel to render an account of profits allegedly made from the infringement under the supervision of the Nigerian Communications Commission (NCC).

Airtel Networks Limited, represented by counsel led by Babatunde Amoo, urged the court to dismiss the suit.

However, after reviewing the exhibits and submissions of counsel, Justice Kala resolved all issues in favour of the plaintiff.

The court refused the plaintiff’s alternative prayer for an account of profits but granted all substantive reliefs relating to infringement, damages and injunctive orders.