The Nigerian Copyright Commission (NCC) has taken legal action against MTN Nigeria Communications Ltd. and four other defendants for purported copyright infringement of musical works belonging to Nigerian artist, Maleke Idowu Moye.
The NCC filed criminal charges, marked FHC/ABJ/CR/111/2024, at the Federal High Court in Abuja, as disclosed by journalists on Monday.
The defendants named in the charge include MTN Nigeria’s Chief Executive Officer, Karl Toriola, along with Nkeakam Abhulimen, Fun Mobile Ltd., and Yahaya Maibe.
The NCC alleges that between 2010 and 2017, the defendants engaged in the unauthorized sale, distribution, and use of Moye’s musical works and sound recordings, including popular tracks such as “911,” “Minimini-wanawana,” “Stop Racism,” “Ewole,” “911 instrumental,” “Radio,” “Low Waist,” and “No Bother.”
Specifically, the NCC accuses the defendants of utilizing Moye’s copyrighted material as caller ringback tones without proper authorization, thus infringing upon the artist’s rights.
Additionally, the commission asserts that the defendants distributed the musical works to their subscribers without obtaining the necessary consent from Moye.
In the third count of the charge, the NCC alleges that the defendants unlawfully possessed Moye’s musical works and sound recordings for purposes other than private or domestic use.
These alleged offenses are said to contravene section 20 (2) (a) (b) and (c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.
Despite the legal proceedings initiated by the NCC, the case has yet to be assigned to a judge, and no date has been set for its mention.
The development underscores the ongoing efforts to safeguard intellectual property rights in Nigeria’s entertainment industry.
