Press Release: Trial Begins In The Coson Multi-Million Naira Action Against First Bank

Trial has commenced in the multi-million naira
landmark copyright infringement action filed by Copyright Society of
Nigeria (COSON) against First Bank of Nigeria of Nigeria Ltd, Nigeria’s
biggest bank.

In 2014, COSON approached the Federal High
Court, Lagos asking for seven hundred million naira in unpaid royalties
and damages against First Bank Plc. for copyright infringement with
respect to the unauthorized use of several musical works and sound
recordings communicated to the public, deployed and exploited as
marketing, promotional and advertising materials and contained in First
Bank’s video presentation, Sights and Sounds of Carnival Calabar.

When trial commenced on Tuesday, March 17, 2015
before Hon. Justice Ibrahim Buba at the Federal High Court, Ikoyi, Mr.
Justin Ige, lawyer to COSON, called his first witness, Mr. Chibueze
Okereke. Mr. Okereke introduced himself as a Journalist, Communications
practitioner and COSON’s Head of Licensing. Mr. Okereke who adopted his
front loaded witness statement on oath was cross examined by Mr. Ekpe
Asuquo, lawyer to First Bank. Under cross examination, Mr. Okereke said
that the Calabar Carnival has developed into an international event.
Asked if he knew how much First Bank has gained as a result of its
deployment of Sights and Sounds of Carnival Calabar, he said that while
he could not quantify the exact amount gained by First Bank as a result
of the its deployment of Sights & Sounds of Carnival Calabar, he was
sure that it has added value to the bank.

In the Suit No. FHC/CS/L/530/2014, COSON had
pleaded in its 29 paragraph Statement of Claim that First Bank of
Nigeria Ltd. did not apply for or secure a license or any authorization
whatsoever before exploiting, communicating to the public, publishing
and deploying the musical works and sound recordings of the members of
COSON and COSON’s assignors as included in, reproduced and contained in
the video, Sights and Sounds of Carnival Calabar deployed by First Bank
Plc in its marketing, promotion and advertising and posted on the
internet.

The trial is expected to heat up on the
adjourned date, April 22, when Chief Tony Okoroji, the COSON Chairman
may take the witness stand. Chief Okoroji, a former president of PMAN, a
former member of the Board of the Nigerian Copyright Council is one of
Africa’s foremost authorities on copyright. He is the author of the
ground breaking book, Copyright & the New Millionaires.