Femi Adebayo v. Murphy Ben International Limited (Aforefo TV)

Law Cases and Principles

Femi Adebayo v. Murphy Ben International Limited (Aforefo TV)

FieldInformation
NIPJD CitationNIPJD/FHC/2024/FHC-IB-CS-17-2020
Document TypeCase Report
CourtFederal High Court, Ibadan Judicial Division
Suit No.FHC/IB/CS/17/2020
Decision Date23 April 2024
JurisdictionNigeria
Area of LawCopyright
SubjectCopyright Infringement; Cinematograph Films; Online Piracy; Unauthorized YouTube Streaming
StatusJudgment Delivered
Source ReliabilityCourt Information Confirmed by Counsel; News Reports

BETWEEN

LATEEF OLUFEMI ADEBAYO ………………………………. Plaintiff

AND

MURPHY BEN INTERNATIONAL LIMITED (AFOREFO TV) …………………….. Defendant

Appearances: Y. B. Adebowale, Esq. for the Plaintiff; Ezenao Chukwuemeka, Esq. for the Defendant.

Copyright Infringement, Cinematograph Films, Online Piracy, YouTube Streaming — The Plaintiff alleged that the Defendant used the titles, posters, promotional materials, and goodwill associated with his films Survival of Jelili and Kodi Ologbon Aye on the Defendant’s YouTube platform without authorization in order to attract viewers to unrelated films. The Federal High Court, Ibadan Judicial Division, entered judgment for the Plaintiff and awarded ₦25 million in damages and costs.

I. Facts

Lateef Olufemi Adebayo, a Nigerian filmmaker, actor and producer, commenced an action against Murphy Ben International Limited, the operator of the YouTube channel known as Aforefo TV.

The Plaintiff alleged that the Defendant unlawfully used the titles, movie posters, promotional materials and other identifying features of his films Survival of Jelili and Kodi Ologbon Aye to promote and stream unrelated films on its YouTube channel.

According to the Plaintiff, the unauthorized use of these materials misled members of the public into believing that the Defendant’s YouTube channel was an authorized source for his films. The Plaintiff further alleged that the Defendant’s activities diverted online traffic, reduced legitimate revenue, and infringed his copyright and related intellectual property rights.

The action was filed before the Federal High Court, Ibadan Judicial Division.

II. Reliefs Sought

The Plaintiff sought reliefs including:

  • A declaration that the Defendant’s unauthorized use of the Plaintiff’s copyrighted works and promotional materials constituted copyright infringement.
  • Damages for the alleged infringement.
  • An order restraining the Defendant from further unauthorized use of the Plaintiff’s works.
  • Ancillary reliefs relating to the protection of the Plaintiff’s intellectual property rights.

III. Decision

According to publicly reported information, the Federal High Court entered judgment in favour of the Plaintiff.

The Court awarded:

  • ₦20,000,000 as damages for copyright infringement; and
  • ₦5,000,000 as costs of the action.

The total monetary award amounted to ₦25,000,000.

IV. Significance

The decision is regarded as one of Nigeria’s notable civil copyright cases involving online streaming piracy and the unauthorized digital exploitation of cinematograph films.

The case is significant because:

  • It is one of the few reported Nigerian civil decisions addressing the unauthorized streaming of copyrighted films through an online platform such as YouTube.
  • It demonstrates that copyright owners may institute civil proceedings against individuals or entities that unlawfully stream or make their works available online without authorization.
  • It shows that Nigerian courts are prepared to award substantial monetary damages where copyright infringement is established.
  • It reinforces the use of civil litigation as an important mechanism for combating digital piracy in the Nigerian film industry.
  • The decision has been cited as supporting the proposition that unauthorized streaming through third-party platforms, including YouTube and other over-the-top (OTT) services, may constitute actionable copyright infringement under Nigerian law.

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