Musical Copyright Society of Nigeria v. Compact Disc Technologies Ltd.
Federal High Court
Judgement delivered on Tuesday, August 5, 2008
Citation: 51 NIPJD [FHC. 2008] 713/2007, overturned by CA/IL/787/2008
Suit No.: FHC/L/CS/713/2007
Jurisdiction: Nigeria
Judgement delivered by: Honourable Justice J.E. Shakarho
I. Background
- Filing date: August 2, 2007.
- Court: Federal High Court, Lagos.
- Claim: MCSN alleged that Compact Disc Technologies and others were, without authorization:
- Importing, recording, reproducing, distributing, offering for sale, and publicly performing/playing its musical works on tapes, CDs, and similar devices.
- Reliefs sought:
- A declaration that the defendants’ actions infringed MCSN’s copyright.
- Perpetual injunctions to stop further infringement.
- Delivery up of infringing copies.
- ₦250 million special damages.
- ₦100 million general damages.
II. Core Legal Issue
The defendants challenged MCSN’s locus standi, arguing that:
- MCSN was effectively operating as a collecting society, and under Section 32B of the Copyright Act (as amended), it needed approval from the Nigerian Copyright Commission before it could sue.
- Without such approval, MCSN could not maintain the action.
MCSN countered that:
- It was suing as the owner, assignee, and exclusive licensee of the works, which Section 15(1) of the Act expressly authorizes to bring infringement actions.
- It was not acting in the capacity of a collecting society for this claim.
III. Federal High Court Decision (5 August 2008)
- Finding: MCSN had locus standi under Section 15(1) as an owner, assignee, or exclusive licensee.
- The court held that the claim was not brought in the capacity of a collecting society under Section 32B.
- Result: Defendants’ objection was dismissed. The case could proceed on the merits.
IV. Facts
On August 2, 2007, the Plaintiff (Musical Copyright Society of Nigeria – MCSN) filed an action (Suit No. FHC/L/CS/713/2007) at the Federal High Court, Lagos Judicial Division, seeking various orders of declaration and perpetual injunction against the Defendants (Compact Disc Technologies and ors.). MCSN sought the following reliefs against the Defendants:
(a). A declaration that the acts of the Defendants without the authority of the Plaintiff, of importing, recording, reproducing, distributing, offering for sale, communicating to the public and publicly performing or playing the said musical works on audio and video devices such as tapes or video compact disc and/or similar devices at its stores, is an infringement of the Plaintiff’s copyright as guaranteed by the Copyright Act Act, 1988 (as amended).
(b). An order of perpetual injunction restraining the Defendants by themselves, assigns, agents and servants from further importing, reproducing, distributing, offering fro sale, publicly performing or playing and communicating to the public, any of the said work(s) for that matter from the Plaintiff’s repertoire without the Plaintiff’s authorization or permission.
(c). An order of perpetual injunction directing the Defendants jointly and severally whether by themselves, assigns, agents and servants from further infringing, or continuing to infringe the copyright in the audio or audio visual musical works from the Plaintiffs repertoire.
(d). An order for delivery up to the Plaintiff of all copies of the said musical works on audio and video devices such as tapes, video compact discs and or similar devices of musical works.(e). Special damages in the sum of N250,000,000. (f). General damages in the sum of N100,000,000.
V. Judgement
Honourable Justice J. E. Shakarho of the Federal High Court concluded that the Plaintiff has the locus standi to institute this action as an owner, assignee or an exclusive licensee of the copyright in compliance with the provisions of section 15(1) of the Copyright Act and not a collecting society as provided for by Section 32 (B) of the Act.
VI. Aftermath
- This judgment was later overturned on appeal in CA/IL/787/2008, where the Court of Appeal held that MCSN’s operations fell within the statutory definition of a collecting society, and without the required NCC approval, it lacked locus standi to sue.
