Nigeria Go Survive Musician, Mbanefo Drags Airtel to Court for Alleged Copyright Infringement
Foremost Nigerian Musician of “Nigeria go survive”, Veno Marioghae-Mbanefo on Friday, approached a Federal High Court in Lagos to declare as unlawful, the infringement on her intellectual property by Telecom giant, Airtel Nig. Ltd
The News Agency of Nigeria NAN reports that Marioghae-Mbanefo through her counsel, Mr Rockson Igelige is claiming the cumulative sum of N350 million in damages against Airtel, for alleged unauthorised use of her 1985 hit song, “Nigeria go survive”
The plaintiff is seeking among others, the court’s declaration, that the use of her song by the defendant, for promoting, and telemarketing its business to its subscribers, without naming her as author, is a breach of her right under section 12 of the Copyright Act
Marioghae-Mbanefo seeks a declaration that Airtel’s use of her song in showcasing its, products and services to its subscribers, without her consent, licence or authorisation, constitutes an infringement of her copyright.
Marioghae-Mbanefo is therefore praying for the court’s order, awarding the sum of N200 million as general damages against Airtel, and another N50 million as damages for violation of her statutory right under section 12 of the Copyright Act, Cap. C28, Laws of the Federation 2004
Besides, the plaintiff also seeks the award of N100 million against Airtel, as aggravated damages for Airtel’s unlawful and flagrant infringement of her copyright.
She wants an order of perpetual injunction restraining Airtel, its agents, servants, privies, or successors-in-title from further broadcasting, publishing, transmitting, or using her song “Nigeria Go Survive” for advertising, telemarketing and promotional purposes without her consent first obtained.
The plaintiff also prays the court to direct the defendant to remove the song “Nigeria Go Survive” from its list of songs for advertising, business, telemarketing, and promotional purposes, and any other order the court may deem fit to make under the circumstances
No date is yet to be fixed for court hearing of the suit.
