MTN Nigeria Communications Ltd, along with its CEO, Karl Toriola, as well as Nkeakam Abhulimen, Fun Mobile Ltd, and Yahya Maibe, have been accused of copyright infringement by the Nigerian Copyright Commission (NCC). The accusation is based on allegedly unauthorized sales and trading of Nigerian artist and comedian, Maleke Idowu Moye’s musical works between 2010 and 2017.
As per the filed three-count charge numbered FHC/ABJ/CR/111/2024 in the Federal High Court, Abuja Division, the NCC asserts that the defendants utilized Maleke’s music and sound recordings for Caller Ring Back Tunes without his consent or authorization. The NCC alleges these music pieces were shared with subscribers without the requisite permission.
The commission cited musical works and sound recordings including 911, Miniminiwanawana, Stop Racism, Ewole, 911 instrumental, Radio, Low Waist, and No Bother as having been infringed on by the defendants. In the third count of the indictment, the defendants are charged with possessing the artist’s musical works and sound recordings for purposes beyond personal or domestic use.
According to the commission, these actions are in violation of Section 20 (2) (a) (b) and (c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004, and are punishable under the same law. However, as of now, the case has not been allocated to a judge and there is no specific date set for its mention in court.
In March 2023, the Copyright Bill 2022 was signed into law by then-President Muhammad Buhari. This legislation was designed to enhance the administration, regulation, and enforcement of copyright protections, particularly in the digital arena.
The Copyright Bill 2022, signed into law in March 2023, sets out to uphold the rights of creators to ensure they gain fair recompense and recognition for their intellectual contributions. The law also establishes certain limitations and exceptions to assure access to creative works. This legislation also enables Nigeria to adhere to the obligations of any relevant international copyright treaties and conventions, and bolsters the capacity of the Nigerian Copyright Commission for more effective administration, regulation, and enforcement.
The law gives a detailed account of copyright, covering different domains such as literary, musical, artistic, audiovisual, sound recordings, and broadcast works. It expands the rights of authors, amplifies the criminal penalties for infringements, and tackles issues about the digital and online usage of copyright-protected materials.
Furthermore, the law provides specific protection for digital content in audiovisual works—meaning that online materials, including images, videos, sound recordings, and other productions, cannot be used without explicit permission from the creators.
