Nigerian music icon and multiple award-
winning artiste, Paul Play Dairo, has dragged
a telecommunications service provider,
Etisalat, before a Federal High Court in Lagos
for allegedly infringing on his copyright.
The 'Angel of My Life' crooner asked Justice
C.J. Aneke to compel Etisalat to pay him
N200m for making use of his 2009 hit-track,
"Mosorire" without having obtained his
authorisation. His grouse with the defendants
stemmed from the alleged use of the track
"Mosorire" in the defendant's popular
television reality show, tagged, "Nigerian Idol"
for two consecutive years without paying him.
Joined with Etisalat in the suit marked FHC/
CS/581/2014 is one Optima Media Group.
Paul Play, in the affidavit filed in support of
his suit and deposed to by himself, averred
that, "I am the copyright owner of the work
named and tagged "Mosorire", contained in
my repertoire, exclusively for the jurisdiction
of Nigeria and the authority or permission to
exploit such work can only be obtained from
me.
"However, the defendants being an organiser
of a television reality show tagged, "Nigerian
Idol" caused the use, adaptation and
deployment of my said work titled, "Mosorire"
on the said show without my consent, and
which was broadcast to several millions of
television viewers throughout the Federal
Republic of Nigeria and the rest of Africa for
2012 and 2013 editions."
The artiste said the defendants particularly
infringed on his copyright when they allowed
one of the contestants on the show to
reproduce and perform his song in the glare
of the whole nation and beyond. Paul Play
averred that as a singer and composer, he
was entitled to an annual fee of N100m on
the said track, as commensurate with his
effort in putting the work together. He
however averred that having made use of his
work without obtaining permission from him,
the defendants had caused him loss of
income while "they have made gains and
improved on their own brand image."
The artiste therefore sought a declaration of
the court "that the act of adaptation,
deployment, public performance and
exploitation of his musical work titled
"Mosorire" by the defendants without the
plaintiff's prior consent, authorisation or
permission constitutes an infringement of the
plaintiff's copyright, as guaranteed by the
Copyright Act, Cap C28, Laws of the Federal
Republic of Nigeria, 2004 and sections 6 (6)
(b) and 44 of the 1999 Constitution."