The coroner of Nigeria Go Survive and a foremost musician, Veno Marioghae-Mbanefo, on Friday, urged 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 the author, is a breach of her right under section 12 of the Copyright Act
She seeks a declaration that Airtel’s use of her song in showcasing its, products and services to its subscribers, without her consent, license 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
A date is yet to be fixed for hearing of the new suit.
