Copyright Infringement – How ‘Low Waist’ Put MTN in the Dock

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It’s not every day that the Federal Government takes a private citizen’s matter so seriously that it proceeds to, on behalf of the citizen, explore judicial angles to righting the situation. Well, the federal Government did just that recently when it, through the Nigerian Copyright Commission, filed charges (with Number FHC/ABJ/CR/111/2024)against MTN Nigeria Communications Ltd. in the Federal High Court, Abuja Division.

Karl Toriola – CEO, MTN Nigeria

Taking their place in the dock alongside MTN are the company’s CEO, Karl Toriola, Nkeakam Abhulimen, Fun Mobile Ltd., and Yahaya Maibe.  

It’s a case of copyright infringement spanning ten years (2010 – 2017) and it’s with regards to the works of Citizen Maleke Idowu Moye an artist who was hot at some point and whose works, while he was hot and with a good share of the airwaves, were used by MTN as caller back ring tunes, etc. without the artist’s consent and authorization and thereafter without any form of compensation or royalty accruing to the artist.

The musical works and recordings of the musician allegedly infringed upon include hit tracks like 911, Minimini-Wanawana, Stop Racism, Ewole, 911 Instrumental, Radio, Low Waist, and No Bother

Maleke is not a crowd puller anymore, at least not to the extent that he used to be. And that’s how the penurious days come for our artistes. The lack of a dependable systemic structure that enables them make the most of their good years leaves them begging for support eventually when their good days are behind them.

Having taken a good look at the case, the Federal Government, through the NCC, thinks MTN could have done a whole lot better than they did, having reaped immensely from the artist’s creativity and without availing him commensurate compensation.

MomentumCSR will give updates on the case as it winds its way through the slow Nigerian judicial mill. Hopefully, this signposts government’s seriousness about matters of copyright infringement and intellectual property. The small man can be the big man if his efforts are rewarded as agreed prior and in consonance with the legal provisions of the land. This is government’s responsibility to its citizens and which is being well discharged in this regard.

Idowu Maleke – Artiste

Hopefully, this was an oversight on the part of MTN. But the time for remediation, if the matter is proven conclusively is now, and thereafter it becomes a sort of precedent for other artists and organisations to take their cue as regards intellectual property rights.  

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