(L-R) Timothy Farinre, chairman, Omatek Ventures Plc and Florence Seriki, CEO, at the first Annual General Meeting of the company last week in Lagos, Nigeria.

The Musical Copyright Society of Nigeria Limited (MCSN) has dragged Guinness Nigeria Plc to the Federal High Court over alleged copyright infringement, claiming several millions of Naira from the brewing giants.  The suit which was before Justice Shuaibu has now been transferred to Justice Charles Efanga Archibong for continuation of hearing.
MCSN claims that it is the owner, assignee and exclusive licensee of the right to authorise public performances in Nigeria of the musical works of various authors and composers, including musical works in the repertoire of the Performing Right Society Limited (PRS) of Copyright House, London, the American Society of Composers, Authors and Publishers, New York and other affiliate sister organisations.
The crux of the matter as stated in MCSN’s statement of claim is that Guinness Nigeria Plc repeatedly breached its copyrights by publicly organising, procuring or authorising the public performance of its musical works in its repertoire to a fee-paying audience without its authorisation or consent. 
According to MCSN, Guinness on each occasion knew or ought reasonably to have known that copyright subsisted in the works but selfishly disregarded its right in the said works.
It stated that on becoming aware of Guinness infringement of works in its repertoire, wrote series of letters to Guinness and Kilimanjaro Limited, their agent, intimating them of the infringement and requesting the defendant to stop the infringement of its repertoire forthwith. MCSN said that despite repeated warnings and entreaties, Guinness continued committing the infringement.  It contends that the repeated infringement of its works by Guinness Nigeria Plc has caused it to suffer a lot of losses and damages.
Consequently, it is claiming against Guinness Nigeria the sum of N28,660,000 as general damages, another sum of N100 million as exemplary damages for using the said works. Furthermore, MCSN prayed the court to award interest in its favour on the licensee fees and other fees at the rate of 21 per cent from the date of infringement to the date of institution of the action and thereafter, interest at the rate of 10 per cent from the date of judgement until satisfaction of the judgement sum.
Besides, MCSN sought for a perpetual injunction restraining Guinness Nigeria jointly and severally by themselves, their directors, employees, servants, agents, privies or otherwise howsoever from further infringing on its copyright.
However, in its statement of defence, Guinness Nigeria Plc denied breaching the copyright of the plaintiff, disclosing that the agreement between the Performing Rights Society Limited and Musical Copyright Society of Nigeria Limited was entered at the time the plaintiff was not  licensed to operate as a collecting society.