
COSON is seeking declarative reliefs that the acts of the defendant in copying and communicating to the public musical works and sound recordings of its members, is a gross infringement on its right as guaranteed by the Copyright Act, Cap 28, Laws of the Federation, 2004.
When the case was called on Thursday, two counsel — Mr Justin Ige and Mr Opeyemi Owolabi — announced appearance for the plaintiff, while no lawyer represented the defence.
Ige informed the court that the case was scheduled for continuation of trial and that the plaintiff was ready to proceed since his second witness was already in court.
He, however, told the court that he had received a letter from the defendant’s counsel seeking adjournment of the suit.
He said he was bound by its decision, but would be asking for cost against the defendant for the adjournment.
In his reaction, Justice Ayokunle Faji, pointed out that the defence counsel had stated in his letter his reason for seeking an adjournment, adding that it is necessary to afford him the grace.
The court also declined to award any cost against the defendant, and consequently, adjourned the suit until its subsisting date of March 19 for continuation of trial.
In its statement of claim, COSON argues that it entered into copyright licencing agreement with various transport services in Nigeria for the communication to the public of musical works of its members with payment of required royalties.
It argues that the defendant which had its office at No 1, Old Ojo Road, Maza-Maza, Lagos, had engaged in unlicenced public performance of musical works of its members in its buses, terminals and restaurants located within its facilities.
The plaintiff said the defendant had for several years and up till the time of filling this suit, allowed the use of facilities at its various terminals and vehicles for unlicenced and unauthorised exhibition of musical works of its members.
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