Broadcasting
MTN Faces N112.5Bn Suit over Use of Comedy Brand
Femi Edwards, a content producer who specializes in the business of events productions, promotions and marketing with particular focus on comedy, has dragged telecommunications firm, MTN Nigeria Limited before a Federal High Court in Lagos demanding account of N112.5 billion revenue allegedly generated from the wrongful use of a comedy brand.
According to the suit, the plaintiff is accusing MTN of illegally using his comedy content without recourse to him, and generating whooping revenue from the said copyright infringement.
Edwards, who is trading under the name and style of Mayphem International, recalled that in 2009, he started a platform that promotes the comedy industry called ‘KomicRELOUDED’ which according to him, was a print magazine widely accepted by the industry.
The plaintiff, in the suit with reference number FHC/L/CS/18/18, averred that in the following year, he rebranded to ‘Comedy+’, adding that he had been maintaining the brand ever since with sales outlets across Nigeria.
He said leveraging on the success of the brand ‘Comedy+’, he went into the business of organizing comedy shows and concerts throughout the country, and that over the years, the brand ‘Comedy+’ and ‘ComedyPlus’ have come to be associated with him as signifying publications, comedy shows, entertainment and other events produced, promoted or marketed by him or with his collaboration in both physical and digital platforms, print and electronic media, with substantial reputation by the use of same.
However, the plaintiff said on March 17, 2017, MTN launched a digital platform tagged ‘Comedy+’ where it advertised the intent to and where it has continued to wrongfully produce, promote, market and pass off comedy shows and other entertainment without recourse to him as the copyright owner of the brand.
Edwards said to his surprise, several comedy artists and members of the public had called to congratulate him on the launch of the digital comedy platform of MTN under the belief that he was the person behind it, adding that being a huge commercial enterprise, MTN wrongfully acquired mileage from a popular brand which he created, to launch into the budding comedy sector in Nigeria.
He said the comedy industry had been in its developing stages in Nigeria, and that the brand which he struggled to create, was wrongfully leveraged on by MTN to generate a whooping N112.5billion.
According to him, “The stand-up comedy industry in Nigeria has been in its developing or budding stages and the brand ‘Comedy+’ which the plaintiff has built, has become synonymous with the promotion of comedy and entertainment in general in the country and has a reputation of being one of the pioneer stand-up comedy, general comedy and general entertainment promotion brands in the country that have helped to build the art of stand-up comedy into an industry.
“The defendant has profited from the passing off of the services and the products of the plaintiff in the excess of N112.5billion as presently known to the plaintiff until search, discovery and inspection.”
Giving details of how the figure was arrived at, the plaintiff said his ‘Comedy+’ brand was passed off by MTN to its subscribers which number up to 59 million, while from the defendant’s subscription price list, at the cheapest rate of N250 per month, MTN made N112.5 billion in nine months between March to December 2017 with the number of subscribers limited to 50 million and discounting 9 million.
Dissatisfied with the development, the plaintiff said he wrote to MTN through his lawyer on September 12, 2017 complaining of the passing off of his brand, and that the company replied on September 18, 2017 promising to look into the complaint.
After waiting for some time without response, the plaintiff said he wrote again to the firm, while on October 23, 2017, MTN responded and denied absolutely any liability, but without denying its use of the brand or trade name ‘Comedy+’.
The plaintiff, according to the suit filed on his behalf by Chuks Nwachukwu of Indemnity Partners Law Firm, is therefore seeking an injunction restraining MTN whether by itself, servants, agents or otherwise howsoever from producing, promoting or marketing under the brand name ‘Comedy+’ any comedy related or other entertainment shows or content not produced, promoted or marketed by the plaintiff or with his collaboration.
The plaintiff also wants an injunction mandating MTN to render account of profits and receipts so far made using the brand ‘Comedy+’, as well as damages for the wrongful use of the brand.
Already, the matter has been assigned to Justice Chuka Obiozor who has fixed hearing of an application for interlocutory injunction in the suit against MTN to October 29, 2018.
National Broadcasting Commission (NBC) has said that Nigerians will no longer pay annual Digital Access Fees under the renewed Digital Switch Over (DSO) project.
Charles Ebuebu, director-general, NBC, disclosed this in an exclusive interview with the News Agency of Nigeria (NAN) on Wednesday in Abuja,
Ebuebu said viewers only need to purchase an approved decoder and satellite dish which cost below N20,000 to enjoy free television permanently.
“Previously, users paid an annual digital access fee of about N1,500, described as an administrative charge.
“The new system removes that annual fee. It provides free access to free-to-air television channels without any payment.
“Premium channels will be introduced later. Viewers who want those additional channels will be able to access them through paid services.
“Nigerian content on free-to-air channels remains free to watch. Unlike Pay TV, this platform does not require monthly subscriptions for its basic service,” he said
Ebuebu said approved decoders for the FreeTV will cost less than N20,000 and authorised sales outlets will soon be announced.
He urged Nigerians to wait for official information on approved dealers for the DSO decoders, warning that unauthorised sellers are exploiting growing public demand.
He reiterated that people only need a free-to-air decoder, along with a satellite dish instead of the old antenna system to receive the DSO signal.
“Once the equipment is installed, viewers can access all available channels across the country without paying any subscription fees,” he stressed
The DG dismissed claims by some retailers that there are different categories of decoders sold at varying prices, stressing that such sellers are not authorised by the commission.
According to him, the NBC will soon publish the list of approved dealers, official prices, and locations where genuine decoder boxes and accessories can be purchased.
The NBC boss said the DSO project is designed not only to improve television broadcasting but also to stimulate economic growth by creating jobs, attracting investment, and opening up opportunities for businesses that support the broadcasting industry.
Ebuebu noted that content producers and broadcasters stand to benefit significantly from the nationwide reach of the DSO platform.
Unlike the previous system, where many stations had limited regional audiences, he said the new platform will make their channels available to viewers across Nigeria.
He added that the introduction of audience measurement technology will provide scientific and reliable data on television viewership.
Ebuebu added that audience measurement technology will give advertisers greater confidence in placing adverts and enable broadcasters to demonstrate the true size and reach of their audiences nationwide.
Uchenna Mbunabo, Nigerian filmmaker, has raised concerns over the alleged unauthorised broadcast of Nollywood films by some Ghanaian television stations, calling on Ghana’s National Film Authority (NFA) to strengthen the enforcement of copyright laws.
Uchenna Mbunabo, Nigerian filmmaker
Mbunabo made the remarks during a conversation with James Gardiner, deputy CEO of the National Film Authority (NFA) of Ghana.
He questioned whether it was permissible for television stations in Ghana to download Nigerian movies from YouTube and air them without obtaining permission from the producers.
“I noticed that Ghanaian TV stations, the way they are stealing our films and showing them for free with impunity. Is it legalised in your country for TV stations to go on YouTube, download people’s sweat and show it for free?”
According to Mbunabo, some Ghanaian television stations have been downloading newly released Nollywood films from YouTube and broadcasting them without authorisation, depriving producers of revenue generated through the platform.
He also stated that he had not witnessed Nigerian television stations engaging in similar practices and questioned what measures Ghana was taking to protect filmmakers’ intellectual property.
Responding to the concerns, Gardiner acknowledged that the issue exists and said the National Film Authority had begun engaging relevant stakeholders to address it.
He disclosed that the NFA has held discussions with the Ministry of Communications, the National Communications Authority (NCA) and the National Media Commission (NMC) on improving copyright enforcement.
Gardiner explained that while Ghana has copyright laws, enforcement remains challenging because many television stations now operate digitally and may not have physical offices within the country.
“There are copyright laws, but they are not effective because a lot of the TV stations don’t have offices. Most of them are now digital, so they operate from anywhere. They can even have a Ghanaian TV station but be operating from Austria simply because it is digital.”
He added that authorities are considering a new licensing framework that would require broadcasters to undergo a fresh licensing process to improve monitoring and enforcement.
According to Gardiner, television stations found guilty of illegally broadcasting copyrighted content would be required to compensate affected producers through fines.
He added that repeat offenders could face suspension of their broadcasting licences, while a third violation could result in the revocation of their licences.
Although he did not provide a specific timeline, Gardiner said the reforms were already underway and expressed hope that significant progress would be seen next year.
Mbunabo welcomed the proposed measures but urged the National Film Authority to expedite the process, stating that unauthorised broadcasts continue to affect filmmakers’ ability to recover production costs through legitimate distribution channels such as YouTube.
He also stressed that his comments were not directed at Ghana’s film industry, noting that he has worked with several Ghanaian actors over the years and supports collaborations between Nollywood and Ghallywood.
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