Court dismisses N500m Copyright Infringement suit against musician, KCee, E-Money
By Oyinua Okubonanabo
A Federal High Court sitting in Lagos has dismissed a N500 million suit instituted against a popular singer, Kingsley Okonkwo popularly known as KCee, and two others over alleged copyright infringement of the song ‘Som Too Chukwu.’
Justice Kehinde Ogundare in his judgment held that the claimant, Jude Nnam, failed to prove the alleged infringement of his copyright work and also awarded a punitive cost of N1 million against him.
Also joined, as defendants, in the suit were Five Star Music Limited, and Mr Emeka Okonkwo (aka E-Money).
The plaintiff had in his amended statement of claim argued that he is one of the most well-known and arguably the most accomplished gospel music composers in Nigeria.
The plaintiff added that some of the musical works created by him include the following: ‘Jesus the Navigator’, ‘Olisa’, ‘Abinci Alheri’, ‘Take and Sanctify’, ‘Surrender Your Heart to Jesus’, ‘Salelaka’, ‘Chizara M’, ‘Bring Them to the Lord’ ‘My Story’, ‘In Thanksgiving and Love’, ‘Thanksgiving of Amazing Grace’, ‘Adupe Baba’ and ‘Bomboyeti’among others.
The plaintiff further alleged that the defendants infringed on his copyright as well as the ownership rights to the song titled ‘Som Too Chukwu’ which he produced sometime in 2001, adding that KCEE surreptitiously included it in his music album titled ‘Cultural Praise without his consent or authorisation.
In response, the defendants stated that they did not at any time produce any musical work or songs titled ‘Som Too Chukwu’ or ‘K’ Anyi Jee N’LO Chukwu, which the plaintiff alleged, adding that the said phrases were from the Holy Bible (the book of Psalms), which the claimant does not have copyright over.
In his judgement, Justice Ogundare held that the plaintiff failed to prove his case of copyright infringement against the defendants.
The court held that the phrase in contention was taken from the Holy Bible which the claimant cannot lay claim to.
The judge thereafter dismissed the suit and awarded a cost of N1 million against the plaintiff.