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HOSTILITIES seem to have started early in the year on the copyright turf as movie producer, actor Patrick Doyle, drags cable television content provider, Disc Engineering and its managing director, Bayo Banjo, to court.
The matter, which came up for hearing on Monday, was the case of alleged infringement of the copyright of Doyle's Jaded Options movie by Disc Engineering.
Doyle in his statement of claim is suing the cable outfit for intellectual property infringement, to the tune of N20 million.
He alleged that Disc Engineering used his movie, Jaded Options without authorisation. The court session last Monday was the second time the parties would appear in the law court.
Sources close to the movie producer revealed that the matter would not have reached the courtroom had the defendants, "not treated the matter with levity."
Doyle in his statement of claim filed on July 8 last year claimed he was informed by one Mr. Rasaq Izebe that, "the defendants had exposed Jaded Options to public viewing by transmitting, broadcasting and showing the drama series on the first defendant's channel known as MCTV."
The producer consequently alerted the cable television outfit on the alleged infringement. "They (Disc Engineering) denied use of the material and even said the matter was close as far as they were concerned. I guess it obvious now that the matter is not over. So, if nothing happens, the issue would be resolved in the law court," the source revealed.
Doyle in his statement had pleaded, "that he was dumbfounded upon receiving the information from Mr. Izebe because at no time did the defendants request for authorisation to broadcast Jaded Option and at no time did the plaintiff grant the defendants any such licence or authorisation to broadcast Jaded Options and at no time did the plaintiff grant the defendants any such licence or authorisation."
The plaintiff told the court how he visited the office of the first defendant at Lateef Jakande Road Ikeja where he spoke to the second defendant about the infringement of his copyright in Jaded Options and was assured by the second defendant that he would investigate the matter and get back to the plaintiff.
He however lamented several visits to the first defendant company did not yield any fruit, in spite of the promises by the second defendant.
According to Doyle, on February 23, 2004, he was once again informed by Rasaq Izebe that the defendant had continued the transmission and broadcast of Jaded Option on their MCTV channel and that he (Izebe) had watched the programme several times on MCTV; while insisting that
on March 13, 2004, he personally watched his production called Jaded Options being transmitted and broadcast by the defendants on the same channel and that he actually made a video recording of the broadcast which he would tender as an exhibit.
Apart from using his work without authorisation, Doyle's grouse with the defendants was that the unauthorised broadcast of Jaded Options was very poor and detrimental to his reputation and an infringement of his moral rights.
Consequently, Doyle is asking Disc Engineering for "damages in the sum of N5 million for the unauthorised copying and/or reproduction of the film."
Not only that, damages in the sum of N15 million for the unauthorised broadcast and the transmission to the public of the drama piece.
He also sought a perpetual injunction restraining the defendants from further infringing the plaintiff's copyright in the television production, Jaded Options.
Responding, Disc Engineering stated that the programme, Jaded Options, was shown on several stations including cable television stations but under "the authority of TRIVISION International Studios who are the owners of the programme. The plaintiff is very well aware of this fact."
The defendants denied broadcasting or showing the drama series Jaded Options on MCTV Channel or any other channel whatsoever in 2001. They also denied any dealings with Razaq Izebe as mentioned by the plaintiff.
Other objections raised include meeting plaintiff in 2001 or anytime thereafter in respect of infringement of copyright on Jaded Options or any other matter; the claim that the second defendant promised investigate the matter and give the plaintiff the feedback; and that they did not on February 23, 2004 or any other time thereafter broadcast and/or transmit the drama series Jaded Options on MCTV channel or any other channel whatsoever.
The case has been adjourned till February 20, 2005.
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Originally Posted by Multioption
