A Federal High Court sitting in Lagos, has held that the Musical Copyright Society of Nigeria (MCSN), has the locus standing to bring the suit against three South African firm, for importing into the country, musical recordings and reproducing same for distribution and sales, without its (Musical Copyright Society of Nigeria) permission.

Following the suit by MCSN, defendants in the suit, Compact Disc Technologies Ltd, Nu Metro Homes Entertainment (West Africa) Ltd and Nu Metro Retails Nigeria Ltd, in their statement of defence, challenged the locus standi of the plaintiff to bring the suit. MCSN is claiming against the defendants, the sum of N350million as special and general damages.

The defendants had argued that the plaintiff had no locus standi to bring the action, and prayed the court to dismiss the suit. But ruling on the matter, the court said "the literal rule of interpretation is that words must be given their ordinary meaning.

The words "owner, assignee and licensee cannot be interpreted to mean collecting society. During the trial, evidence could be lead and the court may find that the position of the plaintiff is that of a collecting society instead of being an owner, assignee or exclusive licensee and it is only then that the court can pronounce the plaintiff to be a collecting society".

Further the court said, "in MCSN/GTE V Adcokin Records (2007) 13 NWLR, the Court of Appeal had course to pronounce of the provisions of Section 15 (1) of the Copyright Act 1988 which is in pari material with Section 15 (1) of the present Act. Galadima, JCA had this to say "I have carefully studied Sections 9, 10 and particularly 15 of the Copyright Act 1988 (them applicable).

The combined effect of all these provisions expressly confer legal rights in copyright to an "owner, assignee or an exclusive licenses of tine copyright" Section 15 (1) provides. Subject to this Act, infringement of copyright shall be actionable at the suit of the owner, assignee or an exclusive licensee of the copyright, as the case may be in the Federal High Court exercising jurisdiction in the place where the infringement occurred and in any action for such on infringement all such relief by way of damages, injunction, accounts or otherwise shall be available to the plaintiff as is available in any corresponding proceedings in respect of infringement of other proprietary rights."

"In effect for a person to be a legal owner of copyright for the purposes of vesting requisite locus, such must fall into any of the following categories, namely, the author of the work himself; the assignee; the licensee. It is therefore only any of these legally authorized or accredited owners that can seek redress in copyright in the court of law".

"Appellant as owner assignee and exclusive licensee of the copyright in the allegedly infringed work has legal right and indeed locus standi statutory recognised which ought to be protected and adjudicated upon by the lower court.

Where a statute confers on a plaintiff, the right to sue, a court of law has not the jurisdiction to deny him of the standing to sue. A statutory right of plaintiff to sue abrogates a common law principle to the contrary, that is, not to sue.

The case of the plaintiff is not different from the one which the Court of Appeal dealt with in MCSN Ltd/GTE V Adeokin Records, Supra. I am bound by the decision".

According to the court, "from all I have discussed so far, I have come to the conclusion that the plaintiff has the locus standi to institute this action as an owner, assignee or an exclusive licensee of the copyright in compliance with the provisions of section 15(1) of the Copyright Act and not a collecting society as provided for by section 32(B) of the Act".

MCSN is in the suit, asking the court to declare that the act of the defendants without the authority or permission of the plaintiff in importing, recording, reproducing, distributing, offering for sale, communicating to the public and publicly performing or playing the said musical works on audio and video devices, such as tapes or video, compact disc and/or similar devices at its stores is an infringement of the plaintiff's Copyright as guaranteed by the Copyright Act, 1988 (as amended).

* An order of perpetual injunction restraining defendants by themselves, assigns, agents and servants from further importing, reproducing, distributing, offering for sale, publicly performing/playing and communicating to the public any of the said works or any works for that matter from the plaintiff's repertoire without the plaintiffs or permission.

* An order of perpetual injunction. directing the defendants jointly and severally, whether themselves, assigns, agents and servants or however, from further infringing or continuing to infringe the copyright in the audio and audio virtual musical works from the plaintiffs or permission.

* An order for delivery up to the plaintiff of all copies of said musical works on audio and video devices such as tapes, video compact discs and or similar devises of musical works listed in musical works.