Vanguard (Lagos)

Nigeria: We Seized Pirated Materials From Magnet Integrated, NCC Tells Court

A Federal High Court sitting in Lagos, has been told at the resumed hearing in a three-count charge of copyright infringement, brought against three persons, including a Chinese national, by the National Copyrights Commission (NCC), that the accused persons were found in possession of pirated materials, which they have no authority to produce.

At the resumed hearing in the matter, NCC's Copyright Inspector, Mr Vincent Oyefeso, who testified, told the court that the commission, had following a petition from International Federation of Phonographic Industries (IFPI), raided the factory of the first accused, Magnet Integrated Ventures Ltd, in April 2007, after surveillance, and found in the premises of the first accused, produced compact disc music it had not authority to produce.

The other accused persons are Lee Yew Pong (Chinese national), General Manager of the first accused and Emeka Akeh, the marketing officer of the first accused.

Earlier, another witness, Mr Ifeanyi Onyebuchi, who said he was contacted by NCC to report to Economic and Financial Crimes Commission (EFCC) office in Lagos, after the raid, told the court that when he got to EFCC office, he was shown pirated copies of a gospel music, his company, Bimcco International Ltd, had the sole-rights to produce, distribute and market.

Further he had said, "when I got to the EFCC, I was shown the CDs seized from the raid and I discovered that the work we have the sole rights to produce and market, is amongst the CDs.

I made statement to the effect that I never gave Magnet Integrated the permission to produce or reproduce same".

He was shown a copy of the CD seized from Magnet Integrated and he distinguished the difference between the original copy, his company produces and the pirated one, explaining that while the original copy had the name of the artist, name of producer and address, the pirated copy, only had the name of the music, 'We Are One'. He however, confirmed that he listed to the pirated copy and the music was the same with the original copy his company produces.

Mr Oyefeso, in his testimony, told the court that after the petition by IFPI, the commission went into investigation in collaboration with the EFCC. He told the court that they mounted surveillance on the factory of Magnet Integrated and after further investigation, they raided the factory and in the process, carted away materials that were suspected to be involved in piracy.

According to him, the an inventory of the seized materials was prepared and duly signed by all the parties involved.

Asked question from some of the materials seized from Magnet Integrated factory, Oyefeso explained that they indicated that the company was involved in both legal and illegal production and reproduction of works, explaining that from some 32 film plates seized from the factory, some clearly showed that the company had its full name and address in some of the work, indicating that it had the authority to produce and reproduce same, while in those, which is written only the name of the music on the CD, it had not authority to produce or reproduce same.

Meanwhile, further hearing in the matter has adjourned till January 14, 2009, further hearing


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