Justice Cecilia Mojisola Olatoregun of a Federal
High Court in Lagos has awarded the sum of N5 million against the son of Juju
maestro, Sir Shina Peters, Clarence, for piracy.
Justice Olatoregun slammed the judgment on Clarence,
who is a film producer, trading under the name: 'Capital Dreams Picture', for
using an art work belonging to other musicians without permission.
The judgment sum, according to the judge, is to be
paid to the duo of Uwana Victor and Victor Akan, who trade under the name and
style of 'Black Alliance' who Clarence was accused of their using musical work
titled: 'Make Money Flow’ in a film without a written consent from them.
Uwana and Victor in a suit marked
FHC/IKJ/CS/124/2011 have approached the court through their lawyer, Yemi
Omodele, seeking a court declaration that they are the sole owners of the
copyright of a work titled: 'Make money flow’, and a declaration that the use
and/or pirating of the second track of their video ‘Make Money Flow’ into
Waconzy‘s ‘l celebrate’ video by the defendant without their knowledge is
illegal, null and void, and thereby amounts to the infringement of their
copyrights.
They also sought an order of the court restraining Clarence,
his servants, agents and/or privies from further using part or the whole of the
musical audio/video titled ‘Make Money Flow’ in any other work of art without
their written consent.
The musicians also seek an order of the court
directing him to pay them the sum of N40 million as compensation and general
damages for the use of clips and extracts from the ‘Make Money Flow’ video
which was done without their authority and/or consent.
In response to the suit, Clarence filed a statement
of defence and a written address through his lawyer, Babajide Owoyomi, urging
the court to dismiss the two musicians' suit against him for lacking in merit.
However, delivering judgment in the suit, Justice
Olatoregun, after citing plethora of authorities, dismissed Clarence's
statement of defence and written address.
Upon dismissing Peters' statement of defence and
written address, the Justice ordered him to pay the sum of N5 million as compensation
and general damages.
The judge also ordered that the two musicians
remain the sole owner of the musical work titled: 'Make Money Flow', and also
restrained Clarence from using the musicians work without their consent.
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