LawPavilion Online


Back

PERFORMING AND MECHANICAL RIGHT SOCIETY LTD/GTE v. SKYE BANK PLC & ORS

(2017) LPELR-43198(CA)

In The Court of Appeal of Nigeria

On Friday, the 27th day of October, 2017

CA/L/846/2009


Before Their Lordships

MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria

YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria

UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria


Between

PERFORMING AND MECHANICAL RIGHT SOCIETY LTD/GTE (PMRS) - Appellant(s)

AND

1. SKYE BANK PLC
2. MUSICAL COPYRIGHT SOCIETY OF NIG/GTE (MCSN)
3. MECHANICAL COPYRIGHT PROTECTION SOCIETY LTD - Respondent(s)


Summary

INTRODUCTION:
This appeal borders on Copyright.

FACTS:
This is an appeal against the Ruling of the Federal High Court, Lagos Judicial Division.

In Suit No. FHC/L/CS/1049/06, filed before the Federal High Court, Lagos, the 2nd and 3rd Respondent had claimed declaration, injunction and damages against the Appellant and the 1st Respondent for alleged infringement of the copy right to a musical work in respect of which they are assignee and holder and owner and assignee, respectively.

Both Appellant; by way of preliminary objection dated 26th of June 2007, and the 1st Respondent; by a way of a motion on notice dated 23rd of April, 2007, challenged the jurisdiction of the Federal High Court (the trial Court after now) to entertain the Suit.

The preliminary objection and the motion were taken and heard together by the trial Court and in a Ruling delivered on the 8th of April, 2009, the trial Court held, inter alia, that:
"Because, the plaintiffs are not a collecting society but have said they are the owner, assignee and exclusive licensee of the copyright, they need not call Section 39 to play and consequently, they cannot be said to have acted illegally by not complying with the provisions of the said sections."

Dissatisfied with the above finding and decision, the appellant appealed to the Court of Appeal.

ISSUES:
The Court considered the following issue in the determination of the appeal:

1. Whether the Trial Judge was right in holding that this case was not governed by Section 17 and 39 of the Copyright ACT LFN 2004.


DECISION/HELD:
In the final analysis, the Court of Appeal in a unanimous decision dismissed the appeal.


Read Full Judgment