DailySun Newspaper Accused of Copyright Infringement, Lawsuit Filed

SUN PUBLISHING LIMITED

October 26, 2016 —  In May, we reported that the DailySun Newspaper had been accused of “illegally and criminally publishing” a photograph in the newspaper’s May 25, 2016 edition on its dating ‘Sun Girl’ page. DailySun allegedly published the photograph of Ms. Akinyemi Temitope, a student of Delta State Polytechnic with the name ‘Sadiyat’ and telephone number 09057312447.

Earlier this month, Ms. Akinyemi filed Suit No. FHC/WR/CS/87/16 formally accusing the DailySun of Copyright Infringement.

“On March 12, 2016, the Plaintiff created or made a photograph by taking a snapshot of herself with her cellphone.

On May 25, 2016, the Plaintiff received a series of telephone calls from friends all over the world drawing her attention to her photograph published by The DailySun at page 3 of the newspaper with the name SADIYAT under the heading ‘SunGirl’, with a strange phone number. Plaintiff’s attention was also drawn to the online publication of the aforesaid photograph by the DailySun newspaper on its website www.sunnewsonline.ng on 25/5/16

SUN GIRLThe Plaintiff (Akinyemi, Temitope) claims that copyright subsists in the Plaintiff’s photograph published by the Defendant (The Sun Publishing Limited) on page 3 of the DailySun Newspaper of 25/5/2016,  volume 12, Number 3413 bearing the name ‘SADIYAT’ with the Telephone No. 09057312447 under the heading SunGirl as the said photograph was taken, made and/or produced by the Plaintiff.

The publication of the said photograph in the specified edition or issue of The DailySun newspaper of 25/5/2016 without the consent or authorization of the Plaintiff constitutes an infringement of the copyright of the Plaintiff in the said photograph.

The unauthorized use of the Plaintiff’s Photograph by the Defendant for its commercial benefit without the consent or permission of the Plaintiff with a false name and wrong GSM number is wrongful and amounts to derogatory use and violation of the Plaintiff’s moral right in the said photograph.”

The Plaintiff claims to have suffered ridicule, emotional distress and trauma as a result of the publication. She is seeking the sum of N300,000,000 as general damages, N200,000,000 as special damages, and N25,000,000 as aggravated and punitive damages for the unlawful and flagrant infringement of her copyright.

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