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Nigerian Copyright Commission v. CVL Technologies Ltd.
Federal High Court

Judgement delivered on Monday, January 23′ 2012
Citation: 55 NIPJD [FHC. 2012] L/268C/2009
Case No. FHC/L/268C/2009  Jurisdiction: Nigeria

Judgement delivered by Justice Molokwu

Appearances: Douglas Najim for the Prosecution
E.C. Ojiako for the Accused

Copyright Infringement, Possession and Sale of Sound Recordings and Cinematograph Films, Illegal Sale of Optical Discs — The Federal High Court had to decide on the three-count charge of possession, making for sale or for trade 350 infringing copies of various sound recordings and cinematograph films and for being in possession of one thousand, three hundred and fifty infringing works in compact discs format in which copyright subsists in favour of various local and foreign artists.

I. FACTS

The accused,  CVL Technologies Ltd, were a registered optical disc plant company in Nigeria. They were charged before the Federal High Court in Lagos in 2009 on a three-count charge of making for sale or for trade and business, three hundred and fifty (350) infringing copies of assorted sound recordings and cinematograph film works; being in possession of plates, master tapes, stampers, machine, equipment or contrivances for the purpose of piracy; and also being in possession of one thousand, three hundred and fifty infringing works in compact discs (Audio CD’s and VCD’s) format in which copyright subsists in favour of various local and foreign artists.

The accused pleaded guilty to all charges.

II. JUDGEMENT

The accused was convicted by the Federal High Court in Lagos on all three counts. Justice Molokwu, delivering judgement on January 23, 2012 in an amended charge No. FHC/L/268C/2009, convicted the accused and imposed a fine of N114,000.

The case was prosecuted in collaboration with the International Federation Phonographic Industries (IFPI), and was transferred to the NCC from the Economic and Financial Crimes Commission (EFCC).

The Prosecution Counsel for the NCC was Douglas Najime Esq. while the Counsel for the accused was E.C. Ojiako, Esq.

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