Justice M Idris of the Federal High Court, Lagos has ordered Multichoice Nigeria Limited  to give and file an undertaking within seven days  to pay damages to  Musical Copyright Society Nigeria (MCSN) should it be found that  the interlocutory order it is seeking to  restrain the society from demanding for payment for  the use of works in its repertoire without permission.

He gave the order moments before fixing hearing on March 15, 2012 for the hearing in Suit No.FHC/L/CS/1091/11, filed by Multichoice Nigeria Limited seeking declarations of the court to restrain the Musical Copyright Society Nigeria (MCSN) from demanding for royalty payments and counter claim of N5 Billion filed by MCSN against Multichoice Nigeria for the use of  works  in the MCSN’s repertoire in the Pay TV outfit’s programming.

Justice M. Idris on Tuesday, February 21, 2012 fixed the date for hearing the suit after listening to the Plaintiff’s/Defendant to the Counter Claim’s (Multichoice’s) argument on a motion seeking for interlocutory order praying the court to restrain MCSN from disturbing its business pending the final determination of the suit.

MCSN’s Counsel, Mr. Olumide Ekisola of Adejumo Ekisola & Ezeani, did not oppose the Multichoice Nigeria’s motion but demanded that it (Multichoice) be made to give and file an undertaking to pay damages to MCSN should it be found that the order sought ought not to be granted.

Justice Idris, then directed the Plaintiff/Defendant to file an undertaking as to damages and serve the same on the Defendant/Counterclaimant (MCSN) within seven days.

It would be recalled that  following the demand notice of N4.1 BILLION  sent by MCSN  to Multichoice Nigeria for the exploitation of works in its repertoire in the broadcasting activity of Multichoice in Nigeria without its (MCSN’s) licence or authority, Multichoice went to the Federal High court demanding that the court should issue declaration that the company is not obliged to pay any monies or otherwise to  MCSN, “as royalties or other payment for materials used in programming or content in the DSTV bouquet unless MCSN is licensed by the Nigerian Copyright Commission”.

MCSN filed a defence claiming that it is the owner, assignee and exclusive licensee of the proprietary rights (copyright) in the works broadcast, distributed and communicated to the public by Multichoice Nigeria in its business operations within the territory and as a property owner, it has the constitutional right to enjoy the benefits arising from the exploitation by others of its property.
MCSN also counter claimed for the sum of N5 Billion against Multichoice Nigeria for unauthorised broadcast, distribution and communication to the public of works in its repertoire by Multichoice Nigeria since the company started operations in Nigeria over a decade ago.