A Federal High Court in Lagos has ordered Airtel Nigeria to pay ₦210 million in damages to veteran singer Veno Marioghae-Mbanefo after finding the telecoms company liable for the unauthorised use of her song, Nigeria Go Survive.
Justice Ibrahim Kala ruled that Airtel’s use of the musical work in advertising, promotional and telemarketing campaigns amounted to copyright infringement, as the company failed to obtain a licence or authorisation from the artist.
The court awarded ₦200 million in general damages and an additional ₦10 million as cost of the action. It also granted mandatory and perpetual injunctions restraining Airtel, its agents and representatives from further using the song, or any substantial part of it, for promotional purposes without proper authorisation.
Mbanefo had contended that Airtel’s commercial exploitation of her song violated her rights under the Copyright Act, noting that she was neither credited as the author nor compensated for its use.
The court held that the evidence established a valid claim of infringement.
However, it declined to order Airtel to account for profits allegedly derived from the use of the song.
