Consumer Rights: Court awards damages against Coca-Cola for copyright infringement

*The Federal High Court has ordered Coca-Cola Nigeria Plc and its bottlers, Nigeria Bottling Company, to pay N3 million damages for infringing on the copyright of a plaintiff’s creative idea and work without his consent, licence and authority in Kwara State

Isola Moses | ConsumerConnect

The Federal High Court, in a ruling, explained that registration of copyright or an idea is “not precondition to protection of copyright”, as it slammed a N3million fine on Coca-Cola Nigeria Plc and its bottlers, Nigeria Bottling Company (NBC), for the loss certain Abdulmumineen Onilemarun, the plaintiff, had incurred.

It was gathered Justice Daniel Osiagor of the Federal High Court, in his ruling on the suit, recently ordered the leading beverages company and the NBC to pay Onilemarun the damages for copyright  infringement.

Justice Osiagor particularly ordered the defendants to pay the plaintiff the sum as a compensation for “using his calendar work on fasting time for Muslims in Kwara State, during the Ramadan period without his consent and authority.”

Onilemarun, in his application, had accused the defendants of infringing on his work by using the calendar work in the Ramadan timing for dawn meal and breaking of fasting in Kwara State, 2014 and 2015 without his consent, licence and assignment.

Plaintiff’s reliefs

The plaintiff also, had prayed the Nigerian court to grant in his favour the following reliefs: “An award of damages of N10 million against the defendants for infringement of copyright by way of unlawful reproducing unlawful publishing and unlawful distributing of his copyright work in the Ramadan Timing for Dawn Meal & Breaking of fasting for Kwara State, 2014, without his consent, licence and assignment.

“An award of damages of N10 million against the defendants for breach of confidence of secret information and his secret idea for making accurate Ramadan timetables by using the said information and idea in producing Coca Cola Ilorin Ramadan Timing June/July 2015 in the course of their trade.”

Onilemarun further urged the court: “As well as for infringement of copyright by way of unlawful reproducing and unlawful publishing of substantial similarity of the plaintiff’s particular method in the copyrighted work of the Ramadan Timing for Dawn Meal and Breaking of Fasting for Kwara State, 2015, without his consent, licence and assignment.

“An order of accounts of profits made by the defendants, in Kwara State, between June 29, 2014 and July 28, 2014 as well as between June 17, 2015 and July 16, 2015.

“An order sharing to him 40 percent of total profits made by the defendants in Kwara State, between 29th June 2014 and 28th July 2014 as well as between 17th June 2015 and 16th July 2015.

“And the award of the costs of this action against the defendants.”

Defendants’ arguments

However, the defendants, through Peter Agboola, their lawyer, also urged the court to dismiss the suit for lacking merit.

During the trial of the suit, the defendants further contended that for a work to be eligible for copyright, such work must be original, in that sufficient effort must have been expended on making the work have an original character.

They as well submitted that there was no evidence before the court of the original work published by the plaintiff, which they allegedly, had violated.

Likewise, the legal counsel noted the plaintiffs maintained that there was no agreement or contemplation of any agreement for compensation because the calendars were not used for any economic purpose, but for the educational purpose of the Muslim community during the time of Ramadan in Kwara State, report said.

Court judgement on copyright infringement

Justice Osiagor, however, in his ruling stated the fact that a copyright or idea is not protected if it is not registered with the National Copyright Commission (NPC) “is very misconceived as copyright does not inure in plaintiff’s favour only upon registration.

“It is trite that, Registration of copyright is not a precondition to the protection of the copyright.”

Justice Osiagor, in his judgement, raised only an issue for determination: “Whether the Plaintiff’s claim of copyright has been proved to deserve protection and be entitled to the reliefs sought?”

In determining the above, the Judge held that “the plaintiff’s suit is founded on his literary work, ‘Ramadan Timing for Dawn Meal for Breaking of Fasting for Kwara State’, and that Section 51 of Nigeria’s Copyright Act recognises literary works to include novels, stories and poetical works, letters, reports, memoranda, lectures, addresses and sermons, and written tables or compilations.

Justice Osiagor, therefore, held “from the above definition, a compilation of the ‘Ramadan Timing for dawn meal for breaking of fasting for Kwara State’ is a literary work I hold.

“Defendant’s argument that the copyright certificate of the Plaintiff does not protect any literary work as none was submitted to the Nigerian Copyright Commission, tiled, ‘Ramadan Timing for dawn meal for breaking of fasting for Kwara State’ is very misconceived as copyright does not inure in plaintiff’s favour only upon registration.”

The Judges further stated: “It is trite that, Registration of copyright is not a precondition to the protection of the copyright. See Zain Nigeria.

“TY XTRA Productions Ltd & Anor (2021) LPELR 3534 (CA).”

The Judge said: “The plaintiff is entitled to damages, which will fully compensate him for his loss. See the Hebridean Coast (1960) 2 ALL E.R 85.

“The court awards the sum of N3 million as general damages in favour of the Plaintiff for infringement of his copyright.”

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