Copyright infringement: Court Orders Service Of Court Processes On Nollywood Producer, Others
Justice Ibrahim Buba of the Federal High Court in Lagos yesterday ordered parties in a suit accusing Nollywood Producer, Omoni Oboli of copyright infringement on the movie “Okafor’s Law” to exchange processes filed in the matter through emails.
Justice Ibrahim Buba directed that advance copies of the processes be served on counsels by email, so as to ensure that the justice of the case is achieved in good time.
The judge had on March 24, granted an interim order, stopping the premiere of the said “Okafor’s Law” scheduled to hold on the evening of same day.
The court order also restrains the release of the film scheduled for March 31.
The judge further suspended the release and launch of the film, in any movie theatre or Cinema house on March 31, pending the determination of a motion on notice before the court.
He had also issued an Anton piller Order (order to enter and seize) to seize all copies, materials, projections or infringing materials, relating to the subject matter.
Justice Buba granted the orders based on an exparte application filed by a company Raconteur Production Ltd, on behalf of a Canada based script writer, Mr Jude Idada, seeking same reliefs
Joined as defendants in the suit are: Dioni Visions Entertainment Ltd, Omoni Oboli, and The Filmone Ltd.
At the resumed hearing of the case on Wednesday, a former President of the Nigerian Bar Association, Augustine Alegeh (SAN) announced appearance for the the first and second defendants.
In the same vain, Mr Yomi Awotunde announced appearance for the third defendant, while Mrs O Otudor appeared for the plaintiff.
Otudor informed the honourable judge that she had received the counter affidavit for the first and second defendants, but had yet to receive any processes from the third defendant.
The lawyer told the court that counsel to the first and second defendant had just served their counter affidavit on her in the courtroom, adding that she required time to study and respond to same.
She, therefore, urged the court to grant adequate time to allow the plaintiff file a reply.
But Alegeh prayed the court to order a speedy hearing of the motion on the grounds that the exparte orders had stalled the premiering of the film on March 24.
The former NBA president maintained that the movie had been premiered in Toronto and Stockholm in 2016, adding that it’s launch had been billed for March 31 (Friday), and so, a speedy hearing of the motion on notice would be eminent.
After listening to the submissions, Justice Buba abridged time for hearing of the motion on notice, to March 30, adding that he was concerned with achieving the justice of the case.
The judge consequently, directed plaintiff’ counsel to ensure that advance copies of its processes are served on the defence by email, so as to ensure that the motion is heard without hindrances.
He, therefore, fixed March 30 for hearing of the motion by 10am.
Idada had lays claim to the film “Okafor’s Law” as his intellectual property, and had accused Oboli of copyright infringement.
He added that she had stolen his story idea for the movie in September 2016, adding that Oboli took the work he had done regarding “Okafor’s Law”, and developed it without giving him due credit.
He avers that the producer went ahead to set March 31, as a release date for the movie, inspite of a demand letter sent to her, as well as a copyright infringement suit instituted.
Meanwhile, in a counter affidavit, deposed to on behalf of Dioni visions Ltd by one Tomi Adeoye, she avers that sometime in 2014, the second defendant (Omoni Oboli) came up with the story idea of “Okafor’s Law”.
She explained that “Okafor’s Law” is a principle in which ex lovers could always rekindle their love or relationship, even after they are married to other partners.
She said that in accordance with Nigerian Law, both Oboli and her company (Dioni Visions) proceeded to register the film with the National film and video censor board.
She said that having secured their legal right to the said film, they contracted Jude Idada to write the screen play for a fee of N750,000 although no written contract was executed.
According to the deponent, Oboli later had a meeting with Idada, where she revealed to him the story idea and concept of “Okafor’s Law”, to enable him have a good grasp of the subject for a proper development of the screen play.
She averred that when Idada was contacted thereafter, he claimed that the work he had done on the film was lost when his computer was stolen in Uganda, and promised to re-write the screenplay.
The deponent averred that when several attempts to reach Idada for the script failed, they decided to write the screen play and thereafter produce the movie Okafor’s Law.
The defendant therefore, avers that jude Idada is not the owner of the story and idea of “Okafor’s Law, and does not posses any copyright in respect of same.