Judgement on the case between KSA and the record company, African Songs, and its subsidiary TYC, was pronounced on Thursday as a Federal High Court, Ikoyi, Lagos ordered the two companies to pay Sunny the sum of N500 million as damages for infringing on his works with additional cost N3million for prosecuting the suit.
KSA said on Friday that the favourable judgement was all that mattered as he never for once doubted getting justice at the end. It took a long time, but it was worth the wait. Justice is sweet. I am grateful to God that it has finally happened. It is worth more than N500m to me as God has done things in my life that is worth more than that,” he said.
Also reacting, Mr Clement Ige, KSA’s business associate, said the landmark judgement has set a precedence in the entertainment industry. He urged artistes to be steadfast while seeking legal judgement against copyright infringement.
In a statement of claim before the court by Felix Fagbohungbe, SAN, in 1975, a contract dispute arose between Sunny Ade and the two companies culminating to a judgement delivered by Justice Dosumu. The court ordered the companies to return the master tapes of the original musical works produced by Sunny Ade and his Green Spot for the label back to him, but before the master tapes could be returned, Chief Bolarinwa Abioro, the chairman of the two companies, died. However, in a bid to retrieve the tapes, KSA dragged the two companies before a federal high court in Lagos in 1997.
Joined as co-defendants were; Lati Alagbada, Record Manufacturing Nigeria limited,Ibukunola Printers, Alhaja Awawu Ade Amodu and M.O. Alagbada, whom were alleged to have been using the master tapes of about 22 works to produce inferior qualities of his works and sell, thereby depriving him of his means of livelihood.
KSA demanded for damages in the sum of N1 billion jointly and severally, and prayed the court to order the two companies to return to him his master tapes, as well as restraining the defendants from infringing on his musical works.
In a defence and counter claim filed by the two companies,they claimed that since Sunny Ade has been paid royalties by the companies he cannot lay claim to the tapes again. According to them, the contract he signed with the two companies does not include returning of the master tapes to him. Consequently, they urged the court to award N5million against Sunny Ade and in their favour.
In his judgement, Justice James Tsoho, while dismissing the counter claim of the two companies for lack of merit, ordered the two companies to pay Sunny Ade and his band the sum of N500 million. He also ordered that the master tapes should be return to Sunny since it has been proved beyond reasonable doubt that he is the owner of the copyright.
Justice Tsoho also awarded N3 million cost against the two companies.
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