Monrovia – The Civil Law Court at the Temple of Justice will on Thursday morning, June 6 commence hearing into a lawsuit filed against Lonestar Cell/MTN and Sweet Sound Production Inc for an alleged copyright violation.
Complainant Peter Jomah and Denise Jomah makers of the Ah-Daya are claiming over US$6 million from the company on an action for damages for wrong for copyright.
The pair claimed that they are publishers and artists respectively for the album titled “AH-Daya” which was released in 2014.
The album was released and registered with the Liberia Copy Rights Office/ Intellectual Property Authority in February 2016 along with other legal entities.
Both the publishers and artistes alleged that immediately upon the release of the album in 2014, many people and organizations began expressing interest in the songs and a meeting was held in June 2015 to set the appropriate use or license fees as local or domestic commercial use rate, record label/ Liberia Company US$10.00 or its equivalent, entertainment & tourism business/Liberian US5,000 or its Liberian equivalent.
Other fees include regional and international commercial use rate, record label US$75,000 or its Liberian dollars equivalent, entertainment & tourism US$25,000 or its Liberian dollars equivalent local and international telecommunication, television and cable network capable of transmitting electronic signal or other means locally and or internationally US$500,000 or its Liberian equivalent.
According to the complainants, the Company and Sweet Sound Production as both defendants jointly and individually having access to the work broke the digital protection encrypted to prevent unauthorized copying or manipulation of plaintiff’s album.
The pair (company and Sweet Sounds) as conspirators or as agent and principal instituted a willful and deliberate campaign against the complaint’s rights by using state of the art or sophisticated computer programming techniques, continually, produced and distribute illegal derivate works of the complainant.
The Two complainants are claiming that the 1st & 2nd defendants stored the infringing contents or products of their work on 1st defendant Lonestar network from its location, they distributed and publicly perform the songs to subscribers on 1st defendant network” said the complaints.
“Wherefore and in view of the above facts and laws, complaints pray for judgment jointly and individually against the 1st and 2nd defendants as follows, US$505,875.00 as special damages, special damages to cover license US$504,965.00, general damages,” states the lawsuit filed on behalf of the complaints by the Gongloe and Associate Law Inc.
Responding to the complaint, Lonestar Cell/MTN through its legal counsel Cllr. Emmanuel Reeves in association with the Dunbar and Dunbar Law Offices asked the court to ignored and dismiss the case.
According to the defendants, it is without knowledge certain to confirm neither deny the assertion of the complainants to know when the album was released and whether many people and or organization express in complainants’ songs and how they derived at the cost as it relates to local or domestic commercial use rate.
“Wherefore and in view of the foregoing facts and circumstances, defendants most respectfully pray this honorable court to dismiss complaints complain in its entirety and grant unto the defendants all and further relief deemed proper, legal just and equitable in the premises,” said the defendants’ lawyer Reeves.
