'Buhari Stole Our Idea', Says Bluelabs Limited - Politics (8) - Nairaland
Nairaland Forum / Nairaland / General / Politics / 'Buhari Stole Our Idea', Says Bluelabs Limited (12637 Views)
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| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by ejunkie(m): 5:00pm On Apr 01, 2011 |
@ honeric01 Copyright in Nigeria is regulated by the Copyright Act, Chapter C28, Laws of the Federation of Nigeria 2004, referred to hereafter as ‘the Act’. Section 1 of the Act lists the material or work that is eligible for copyright as literary works, musical works, artistic works, cinematographic films, sound recordings and broadcasts. The section provides further that literary, musical or artistic work will only be eligible for copyright where ‘sufficient effort has been expended on making the work to give it an original character;’ and ‘the work has been fixed in any definite medium of expression now known or later to be developed, from which it can be perceived, reproduced or otherwise communicated, ’ Section 2 confers copyright on every work eligible for copyright of which the author is an individual who is a citizen of or is domiciled in Nigeria; or a body corporate incorporated under the laws of Nigeria. Section 6 of the Act describes the general nature of copyright. According to this section, ‘copyright in a work shall be the exclusive right to control the doing in Nigeria , in the case of a literary or musical work, to do and authorise the doing of the following acts – i. Reproduce the work in any material form; ii. Publish the work; iii. Perform the work in public; iv. Produce, reproduce, perform or publish any translation of the work; v. Make any cinematographic film or a record in respect of the work; vi. Distribute to the public, for commercial purposes, copies of the work, by way of rental, lease, hire, loan or similar arrangements; vii. Broadcast or communicate the work to the public by a loudspeaker or any other similardevice; viii. Make any adaptation of the work; ix. Do in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-paragraphs (i) –(vii) of this paragraph.’ With regard to first ownership of copyright, Section 10(1) of the Act provides copyright shall vest initially in the author of an eligible work. Section 10(2) provides that where a work is commissioned by a person who is not the author’s employer, or not having been commissioned, is made in the course of the author’s employment, the copyright shall in the first instance belong to the author, unless otherwise stipulated in writing under the contract. Section 15 of the Act states that ‘copyright is infringed by any person who without the licence or authorisation of the owner of the copyright does or causes any person to do an act, the doing of which is controlled by copyright’. With regard to defences against an action for infringement, the Act provides in Section 16(3) that ‘if it is proved or admitted that an infringement was committed but that at the time of the infringement the defendant was not aware and had no reasonable grounds for suspecting that copyright subsisted in the work to which the action relates, the plaintiff shall not be entitled under this section to any damages against the defendant, ’(emphasis mine) ISSUES FOR CONSIDERATION 1. Is the Transformation Song eligible for copyright? According to the law, Yes, as it is an original work made by a Nigerian individual or company. 2. Who owns the copyright to the Transformation Song? According to the law, first ownership would vest in the Cobhams Asuquo Musical Production Company (‘CAMP’). However, it has been agreed in writing by Blue Labs (who commissioned the work) and CAMP (who produced the work) that copyright in the work is vested in Blue Labs. Therefore, Blue Labs owns the copyright to the Transformation Song. 3. Does the use by Buhari/Bakare and the CPC constitute infringement? According to the law, Yes. Blue Labs is currently vested with the exclusive right to broadcast, reproduce, publish or make any adaptation of the work. The Buhari/Bakare Campaign Organisation and the CPC have done with the Transformation Song what they would only have been entitled to do if they had obtained authorisation or a licence from the owner of the copyright to the Transformation Song (i.e. Blue Labs). 4. Are Buhari/Bakare and the CPC liable for the infringement? Yes. It is untenable for them to say that they had no reasonable grounds to suspect that copyright subsisted in the Transformation Song. The song has lyrics, so it must have been composed by someone. The lyrics in the song are set to music, indicating that it must have been composed by someone. Where there is obviously an author, and where thelyrics of the song suggest that it is actually a recent composition, it would be extremely tenuous to suggest that no reasonable grounds existed for suspecting that copyright subsisted in the work. CONCLUSION The facts of this matter and the relevant law are clear and leave very little room for controversy, in our opinion. As practitioners of intellectual property law, it is our duty to assist our clients in protecting their intellectual property rights when violated, regardless of when the violation occurred or who the violators are. In our opinion, given the law as it stands today, our clients (Blue Labs) have been wronged and there is a need for this wrong to be addressed. Rotimi Fawole Trenchard Partners Legal Practitioners Counsel to Blue Labs http://buharistoleouridea.com/art.php?id=6 |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by ejunkie(m): 5:01pm On Apr 01, 2011 |
@Honeric The Facts Blog Posted: 2011-04-01 If everyone that got cheated, laid back and sulked, how will justice prevail? While many Buhari supporters complain and insult us (understandably) here are the facts: 9th August 2010 - Bluelabs issued a brief to Cobhams Asuquo Music Productions (CAMP) to write and compose the transformation song. See the brief document 31st August 2010 - CAMP delivered the final version of the Transformation Song with lyrics to Bluelabs. See the release document 13th October 2010 - Bluelabs Published the song and video (Transformation - A youth revolution). www.transformationng.com 28 March 2011 - It came to our notice that Buhari Campaign had used the song without permission and gained favourably so, from the action 29th March 2001 - Travelled to Abuja to CPC HQ with our lawyers (Trenchard Partners) to discuss the issue amicably and deliver a cease and desist letter while demanding for compensation within 48 hours. 30th March 2011 - After all attempts to see Alhaji Wada Maida (CPC DG, Media) failed and after non-progressive to interaction with the CPC officials we came in contact with. We met with a friend (A sub committee member in the party) who promised to liase with the CPC and get back to us unfailingly by C.O.B 31st March. 31st March 2001 - (AM) Got contact from a Chike Madegbuna who claims to be in charge of the website team, and insists we have our facts wrong despite our submitted evidence and document unlicensed use of the work on all CPC official e-channels (Facebook, Twitter, Youtube). He asked to meet next week to discuss (We are still waiting) 31st March 2001 - (AM) We noted that CPC deleted the material from their official e-channels (facebook, website, twitter). This was done without notice to Bluelabs as was in accordance with the letters prepared by our lawyers and is viewed as an attempt to dispose of evidence. 31st March 2001 - Got contact from C.A.M.P that certain CPC personnel contacted them to obtain the rights to use the song (quite belated and dishonestly) 31st March 2001 - (PM) 48 hour notice issued to CPC expired without any official contact. 1st April 2011 - Our Lawyers initiated filing of legal proceedings with CPC in the courts. http://buharistoleouridea.com/art.php?id=7 |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by ejunkie(m): 5:02pm On Apr 01, 2011 |
@Honeric Rejoinder to Buhari/Bakare/CPC Campaign Rebuttal Blog Posted: 2011-04-01 1. Bluelabs, the lawful holder of the copyright in the TransformationSong, have at no time published the song on Youtube and are therefore not subject to Youtube’s terms and conditions of service. As previously indicated, the Blue Labs video was posted on transformationng.com. Therefore, Blue Labs have at no time whether by actual or deemed licence authorised any person to use the Transformation Song. 2. Even if the CPC claim their donor obtained the soundtrack from Youtube, Youtube’s Terms of Service provide in paragraph 6D as follows – “You further agree that Content you submit to the Service will not contain thirdparty copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YouTube all of the license rights granted herein.” AND THIS IS THE CRUX OF OUR GRIEVANCE!! Blue Labs never submitted the video to Youtube, is therefore not subject to their terms of service, and any user of their copyrighted material on Youtube infringes the Terms of Service of Youtube. 3. The maker of the video is irrelevant to whether or not the broadcast by the CPC on all its official e-channels constitutes infringement. The CPC for all intents and purposes is the broadcaster of the infringing video and is liable for its actions. It behoved upon the CPC Organisation to carry out due diligence before accepting such gifts from its supporters. 4. The excuse that other people have used the Transformation Song is akin to saying ‘we have all at one time or the other stolen, why is it my theft that hurts you?’ It is an argument that cannot stand the test of even rudimentary logic. The song was designed to be a campaign song – had any other political personality or entity used the song since it was produced? Are any of the other alleged videos canvassing political support? Most importantly, how does thealleged presence of these other videos amount to a waiver of all enforcement action? Bluelabs reserves its constitutionally guaranteed right to enforce its proprietary interests as it deems fit. http://buharistoleouridea.com/art.php?id=8 |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by meine: 5:05pm On Apr 01, 2011 |
Its really funny how some people are always ready to mortgage their souls for peanuts, OKAY we agreed that CPC has stolen your idea but why dont you head to the court to settle your problems rather your result to public assault. Its Clear PDP is ready to throw the kitchen sink but they should be careful cos they are just making the CPC look like a saint. THIS CLAIM IS FRAUDULENT AND SPURIOUS  |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by kennyitak: 5:12pm On Apr 01, 2011 |
stop the blackmailing.be well informed. http://buhari4change.com/?page_id=1771 |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by timbuktwo: 5:15pm On Apr 01, 2011 |
meine: exactly. typical petty nigerian opportunism. |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by deluxecad(m): 5:15pm On Apr 01, 2011 |
Buhari calling for war!   Wat a failure! |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by ejunkie(m): 5:16pm On Apr 01, 2011 |
@meine Good question about the court. Lets be objective. Papers filed with the court today, yeah? Guess what? no hearing day till after elections. Even though we are still pursuing this end, the fact is when injustice like this happens, best is to let the whole world know, why? So it serves as a case study for things like these. Furthermore social media is the real power the little guy has in these sort of matters, so it won't be sept under the carpet as has been done so far. Funny with the allegations of PDP. Why must we always blame it on somebody. Cry wolf, blame the villagers, the evil aunty, the black cat that crossed by. Why can't just be what it is. So a wrong has been done, they told you to buzz off!, refuse to acknowledge all gentlemanly communications, what do you do really? In any case, the release made by the CPC on its website and facebook about the matter further serves as evidence for court proceedings so all is not lost. |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by naso2(m): 5:18pm On Apr 01, 2011 |
head_to_to: Why are BB fans ignoring this question? |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by sleekymag(m): 5:18pm On Apr 01, 2011 |
MOST BB SUPPORTERS IN THE NORTH ARE IGNORANT AND CLUELESS, THEY SEE BUHARI AS THEIR 'BOKO HARAM' LEADER OF SOME SORTS, AND RALLY BEHIND HIM. EVEN RIBADU IS FAR BETTER. HOWEVER, THE ENLIGHTENED ONES, WHO HAS SEEN HOW NIGERIA HAS BEEN ALL THESE YEARS AND HAS SEEN GEJ'S EFFORTS SINCE ASSUMING LEADERSHIP OF THE COUNTRY CAN SEE HE'S ON THE RIGHT TRACK. DERAILERS THINK THEY CAN USE THESE ELECTIONS TO USURP HIM, BUT THOSE WHO REFUSED TO BE SWAYED BY VARIOUS POLITICAL NEWS AT THE ELEVENTH HOUR OF THE ELECTIONS KNOW THAT GEJ IS JUST THE BEST MAN TO TAKE US TO THE NEXT LEVEL. [size=8pt]GEJ 2011, GEJ ALL THE WAY!!! VOTE JONATHAN/SAMBO COME APRIL 9TH 2011.[/size] |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by sleekymag(m): 5:29pm On Apr 01, 2011 |
AND NOW OF COURSE, BAKARE IS JUST A TOOL, HE SHOULDN'T THINK HE'S LOVED BY BUHARI. THAT WOULD BE LIVING IN FOOL'S PARADISE, THE BATTLE IS ABOUT WINNING THE SOUL OF THE NATION, AND INSINCERE ALLIANCES ARE ONLY A MEANS TO AN END. IF YOU CAN SEE THROUGH ACTIONS AND INACTIONS, I TELL YOU BB IS NOT THE SOLUTION TO NIGERIA'S PROBLEMS. IF HE HAS THE INTEREST OF THE NATION AT HEART, AT 70RS OF AGE, HE SHOULD BE ENDORSING A CANDIDATE AND NOT RUNNING, JUST THE WAY TINUBU IS DOING. GEJ REMAINS OUR BEST OPTION FOR NOW, AND GLADLY, THE COMMON MAN ON THE STREET CAN SEE THIS. AT LEAST I KNOW FOR LAGOS, MOST PEOPLE ARE GOING FOR GEJ. STEALING INTELLECTUAL PROPERTY RIGHTS IS BAD IN ITSELF, AND IS A GOOD THING FOR BB TO BE HURT WITH THIS PROPAGANDA, HOWEVER, WITH OR WITHOUT SUCH NEWS AS THIS, BB IS JUST NOT A GOOD OPTION, PLEASE DON'T VOTE OUT OF SENTIMENTS OR WHERE THE WIND SWAYS. VOTE OBJECTIVELY, AND YOU'LL SEE, THAT GOD WHO EVEN ALLOWED GEJ ASSUME THE POSITION, WHERE NO ONE WOULD HAVE EVER GIVEN HIM THE CHANCE, IS THE RIGHT CANDIDATE. |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by fxtopedia(m): 5:31pm On Apr 01, 2011 |
ejunkie: FACT  Example of fact is: 1+2=3So I don't see your post as FACT. |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by sleekymag(m): 5:32pm On Apr 01, 2011 |
AND NOW OF COURSE, BAKARE IS JUST A TOOL, HE SHOULDN'T THINK HE'S LOVED BY BUHARI. THAT WOULD BE LIVING IN FOOL'S PARADISE, THE BATTLE IS ABOUT WINNING THE SOUL OF THE NATION, AND INSINCERE ALLIANCES ARE ONLY A MEANS TO AN END. IF YOU CAN SEE THROUGH ACTIONS AND INACTIONS, I TELL YOU BB IS NOT THE SOLUTION TO NIGERIA'S PROBLEMS. IF HE HAS THE INTEREST OF THE NATION AT HEART, AT 70RS OF AGE, HE SHOULD BE ENDORSING A CANDIDATE AND NOT RUNNING, JUST THE WAY TINUBU IS DOING. GEJ REMAINS OUR BEST OPTION FOR NOW, AND GLADLY, THE COMMON MAN ON THE STREET CAN SEE THIS. AT LEAST I KNOW FOR LAGOS, MOST PEOPLE ARE GOING FOR GEJ. STEALING INTELLECTUAL PROPERTY RIGHTS IS BAD IN ITSELF, AND IS A GOOD THING FOR BB TO BE HURT WITH THIS PROPAGANDA, HOWEVER, WITH OR WITHOUT SUCH NEWS AS THIS, BB IS JUST NOT A GOOD OPTION, PLEASE DON'T VOTE OUT OF SENTIMENTS OR WHERE THE WIND SWAYS. VOTE OBJECTIVELY, AND YOU'LL SEE, THAT GOD WHO EVEN ALLOWED GEJ ASSUME THE POSITION, WHERE NO ONE WOULD HAVE EVER GIVEN HIM THE CHANCE, DIDN'T PUT HIM THERE JUST FOR THE FUN OF IT, THERE IS A PURPOSE. GEJ IS ON THE RIGHT TRACK, LET'S GIVE HIM A CHANCE, HE IS THE RIGHT CANDIDATE. |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by Innocent3: 5:33pm On Apr 01, 2011 |
Idea Rules the World But, don't steal idea just to rule Nigeria, PERIOD! 31st March 2001 - Got contact from C.A.M.P that certain CPC personnel contacted them to obtain the rights to use the song (quite belated and dishonestly) Too bad! |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by fxtopedia(m): 5:38pm On Apr 01, 2011 |
In-no-cent: After reading your post, I cannot but to LMAO!!! BB all the way! |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by Nobody: 5:41pm On Apr 01, 2011 |
Up Buhari !!! |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by luluosas(m): 5:42pm On Apr 01, 2011 |
@ejunkie, CPC is wrong here and the ideal thing will be to do the honourable thing, apoogise and move on. This is what happens when you stomp you wait around Your likes will still be the first to castigate Buhari for stooping so low. You must have your head examined. Allegations that has not jet proven true, you want Buhari to accept it? You must be joking. |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by twinstaiye(m): 5:46pm On Apr 01, 2011 |
I had always said it that they are all devils. If they arent, how come the BB campaign cannot produce their own jingle songs, instead of relying on an existing song. The same people they are desperate to rule is the same they are now cheating on and justifying it at the same time. If you are like me, the devil you know already is PDP with GEJ, the God chosen as the Presidential candidate, why wasting your time on another devil in BUHARI who will later come with his own devilish act that WILL be worst than this one. Voting GEJ all the way jare. |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by fxtopedia(m): 5:52pm On Apr 01, 2011 |
twinstaiye: God cannot choose somebody that said he had not PLAN. |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by luluosas(m): 5:58pm On Apr 01, 2011 |
Take it or leave it, why are you crying fowl here on the net? Is this place your court room? Bushit. BB all the way. |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by Sunofgod(m): 5:58pm On Apr 01, 2011 |
Inec should consider disqualifying him for election malpractise.  |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by Nobody: 5:59pm On Apr 01, 2011 |
vote for Buhari / CPC |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by luluosas(m): 6:04pm On Apr 01, 2011 |
@Sun of godYou lied. Inec does not have the gut. Let them try first, then you will know that Nigerians cannot be intimidated. We have long pass that level. In fact, not even Jega will dream it because, his saying of nobody can manipulate him will be total disaster. In fact, you should be addressed as the son of the devil. |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by Sunofgod(m): 6:12pm On Apr 01, 2011 |
A man with little integrity - Thief. |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by fxtopedia(m): 6:20pm On Apr 01, 2011 |
Sun of god: Go and cry about those looting our treasury, hahahaha, I guess you are one of them |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by fxtopedia(m): 6:26pm On Apr 01, 2011 |
no presidetial aspirant can hold a candle to buhari=bakare :p |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by pek(m): 6:31pm On Apr 01, 2011 |
na_so:yes, accordings to the terms of youtube. It is as simple as that. Let me bring it to your notice that over 1 thousand songs are remixed everyday. These foreign stars u mentioned, how many times have they sued nollywood producers 4 using their songs as soundtracks? I repeat, if bluelab has a case, let them go to the court7 instead of opening up a website. It has PDP written all over it.Nobody is guilty util found guilty. They may end up facing libel charges. |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by naso2(m): 6:33pm On Apr 01, 2011 |
fxtopedia: If your principal can steal from little children who are just struggling to survive , then we can imagine what he will do to the treasury of the nation. |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by naso2(m): 6:37pm On Apr 01, 2011 |
pek: REALLY? Do foreign music stations pay royalties for tracks they play expecially when such tracks are already on yotube? |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by fxtopedia(m): 6:39pm On Apr 01, 2011 |
na_so: I pity your inductive reasoning, litle wonder you are supporting CORRUPTION! I see your comment as error of principle, LEL |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by naso2(m): 6:50pm On Apr 01, 2011 |
^^^^^^^^^ You guys are the ones blowing this out of proportion. A smarter campaign team would have accepted the error, and open avenues for some settlement. But in you craze to present BB as a "pope' who can make no mistakes even thru third parties are doing much more damage. |
| Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by debosky(m): 7:09pm On Apr 01, 2011 |
na_so: The question is moot - Michael Jackson is not suing the millions of people who have made picture montages with his music as the background on youtube - that is what this essentially is. An INDIVIDUAL, taking a freely available song and using it as backing music for his picture montage. The reasonable thing to do would be to get youtube to remove it - if after that it appeared on Buhari's website, then the claim of copyright infringement can arise. Dozens of websites LEGALLY link to youtube content and are never held culpable, even if the content of the links are copyrighted material. The links are simply deleted from youtube and the issue ends there. Unfortunately, Bluelabs' intent is not really to protect any perceived infringement but to score political points. |
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