Music producer, Tempoe takes Asa, P.Priime and others to court over copyright issues related to two songs
Nigerian music producer Tempoe has obtained an injunction against veteran singer, Asa, hit producer P.Priime, Platoon limited, and RUE 11 limited, to desist from further using and promotion two songs off ‘V.’
An obtained document shows that one of Nigeria’s biggest music producers, Tempoe, obtained an order of interim injunction against injunction from a Federal High Court sitting at Ikoyi, Lagos against singer Asa, music producer P.Priime, music distribution company, Platoon, and RUE 11 limited.
The order was instituted over two songs, ‘IDG’ featuring Grammy-winning superstar, Wizkid, and ‘Love Me or Give Me Red Wine.’ Both songs were released as part of Asa’s 12-track fifth studio album, V.
It is alleged that Tempoe originally produced the two songs. But when an agreement could not be reached as regards rights and financials around one year ago, Asa allegedly sought out another hitmaker, P-Priime to produce the version of the respective songs, which made the album.
Platoon, a distribution company, is part of the suit because they act as a label services company, which has rights to the album, ‘V.’ Thus, any decisions stemming from the album affects them and their investment. Pulse also gathered that before the issue became subject to legal settlement, Platoon was notified about claims of an infringement, but it proceeded to release ‘V,’ with the two songs on the album.
It appears that P-Priime is a party because he was contracted to make two songs, and he proceeded to do his job. But this also affects him, because he earns from the two songs.
Content of the order: In the document numbered FHC/L/CS/262/2022, the plaintiff (Tempoe) made the following prayers in a Motion Exparte filed on the July 1, 2022;
AN ORDER OF INTERIM INJUNCTION restraining the Defendants/ Respondents jointly or severally whether by themselves, their assigns, agents, and servants howsoever from further distributing, offering for sale, performing any of the said musical works titled ‘IDG’ and ‘Love Me or Give Me Red Wine’ in whatever manner pending the determination of the Applicant’s Motion on Notice.
AN ORDER granting leave for the Plaintiff/ Applicant to publish a copy of the enrolled order that may be made pursuant to this application in at least one (1) national newspaper circulating in Nigeria.
AND for such further order(s) as this Honorable Court may deem fit to make in the circumstances.
UPON READING through the said Motion, its supporting Affidavit of four (4) paragraphs deposed to by Gboyega Aina, Adult, Male, Nigerian of Osuntuyi & Tokan – Lawal Law, 19A Akinosivemi Street, Ikeja, Lagos as exhibits marked “TI-T7” attached thereto and Written Address signed by Adefoworola Tokan• Lawal Esq. Counsel to the Plaintiff/ Applicant all filed at the Federal High Court Registry Ikoyi Lagos on the 1st day of July 2022.
What the court held: After hearing Osuntuyi Esq., Counsel to the Plaintiff/Applicant move in terms of the motion paper. And having carefully considered the application and submission of Learned Counsel, the presiding judge, P. O. LIFU UP found that;
That the Defendants/Respondents are hereby restrained whether by themselves, their assigns, agents, privies and servants or anyone acting on their behalf from further distributing, offering for sale and performing any of the said musical works titled ‘IDG’ and ‘Love Me or Give Me Red Wine’ in whatever manner pending the determination of the Applicant’s Motion on Notice already filed which shall be served on the Respondents within seven (7) days from today.
That leave is hereby granted to the Plaintiff/Applicant to publish a copy of the enrolled order herein made in at least one (1) national Newspaper circulating in Nigeria.
That due to the impending Court annual leave, the return date for the hearing of the Motion on Notice is herein fixed against the 26th day of September, 2022.
The document was “Issued at Lagos, under the Seal of the Court and by the hand of the Presiding Judge, this 20th day of July, 2022.”
Meaning of an interim injunction: As the word ‘interim’ suggests, it is a preliminary order, made by a court of competent jurisdiction, to prevent someone from doing something, until there is a full trial to solve the disagreement, from whence the injunction could become perpetual.
In this particular case, it was sought by Tempoe’s team, to prevent Asa, Platoon, P-Priime and Rue 11, from further publicizing, using or earning from the two aforementioned songs.