THERE IS NO COPYRIGHT IN IDEAS

For any literary or artistic work to be eligible for copyright, the work must be fixed in a definite medium of expression now known or later to be developed, from which it can be perceived reproduced or otherwise communicated either directly or with the aid of any machine or device.

 

As was graphically illustrated in the story of Emeka and Chike told in Saturday Breakfast of June 15, 2019, copyright does not protect ideas.  For any work to enjoy copyright protection, the ideas must have been put into a tangible form.  In other words, the work must be on paper, tape, disc, film, etc. As far back as 1938, in an old English case of Donoghue v. Allied Newspapers Ltd, Judge Farewell said, "this, at any rate, is clear beyond all questions that there is no copyright in an idea or in ideas".

 

In a much earlier case of Hollingrake v. Truswell, Lord Justice Lindley said, "copyright, however, does not extend to ideas, or schemes, or systems, or methods; it is confined to their expression; and if their expression is not copied, the copyright is not infringed.

 

Why is it necessary for an idea to be fixed before it is eligible for copyright protection?  Put differently, what will be the consequence if ideas were granted copyright protection?  It seems clear that it will result to something close to legal anarchy because anyone will be free to lay claim to any ideas that meets his fancy and demand legal rights to such ideas.  In what practical way can such a claim be disputed? If an idea is not required to be put in a tangible form, how can anyone say with certainty that the idea for the mega hit, Sweet Mother did not originate from this author instead of the late Prince Nico Mbarga? 

 

Judge Farewell in Donoghue v. Allied Newspapers Ltd³, said that in order to obtain protection, an idea must be expressed in a definite medium because it ensures certainty in the subject matter and avoids injustice to the rest of the world.

 

Furthermore, it goes without saying that Equity does not protect the indolent.  Anyone who wishes to enjoy some legal rights should be prepared to take some practical steps to enjoy such rights.  Having an 'idea' is not enough to enjoy copyright protection, practical steps must be taken to write down, record or fix such an idea in a definite medium of expression.

 

In the case of Tate vs. Thomas, one Peterman conceived the idea for a play, "The Lads of the Village" and asked the three plaintiffs to compose the music and write the lyrics and dialogue. This they did to the satisfaction of Peterman who paid for the services of the plaintiffs. In an action for infringement, the defendant, Thomas claimed to have acquired the film rights from Peterman. Justice Eve however held that Peterman was neither the author nor a co-author of "The Lads of the Village" and had no copyright to assign. He only had an idea! The arrangement with the plaintiff only gave him the right to produce the play on stage as long as he made the agreed payments to the joint author.

 

Similarly, in 1983, this author produced the recording of a popular song in Nigeria titled "Baby Kilode?" performed by a young Nigerian singer, Dizzy K. Falola. Not long after the release of the record which received critical acclaim, another well- known Nigerian artiste, the late great Harry Mosco claimed that he had asked Dizzy K. Falola to write a song with the title, "Kilode" for him.  In other words, he claimed that he had conceived the idea for Baby Kilode? and that his rights had been infringed. For weeks, there was sustained controversy over this development which almost torpedoed the success of the song as Dizzy K. Falola claimed that he had not infringed Harry Mosco's copyright as the copyright in "Baby Kilode" belonged to him. The controversy began to die down only when knowledgeable people in the music industry intervened and explained to Harry Mosco the legal maxim, there is no copyright in ideas.

 

Please tell anyone who cares to know, there is no copyright in ideas.

 

The foregoing, in my series of copyright lectures in "Saturday Breakfast", is adapted from my book, "Copyright & the New Millionaires" A hard copy of the book can be obtained at TOPS LTD, 8 Tokunbo Alli St, Off Toyin Street, Ikeja. You may also call Edith on 0803 849 6110. I hope you found the piece informative.

 

See you next week.

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SHOULD I STEAL TO MAKE MY FRIENDS HAPPY?

If my cell phone rings ten times, you can be sure that seven times, the guy on the other side has a problem waiting for me to solve. I don't get fooled anymore if he spends quite some time asking about the wife and the children and work and weather and the economy.

Patience… he will get to it. You are the only one who can save the situation. His landlord is on his case and he needs money urgently to settle the very troublesome landlord or to pack to a new place. The children are at home because of 'ordinary' eighty thousand naira to pay their school fees. The wife is in hospital and if you do not intervene, she might die there! There is not even one cup of garri at home and he does not know what to do.

Believe me, the situation in the land is that serious. The guy on the on the other end does not have to be your brother, cousin, old friend or former classmate. You probably never heard of him but it does not matter. Somehow, he has your number. What do you do? Tell him to go to hell and switch off? Let him know that you are struggling too? Of course, he will not give up and will tell you "I am sending you my account number. Just do something". After all, like a friend of mine would say, "half bread is better than groundnut" or better put in the famous words of my guy, Segun Arinze, 'at all… at all, na him bad!"  If after trying, his hook does not catch immediate fish, then he would ask you, 'when do I hear from you?'. Guy, you have just acquired a new customer.          

I do not want to make light of the difficult situation people in the land are facing. Times are tough and there are many with genuine problems that we should address if we have the means. There are also many who have graduated with honours from the University of Begging. From Monday to Sunday, they are on the phone with a list of numbers telling their tales of woe.

If you have a job that once in a while puts your face in a newspaper or on television, you are in trouble. The assumption is that you have a big carton of money around you to dispense and each time you do not give, you are being tight fisted or like some young ladies will say, 'the man na Aradite, in fact, na Super Glue!". You want to blame my people? When they see the billions and zillions that public officers in our land steal and get away with, there is this huge assumption that everyone in Nigeria that has been associated with some kind of leadership has some money in a soak-away pit.

I know some of my kinsmen who loath me because I have not erected a glittering mansion in Lagos. In their thinking, 'he should have a house worthy of the positions he has held'. I understand them. In our world, the achievement of a man is measured by the size of his house and the money he donates in public and not by his intellect, character or his contribution to the development of mankind.

Yes, I once served on a Federal Government Board. My allowance was the tidy sum of fifteen thousand naira. Please, how many times would I multiply fifteen thousand naira and build a mansion with it? In my other situations, I have been an advocate, mostly unpaid. I once had to say that I spend eighty percent of my time working for free and twenty percent, working to earn a living. But in Nigeria, it does not matter. Everyone believes that once you hold a position of leadership, you have a duty to conjure something under the table and you are expected to distribute the loot to your friends and kinsmen. That is how they get their share of the national cake. In our land, the dominant position is that you are an imbecile if you hold public office and you do not loot.

My biggest problem over the years has repeatedly been with close friends who verily believe that I must be cooking 'something' and I am just being smart in keeping it away from them. Because of the prevailing culture, it is difficult for many to believe that there are citizens of Nigeria who do not steal.

I have told this tale before of how I had been invited to the EFCC office in Lagos while Ribadu was Chairman, to respond to some crazy allegations made about my tenure as President of PMAN. The EFCC had just been set up. I met some very bright officers at the EFCC. My impression before then of law enforcement in Nigeria was garagara, crudity and brute force. I was really impressed by the professionalism and thoroughness with which the gentlemen at the EFCC went about their work.

The people who reported me to the EFCC were people I had once considered to be my friends. They thought I was 'chopping alone' and swore to deal with me. The officers at EFCC left no stone unturned in search of the truth. They went back ten years to obtain PMAN cash books, records of PMAN accounts in different banks, information filed by PMAN with the Registrar of Trade Unions under my tenure, etc.

In the final days of their investigation, the EFCC officials brought me and my accusers into one room with accountants, auditors, bank officials and former PMAN executives and for an entire day went line by line through practically every financial transaction during my tenure. Nothing escaped their attention. At the end of the day, no one could show how I stole one Naira from PMAN and the EFCC officers shook my hand and asked me to go. While my accusers drove away in a fleet of choice SUVs, I left the EFCC in my only car of the time, a Tokunbo Mercedes Benz 190 which had only three of the four cylinders working. I was tired but proud that not one word I spoke could be impeached.  Today, once again, I go through a similar experience.

I feel sorry for our country men who try to make sense of the horror film called Nigeria. While Nigerians shout about corruption, they don't mind corruption as long as they are the beneficiaries. They don't care how much anyone steals as long as they can get part of the loot. Believe me, there are people waiting right now to show Buhari's yet to be appointed ministers how to steal money from government so that they can benefit.

Please, should I steal to make my friends happy?

See you next week.

AND SANWO OLU SCORES A GOAL!

 

Do we need to make a law compelling anyone elected to any office in Nigeria to name his cabinet within two weeks of being sworn in? I had thought that if you were seeking to be elected to some office, you would have identified most of the people you intend to work with to deliver the promises you are making.

 

Across the nation, the appointment of ministers and commissioners seems to have become rocket science, a very big deal! The president can't name his ministers, the governors can't name their commissioners and the nation is in suspended animation or if you prefer, in limbo. I am not sure that anyone is calculating the huge price that Nigeria is paying because not much is getting done. The horse trading, consultations and considerations required to pick a few good men to head our government departments appear to be beyond the capabilities of the men we have elected.

 

That is understandable because of the winner takes all kind of politics we practice. Holding office in our land is not considered to be about service. It is the password to unimaginable riches and comfort. Our politicians believe that if you do not have a pipe to government allocation, you are in very big trouble. You are indeed a dead man walking. So, everybody is involved in the intense haggling for who controls which ministry. If your guy becomes minister in an area of interest to you, you are made. If on the other hand, your adversary makes it to the ministry you depend on for your bread and butter, hunger and possibly death will be staring you in the face. So, you think you are smart and became governor due to your skills? Woe betide you if you do not take care of your political godfathers. Ask Akinwunmi Ambode what happened to him.

 

Last week, in this column, I cried over the agony a lot of us living in Lagos have had to go through in recent weeks because no one appears to be dealing with the mad traffic situation in Lagos. Lagos, like many states, has no commissioners. In the last several weeks what we have seen in Lagos is not the infamous traffic jam. It has been anarchy. It has been mayhem.

 

Last week, I gave a specific example of what I personally have had to undergo. And I wrote, "I live in the part of Lagos that to get to work in Ikeja, I have to pass through a place called 'First Bridge' along the Lagos – Abeokuta Express way. Two months ago, the journey between 'First Bridge' and the ramp by the domestic airport in Ikeja took an average of ten minutes.

 

"Every day now, it takes anywhere between two hours and three hours to get from
First Bridge to the airport. That is about the time it should take you to travel from Lagos to Benin City! After the stress, the pollution, the breakdowns, the cursing and the quarrelling, you are of no use to anyone, not yourself, not your job and most certainly, not the economy. If you have a flight to catch, you will be watching the plane in the air from the window of your car. If you have a meeting, better do it on the phone.

 

"To get back home, I have to do the U turn between the Airport Bus Stop and PWD. What happens at that U Turn every evening is absolute commotion. No one and no system is in charge. Your patience is tested beyond breaking point and if you survive it without your car being bashed up, you wriggle to Ikeja "Along" where you see a sea of Nigerians in peace time trekking to get to where ever, some with heavy loads on their heads. Believe me, it is like a scene from a theatre of war. This is happening every day. To be candid, I am frightened to leave home these days".

I woke up yesterday wondering what to do. Two days before, I had called the great Arts journalist, Shaibu Husseini to thank him for the tireless personal sacrifice he had made to celebrate Eddie Ugbomah, Nigeria's frontline film maker, while he was ill and since his passing on. I had assured Shaibu that I would attend Eddie's funeral service at the National Theatre yesterday. Eddie was good to me. I attend funeral events of people in the Arts because I believe that the way we honour people in death can inspire our young people to seek greatness. Did you see the funeral ceremony of Michael Jackson, Muhammed Ali or Aretha Franklin? That is why I was involved in the organization of the iconic funeral ceremonies of late Christy Essien Igbokwe and Ras Kimono.

 

So, how do I get to the National Theatre without a helicopter? I set out saying to myself that if I do not get there before the end of the event, I would at least console myself that I tried. To worsen matters, it had rained the night before and there was sure to be flood water at 'Along'.

 

Lo and behold, the journey from 'First Bridge' to the airport ramp which last week was taking between 2 and 3 hours every day took all of 8 minutes! I had to close my eyes and open them to be sure that I was not dreaming. Someone had performed a miracle! There was no flood water and the potholes at 'Ikeja Along' had been patched. Suddenly, I had time on my hands and decided to first go to the office, treat some documents before going on to the National Theatre.

 

Just think of the little effort it took to relieve the burden off the thousands who had been suffering on that road. Some of my friends who read Saturday Breakfast last week called on the phone in fear that I may have stepped on big toes. They were not sure that I was not asking for trouble from Governor Babjide Sanwo Olu. I wrote last Saturday's piece because I love my country and I want Governor Sanwo Olu to succeed. I verily believe that the true object of leadership is to reduce the burden of the led. Those of us, the led, must help our leaders to reduce our burden.

 

Did my piece last week awaken someone to perform the miracle at "Ikeja Along"? I do not know. What I know is that by doing what they did, Governor Sanwo Olu and his team scored a goal for the people who elected him. It was in the same week that one young man called Samuel Chukwueze scored that unforgettable goal for the Nigerian nation that warned South Africa not to mess with Nigeria.

 

By the way, on my way home, it was a smooth drive all the way. The commotion at 'U – Turn' between the airport and PWD had completely disappeared. Abey, my young driver, just cruised on.  Thank you Babajide Sanwo Olu.

 

See you next week.

WHERE IS AMBODE?

Can anyone understand what is going on in Lagos? Yes, the city has always had a reputation for awful traffic. Put simply, the Lagos traffic jam is legendry. Even my guy, Fela Anikulapo Kuti, had to do a song called 'Go Slow' in honour of the majestic Lagos traffic.

Some years ago, some 'brilliant' guy in government decreed the odd and even number system to reduce the number of cars on the streets of Lagos. How was that supposed to work? If the number of your car started with 1, 3, 5, 7 or 9, you were allowed during the working week, to drive the car on the major streets of Lagos only on Mondays, Wednesdays and Fridays. If on the other hand, you owned a car with the number beginning with 2, 4, 6 or 8, the car was allowed on the road only on Tuesdays and Thursdays. That seemed to have worked for a while.

But trust Lagosians! To beat the system, almost everyone in Lagos acquired two cars. No matter how old or rickety, you had to have one odd numbered car and another even numbered car to live in Lagos. The result? Our mega city with no mass transit system, became the dumping ground of every battered, tired and rickety vehicle in the world. They came from Belgium, Amsterdam, Baltimore and parts unknown. Our ports were awash with these contraptions and the guys at the ports in Cotonou and those who smuggled the old machines through our land boarders made a killing.

In the last several weeks what we have seen in Lagos is not the infamous traffic jam. It is anarchy. It is mayhem. Let me give you an example. I live in the part of Lagos that to get to work in Ikeja, I have to pass through a place called "First Bridge" along the Lagos – Abeokuta Express way. Two months ago, the journey between "First Bridge" and the ramp by the domestic airport in Ikeja took an average of ten minutes.

Every day now, it takes anywhere between two hours and three hours to get from
First Bridge to the airport. That is about the time it should take you to travel from Lagos to Benin City! After the stress, the pollution, the breakdowns, the cursing and the quarrelling, you are of no use to anyone, not yourself, not your job and most certainly, not the economy. If you have a flight to catch, you will be watching the plane in the air from the window of your car. If you have a meeting, better do it on the phone.

To get back home, I have to do the U turn between the Airport Bus Stop and PWD. What happens at that U Turn every evening is absolute commotion. No one and no system is in charge. Your patience is tested beyond breaking point and if you survive it without your car being bashed up, you wriggle to Ikeja "Along" where you see a sea of Nigerians in peace time trekking to get to where ever, some with heavy loads on their heads. Believe me, it is like a scene from a theatre of war. This is happening every day. To be candid, I am frightened to leave home these days.

I am told that this is going on because our new governor, His Excellency Babajide Sanwo Olu does not yet have Commissioners. If I recall correctly our new Governor was elected on March 9, 2019. That is about four months ago and there is still no cabinet. Before the elections, I once met the candidate Sanwo Olu at an event. He seemed to have an answer for everything. I took it for granted that he had a team ready with which to perform the wonders he was promising.

I am told that there is a lot of haggling going on. It is time to share the loot and all those who brought some money or some foot soldiers are asking for their pound of flesh and the poor governor may end up with a team of strange bed fellows he has no control over. That is the nature of the politics we have developed in Nigeria.

My question is: While the horse trading is going on, must the state grind to a halt? Let me repeat that I had no problem with Akinwunmi Ambode as governor. To me, he was pro-active. I could see what he was trying to do with Lagos and I thought that Lagos would have been a much better state if he was allowed to finish a lot of what he had started. But Ambode is gone not because the people of Lagos did not want him but because the people who control his party had a problem with him. Ambode is gone with his commissioners but did he take the permanent secretaries with him and the Heads of Departments too? Did he take common sense with him too? Pray did Ambode go with the password of Lagos State?

When you check, the reason for the madness on Lagos roads are some pot holes which can be filled for next to nothing with a little imagination or some drains somewhere which do not require a super budget to clear. No one appears to be in charge and the pain to the people is just unimaginable.

If this government is not ready, should we invite Akinwunmi Ambode back to take charge until the government is ready? I am tired.

See you next week