A photographer, Mr. Emmanuel Okolo, has
filed a N120m copyright infringement suit against 2face, and wife, Annie.
According to punch newspaper, the photographer sued the couple and one Mr. Anthonio Anifite before
Justice Mohammed Idris of a Federal High Court in Lagos.
He alleged that the defendants made use
of some photographs he took at the traditional wedding of Mr. and Mrs.
Idibia in Uyo, Akwa Ibom State in 2013 without duly attributing the
works to him or acknowledging him contrary to an alleged agreement.
The photographer,claimed that the defendants
wrote ‘2faceonline.com’ across 148 out of the 355 high-resolution
photographs he took at the couple’s wedding and uploaded them on 2face’s
official website, thereby denying him credit and referral
opportunities.
He claimed that days after the wedding,
Annie called him on the telephone requesting copies of the wedding
photographs and that upon sending them to her, Annie complained about
the watermark of Papilomenxy studios reflecting on them.
According to the photographer, Annie
later sent the 2nd defendant to negotiate with the photographer on the
terms that the photographs should be released without watermarks.
The photographer claimed to have then
released 355 high-resolution photographs from the wedding to Anifite
free of charge on the agreement that whenever and wherever they were
used, the copyright would be credited to his company.
He, however, claimed that the defendants
breached the terms of the signed agreement and went ahead to write
‘2faceonline.com’ across 148 of the photographs that they uploaded on
2face’s official website.
The photographer, who described himself
as “a certified film maker from the prestigious London Film Academy” and
an holder of a Masters of Arts degree from Cardiff School of Creative
and Cultural Industries, South Wales, United Kingdom, claimed to have
suffered general and exemplary damages for which he is seeking N120m
compensation from 2face, Annie and Anifite.
But the defendants have not only urged
Justice Idris to dismiss the photographer’s suit but they also filed a
counterclaim wherein they demanded N150m damages from him and his
studio.
They claimed that the photographer
crashed into the venue of their traditional wedding, took pictures and
circulated same for commercial gains without their permission.
They claimed that he was not invited but
was just “one of the numerous photographers and pseudo-professionals
and artisans, who invaded the venue of the ceremonies to eke out a
living for themselves without prior consultation with or the consent of
the celebrants.”
They claimed that soon after their
wedding, they noticed some strange versions of their wedding pictures
circulating online with Papilonmexy studio watermark and after
painstaking findings, they traced them to the photographer.
They claimed that upon locating the
photographer and expressing their displeasure, he pleaded with them
while lamenting that he was hard hit by a downturn in the still
photography business and sought any future engagement with them.
They claimed that the photographer
forced the photographs on them, saying he wanted to leverage on their
popularity to get referrals.
They, however, claimed that they told
him categorically that the only condition on which they could accept the
photographs was for him to remove the watermarks of his company, which
he allegedly agreed to.”
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