United Kingdom-based movie producer, Tosin Abiola, has dragged Nollywood actress, Iyabo Ojo, and Ibaka Entertainment Limited to court for claiming sole ownership of her movie, ‘Under the Carpet.’
Abiola, popularly known as Omo Brish, dragged Ojo before the Federal High Court in Lagos, seeking an injunction to stop her from streaming the movie on IbakaTv App and Ibaka Tv.com.
The plaintiff claimed she conceptualised the idea of financing a movie to be produced in Nigeria and shared the idea with the 1st defendant, Ojo, after which the parties agreed to the movie, with the arrangement that the applicant, as the creator and financier of the movie, will be credited as the Executive Producer, while Ojo who is an influencer in the movie industry in Nigeria will be named as the Producer of the movie.
However, Abiola claimed that after the production of the movie, Ojo credited and represented herself as the Executive Producer and Producer, thereby attributing the exclusive authorship, ownership, and intellectual property rights of the movie solely to herself contrary to the agreement between the parties on co-ownership and attribution right.
She also claimed that Ojo, without her full consent, organised a premiere and released the movie to the cinemas.
In her affidavit, Abiola claimed, “neither was the applicant credited as Executive Producer nor did the 1st respondent render accounts of the revenue generated by the movie at the box office to the applicant despite persistent demands.”
The movie producer further alleged that Ojo, without her consent and on the deliberate misrepresentation that she is both the Executive Producer and Producer of the movie, has entered into an agreement with the 2nd defendant, Ibaka Entertainment Limited, for the streaming of the movie on IbakaTv App and Ibaka Tv.com, which are streaming platforms owned by the 2nd respondent and accessible to millions of viewers in 220 countries across the globe.
She claimed that the streaming of the movie on the 2nd respondent’s platform is scheduled to commence on December 8, 2023.
Abiola contended that showing the movie by the 2nd respondent on its streaming platforms without her authorisation or proper credit to her would have a global derogatory effect, constitute irreversible damage to her right of attribution and severe breach of her intellectual property rights.
The movie producer argued that there is an imminent risk that her co-ownership right will continue to be permanently exploited by the respondents without the possibility of an adequate monetary compensation.
Abiola is therefore seeking an order of interlocutory injunction restraining Ojo and Ibaka Entertainment Limited by themselves, their servants, agents, privies, assigns or any other person howsoever described from streaming and/or distributing the movie titled ‘Under the Carpet’ on Ibaka TV app and Ibaka TV.com, either directly or indirectly or on any other online platform pending the hearing and determination of suit.
She also sought an order of interlocutory injunction restraining Ojo by herself, her agents, privies, or any other person howsoever described from advertising, promoting, or performing acts calculated to promote or represent her as the sole owner of the copyright of the movie pending the hearing and determination of the suit.
The plaintiff further sought an order of interlocutory injunction restraining the 1st defendant either by herself, agents, staff, or privies howsoever named from interfering in any way with the subject matter of the suit pending the hearing and determination of the suit.