Recent Federal High Court decisions affirm that successful copyright claims require far more than allegations of similarity or unfair use.
In our latest article on MONDAQ, OTL Law Partners and Associates examine two January 2026 Federal High Court decisions, Walls and Gates Ltd v. MTN Nigeria Communications PLC and Veno Marioghae Mbanefo v. Airtel Network Limited, which reached very different outcomes despite both involving alleged unauthorised use of creative works.
The article explores key lessons for lawyers, creatives, producers, and copyright owners, including:
– Why copyright protects expression, not ideas or business concepts;
– The importance of originality and fixation under the Copyright Act 2022;
– Why registration with the Nigerian Copyright Commission (NCC) does not confer copyright nor cure defects in eligibility;
– The evidentiary burden for proving ownership and infringement;
– The role of electronic evidence and witness testimony in copyright litigation; and
– Strategic considerations for damages, restitution, and injunctive relief.
These cases reinforce a critical point: in copyright disputes, success is determined not by the perceived strength of a complaint, but by the quality, admissibility, and coherence of the evidence presented.
Read the full article on MONDAQ.