» Photographer Sues 2Face And His Wife For N120m «

A photographer, Mr. Emmanuel Okolo, has filed a N120m
copyright infringement suit against musician Innocent
Idibia, popularly known as 2face, and wife, Annie.
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, who sued alongside his company,
Papilonmexy Films Studios Limited, 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
a 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.
‘Premeditated Plan To Blackmail’
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.”
They, however, said they were shocked when after
uploading the photographs, the photographer wrote a pre-
litigation letter to them demanding that his watermarks be
boldly inscribed across the photographs and a letter of
apology.
But they claimed to have immediately pulled down the
photographs because having Papilonmexy watermarks on
some pictures on 2face’s official website would distort the
original idea of the website.
They accused the photographer of having a premeditated
plan to blackmail and extort money from them.
“The second plaintiff (Okolo), through his several guile,
deceit, cunning gate-crashing and opportunistic posturing
carefully planned and orchestrated the entire events
leading to the institution of this suit with the express
intention of embarrassing, harassing and blackmailing the
first and third defendants (Annie and 2face) with a view to
extorting money from them,” the further claimed in their
counter-claim.
They, however, urged the judge to order Okolo and his
studio to pull down all the photographs of them that the
photographer had circulated.
They are also praying the court to order Okolo and his
studio to “render forthwith, account as well as make full
and frank disclosure of all sums and profit made by them
as a result of unauthorised commercial usage” of their
photographs.
They are demanding 150 million Naira damages and an
order of perpetual injunction restraining Okolo and his
studio from further commercialising their photographs