By Spy Uganda
Kampala: Qatar-based Al Jazeera Media Network’s Legal Affairs Manager, Mohammad Osman Mohammad Abu Baker, has responded to the claims recently raised by Naguru based NBS TV over alleged copyright infringement,in which they demanded a whooping shs4.8billion in compensation or risk being dragged to court at their own embarrassment and peril.
READ ALSO: Exclusive: NBS TV Demands UGX4.8B From Aljazeera For Relaying Their Content Without Permission
On Friday 19 January, the Next Media Services Ltd Secretary Obadia Ismail Otim wrote to Qatar based Arabic channel protesting unauthorized use of NBS TV’s content/footage (relating to the declaration of Presidential results by the EC) which was posted on Al-Jazeera’s YouTube Channel. The footage in contention was used without prior authorization and the broadcaster never acknowledged NBS as the primary source of the same.
This caused the aggrieved NBS TV management to threaten legal action besides requiring AJ to apologize, pull down the impugned report and pay up to $1.3m (roughly Shs4.8bn) over the impugned copyright violations. “The bulletin posted on the Al Jazeera English YouTube platform on the 16th day of January 2021 dubbed “Uganda’s Museveni declared winner of presidential election” [link attached] and an extract hereto attached did not acknowledge, give credit nor recognize NBS Television Limited as the source. Neither did it contain the trademark nor watermark of NBS Television,” Obadia’s notice read in part.
That given its globally-recognized reputation and media practice spanning decades, AJ was expected to heed to highest standards of journalistic ethics and professional practices.
“We believe that you need no lecture on the effect and consequence of unauthorized use of intellectual property, reproduction and representation of legally-protected business [content] and the fact that it’s not only illegal and unlawful but also amounts to a violation of the intellectual property rights under national and international laws.” The AJ channel was equally warned to refrain from ever occasioning such infringement again. They had 14 days within which to act as requested or else risk full legal proceedings. Gratefully, they have finally complied and reached out.
In their response, the AJ Management opts for de-escalation with Mohammad Osman Mohammad Abu Baker conceding that a wrong was committed and steps have since been taken to atone the damage caused to the NBS TV by pulling down the disputed YouTube content or footage. “NBS TV can rest assured that the [AJ] Network has no intention of placing the report in question or any other material that will include the footage to which NBS demanded in the public domain at any time in the future.”
He also corroborates the fact that having accepted wrongdoing, AJ has since deleted the disputed footage. “In the first instance, we would refer you to the fact that the report that is the subject of your said letter was removed from the public domain upon receipt of your communication,” he discloses.
The deletion of the disputed content will naturally be construed as an admission of wrongdoing and copyright infringement-related liability by the Qatar-based channel with one copyright scholar asserting that: “When you are on the wrong, why not comply with the demands? Deleting the report is definitely an option but Al Jazeera may refuse to pay the money.”
This website has since learnt that Next Media Services Chief Legal Officer and Company Secretary Ismail Obadia confirmed to have received the response.
He says, “We have received the response from Al Jazeera and we are going to embark on talks to reach an amicable conclusion.” He then added: “Al Jazeera has taken an exemplary approach to this matter and accordingly, we shall engage them for a cordial working relationship. It was never really about the legalities therein for us. Sometimes, for the bigger picture, it’s okay to let go.”
Mr. Osman (the Al Jazeera Legal Affairs Manager), in his letter, also expressed optimism that the two media giants finally move forward as colleagues working in the same industry in the spirit of mutual respect and long term cooperation. Such de-escalation is the productive way to approach things because it circumvents unnecessary conflicts and contradictions while reinforcing mutually beneficial symbiotic business relations for the future
