Exclusive: Macmillan, UBEC and Melrose Publishers in Messy N15billion Copyright Scandal over possible best seller

Mrrightsng can exclusively report that a Nigerian writer, Elias Ozikpu, has commenced a N15billion legal proceedings at the Lagos Division of the Federal High Court against an Ogun State based publishing house, Melrose Books and Publishing Limited over the theft of his intellectual property, HEROES OF THE NIGHT,a literary work describe by the publishing company as possible best seller.

Documents obtained by MrRightsng revealed that the writer had entered into agreement with Melrose Books and Publishing Limited in September of 2012 for the publication of his literary work entitled: ‘HEROES OF THE NIGHT’.

Responding to several correspondences written by the author to the publisher to enquire the status of his work, the publishing house claimed throughout that it had not been able to publish HEROES OF THE NIGHT owing to the magnitude of work at its disposal, particularly the preparation of its curriculum-based titles for primary and secondary schools.

The author, obviously frustrated by the publisher’s continuous postponement of the publication of his work, terminated the agreement he signed with Melrose Books and Publishing Limited via an email dated 15th December, 2014.

Reacting to the author’s decision to terminate the agreement, Melrose Books and Publishing Limited responded through one Mrs Abidemi Abdulai in an email dated 17th December, 2014, saying:

‘We received your mail about the withdrawal of your manuscript – “Heroes of the Night”, with great disappointment. In as much as we would have loved to partner with you in the publication of your work we are constrained to return it to you as that is your wish. No doubt, your work is well-written and has a potential of becoming a bestseller someday.

However, we have not been able to publish it for this long due to the magnitude of works we have had to handle over this couple of years. Please, take this as a termination of whatever agreement we have with you. By this letter you are free to use your work in whatever form or submit it anywhere you wish. Thank you for giving us the opportunity to consider your work for publication.’

However, three years after terminating his agreement with the publishing house, the author apparently became aware of copies of HEROES OF THE NIGHT circulating in primary and secondary schools throughout Nigeria, published by Melrose Books and Publishing Limited since 2012, the same year the manuscript was submitted to the publishing firm.

Documents showed that Melrose Books and Publishing Limited collaborated with a Nigerian publishing giant, Macmillan, to offer HEROES OF THE NIGHT to Universal Basic Education (UBE) at the price of N520 per copy.

The bid, being successful and agreement signed by parties without the knowledge and consent of the author, empowered Universal Basic Education to produce mass copies of HEROES OF THE NIGHT and distribute same to schools across Nigeria with the inscription: NOT FOR SALE on the book.

Further investigation showed that, upon coming to the knowledge of his book being distributed to schools by Universal Basic Education, Elias Ozikpu wrote to the Commission stating that the publication and subsequent distribution of HEROES OF THE NIGHT is illegal because the publisher surreptitiously did so without his knowledge.

The author further invoked the provisions of Freedom of Information Act, 2011 through correspondences dated: 27th April 2018, 28th May 2018 and 7th June 2018 asking the Commission to furnish him with the documents which empowered it to distribute mass copies of his intellectual property to schools across Nigeria.

However, Universal Basic Education Commission, a public agency under the coverage of Freedom of Information Act, 2011, firmly denied access to the said documents despite being knowledgeable that the intellectual property under reference has become a subject of theft.

When MrRightsng reached out to the author to inquire about the response of UBEC based on his request, he informed us that the commission claimed not have copy of the agreement in it’s custody.

It is not clear why UBEC would be denying the author access to the document that empowered them to circulate his book across the federation, but attempt to reach the commission through its website proved abortive, as the website appeared down.

HEROES OF THE NIGHT is a play written by Elias Ozikpu and covertly published in 2012 with the following ISBN: 9789781134913. The play had its first reprint in 2013.