BRIGHT ONYINA v. MR. KWARTENG @ WAKEDI
2018
HIGH COURT
GHANA
CORAM
- ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Copyright Law
- Contract Law
- Civil Procedure
- Evidence Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff, a music producer, initiated a legal action against the Defendant, a businessman, claiming ownership and rights over several musical works. The Defendant counterclaimed, accusing the Plaintiff of copyright infringement. The court examined various issues, including copyright ownership, verbal agreements for production sponsorship, unauthorized sales, arrests, and fraud allegations. The court found that the Plaintiff's claims for copyright ownership were invalid as the copyrights had expired before the suit. The Defendant, as a customary successor, did not have the legal right to the economic benefits of the deceased's works. Neither party was entitled to their respective claims and counterclaims, and each was ordered to bear their own legal expenses.
JUDGMENT
The Plaintiff herein who describes himself as a music producer commenced the instant action against the Defendant whom he describes as a businessman who sells and produces compact disc (CDs). The original writ of summons and statement of claim were issued on 24/02/2015. With leave of the court, the Plaintiff amended his writ of summons and statement of claim on 03/06/2016 wherein he claimed the reliefs as set out below:
i. An order of the court declaring the Plaintiff as the copy- right owner of “PSALM 23; “DOCTOR A DECLARE WO”; “MONTINTIM”; and “YEHOWA BEHWEWO”.
ii. An order directing the Defendant to render account on the sale of the Albums from 2012 to date.
iii. An order of the Court restraining the Defendant, his assigns, privies, agents, servants, workmen and all those claiming through him from interfering with the production, sale, ownership and dealing with CDs the Plaintiff has the copy right to.
iv. Damages for unlawful arrest and malicious prosecution of the Plaintiff.
v. Cost.
vi. Any further order(s) that may deem fit.
The Defendant also counterclaimed for the following reliefs:
a) A declaration that the conduct of the Plaintiff in pirating and selling his works without his knowledge, consent and concurrence is a violation and/or infringement of his copyright and same is unlawful and illegal.
b) General damages for infringing the copyright of the Defendant.
c) An order of the court directed at the Plaintiff to account to the Defendant for the number of the Defendant’s works/music pirated and sold by the Plaintiff without the knowledge, consent and concurrence of the defendant.
d) An order directed at the Plaintiff to pay to the Defendant the sum of One Ghana cedis and Fifty Pesewas (GHC 1.50p) for each work of the Defendant sold by the Plaintiff without his knowledge, consent and concurrence.
e) An order of injunction restraining the Plaintiff, his assigns, servants and workmen from producing any work of the Defendant without his knowledge, consent and concurrence and /or from infringing or further infringing the Defendant’s copyright in his works.
f) Any further order(s) as the Honourable Court may deem fit.
THE PLAINTIFF’S CASE.
The Plaintiff averred that by an agreement executed in the year 2012, a music composer by name Anthony Owusu Ansah, assigned his copyright in his music titled PSALM 23: “YEHOWA NE MEHWEFO”, to the Plaintiff for an amount of Twenty Thousand Ghana cedis (GHC 20,000.00). The Plaintiff entered in