BRIGHT ONYINA v. MR. KWARTENG @ WAKEDI

Bright Onyina sued Wycliff I.D. Kwarteng seeking a declaration that he owned copyrights in several gospel music albums, an accounting, an injunction, and damages for unlawful arrest and malicious prosecution. Onyina relied on two assignments executed on 20 February 2012 by composers Anthony Owusu Ansah and Osuani Katakyie Afrifa, and alleged an oral production arrangement with Kwarteng. Kwarteng denied Onyina’s rights, claimed he hired Onyina as a commission salesman, and asserted he was the customary successor to his late brother, Anthony Owusu Ansah, recognized by the Copyright Office and GHAMRO. The High Court held that the written assignments were valid but limited to two years and had expired before suit, defeating Onyina’s request for a declaration. It further ruled that a customary successor is not the copyright owner by operation of law; economic rights devolve to estate beneficiaries under PNDCL 111 via letters of administration, making the Copyright Office and GHAMRO’s recognition of Kwarteng improper. The court inferred an oral production and marketing arrangement during the assignment term, found no proof of the alleged million-copy sales or exclusive rights, rejected both parties’ fraud allegations, denied damages for unlawful arrest and malicious prosecution due to the pending criminal case, and dismissed both the claim and counterclaim with each party bearing costs.