GEORGE BOSOMPIM & ANOR VS TV3 NETWORK LIMITED & ANOR

Until the year 2013, the 1st plaintiff was an employee of the Gama Film Company Limited which had produced a television series known as Barber and Shoeshine Boy (BNS). This television series was being shown on the 1st defendant’s television network known as TV3. It so happened that when Gama was divested in the year 2013, the 1st defendant needed the continuous production of the television series BNS, so, according to the plaintiffs, the 1st defendant entered into an arrangement with the plaintiffs to continue with the production of the series for a fee of GH₵7, 000 per episode that was produced.

After a while, the 1st defendant abrogated the contract with the plaintiffs for the production of the television series BNS and then engaged the 2nd defendant to produce the series.

The 2nd defendant who then started producing the series did not acknowledge the plaintiffs in the television series subsequently produced.

The plaintiffs claim that the concept, content and the music of Barber and the Shoeshine Boy was created and developed by them and that the actions of the defendants amounted to an infringement of their copyright and a plagiarism of their work.

The defendants deny the plaintiffs’ allegations.

Therefore by a writ of summons issued on the 11th day of October, 2013 the plaintiffs claim against the defendants a. A declaration that the defendants are infringing the copyright and plagiarizing the work of the plaintiffs.

b. Special damages of GH₵7, 000 per episode aired since the abrogation of the contract between the parties herein.

c. General damages for plagiarism and for infringing the copyright of the plaintiffs.

d. Perpetual injunction restraining the defendants, their agents, servants, privies personal representatives from having anything or interfering with plaintiffs’ work.

An appearance was entered on behalf of the defendants and a statement of defence filed after the service of the writ and its accompanying statement of claim.

In their amended statement of defence, the 1st defendant counterclaims against the plaintiffs for: a. A declaration that 1st defendant is the owner of the copyright in the audiovisual work known as ‘Barber and Shoeshine Boy’ television series.

b. An order of perpetual injunction restraining plaintiffs, their agents, assigns and workmen from holding themselves out or otherwise laying any claim to the economic rights in the audiovisual work known as‘Barber and Shoeshine Boy’ television series.

c. Costs including