approval of the government of Uganda and other stakeholders wherein the Defendant concludes
with a call on members of the public to combat the practices and matters the advertisement
complains about. The advertisement and publication amounts to infringement by the Defendant
of the Plaintiffs copyright in the production "Let's Go Green". By reason of the foregoing the
Plaintiff suffered embarrassment and humiliation in her dealings with the various stakeholders
including governmental agencies and players whom she alleges view her as a traitor who had
promised to peacefully engage with them for solutions to environmental challenges and in breach
joined a different team with a different approach to environmental concerns . Secondly the
Plaintiff claims to have lost income after her musical production was degraded by the Defendant
to a mere advertising jingle in the eyes of the public. The Plaintiff claims business loss and
professional injury for which she claims general damages. Secondly on account of the
unconstitutional, high-handed and deliberate and calculated activities of the Defendant at the
expense or in blatant disregard of the Plaintiff‘s interests, feelings and concerns, the Plaintiff
claims punitive/aggravated/exemplary damages. She further seeks a declaration that the
Defendant infringed upon her rights.
In reply the Defendant denies the Plaintiff's claims. The Defendant contends that a very
unsubstantial portion of the Plaintiffs work was used.
The Plaintiff was represented by Benson Tusasirwe of Messieurs Tusasirwe and Company
Advocates while the Defendant was represented by Paul Asiimwe of SIPI Law Advocates.
At the hearing of the suit certain facts and documentary exhibits were agreed to and would be
referred to in due course. The Plaintiff testified as PW1 and closed her case and the Defendant
also produced one witness namely it‘s Executive Director Ms Cissy Kagaba. The testimonies of
the witnesses will be considered together with the written submissions of Counsels.
Three issues were agreed upon for trial namely:
1. Whether the Defendant infringed the Plaintiff‘s copyright?
2. Whether the Defendant‘s actions fall within the fair use exception?
3. Whether the Plaintiff is entitled to the remedies sought?
Written Submissions of Counsel
Whether the Defendant infringed the Plaintiff’s copyright?
The Plaintiff's Counsel submitted that it is an agreed fact that the Plaintiff is the copyright holder
of the musical production/recording entitled "Let's Go Green". It was also an agreed fact that a
portion of the song was used in the advertisement which was broadcast by the Defendant on FM
stations in Uganda. The issue that is not agreed is whether it amounted to copyright
infringement. Counsel submitted that the Defendant's case seems to be that the portion of the