artistic works by reproducing counterfeit copies and making duplicate reproductions of the
plaintiff’s best selling art pieces. The plaintiff therefore avers that the defendant has
continuously infringed the copyrights of each of the plaintiff’s artistic works by using the
plaintiff’s created and developed ideas without a license, approval or consent from the
plaintiff and therefore was unlawfully publishing, producing, reproducing and distributing a
selection of unauthorized copies of the plaintiff’s artistic works.
The defendant, however, denies liability and avers that she engaged the plaintiff between
2001 and 2003 and employed the plaintiff to produce and offer for sale artistic works based
on pre- existing African symbols, articles and pictographs. The defendant further avers that it
was orally agreed by the two parties that the defendant was to cater for the plaintiff’s
accommodation and working space for as long as the contractual relationship subsisted. The
defendant also averred that it was further agreed that the plaintiff was to produce particular
artistic works for the defendant exclusively, during the period of the plaintiff’s employment.
The defendant contends that during the course of their relationship, the plaintiff made and
sold similar art-crafts bearing the artistic works to other persons and businesses which at the
time should have been produced exclusively for the defendant. The defendant therefore
contends that she had to sever the relations with the plaintiff because of the foregoing
reasons and because it was not viable to continue to do business in the said artistic works as
the market was flooded with similar works.
The defendant in her defence raised a counter claim against the plaintiff seeking general
damages for breach of contract of license and loss of income, a declaration that the
defendant is the owner of the copyright in the artistic works made by the plaintiff during her
employment with the defendant, detinue and conversion, delivery up of artworks under
license or copyright to the defendant or the payment of the market value thereof and costs
for the suit.
The defendant/ counterclaimant contends that the plaintiff breached the license agreement
for the copyrights in the artistic works. That during the existence of the said license, the