Having said so, I am of the view that this case, belated as it is, gives us useful reference
in terms of future conduct in cases of intellectual property. Our law promotes the
progress of Science and useful arts by securing for a limited time to authors and inventors
the exclusive right to their respective writings and innovations.
recognized and rewarded for their ingenuity.
Inventors are thus
Whilst the law allows assignment of
copyright to the client in commissioned works, the arrangement ought to be equitably
negotiated and not coerced. There is an element of the latter tendency in the instant case.
From the authorities, courts have the power to order specific performance and require that
a formal assignment or licence is drawn up between the parties. In the instant case,
notwithstanding the fact that the main prayers in the plaint are not available to the
plaintiff, it appears to me reasonable that the parties come to terms with the fact of noncompliance with the law and belatedly process a formal assignment of the copyright in
accordance with Section 14 of the Copyright and Neighbouring Rights Act. This way
they will end the duality of the Copyright ownership and bring the matter to a just end. I
reckon that this shall now be at a cost to the defendant in view of the plaintiff‟s proven
legal interest in the Copyright, however insignificant it may be in practical terms.
For the reasons stated above, I would disallow the plaintiff‟s prayers (i), (ii), (iii) and (v)
and all such prayers that are inconsistent with my findings herein. I would, however, in
accordance with prayer in no. (viii) for “any other remedy that this honourable court may
deem just and fitting” take into account the Shs.2,000/= paid to him in or about 1962, the
inordinate delay in filing the suit, the time taken and effort expended on the song, and the
current presumed value of the composition to both parties, award to the plaintiff a sum of
Shs.50,000,000/= (fifty million only), payable to him as he signs off the residue of his
interest in the copyright in favour of the defendant for its exclusive use thereafter.
The award shall attract interest at the commercial rate of 25% per annum from the date of
judgment till payment in full. I would also award the taxed costs of the suit to the
plaintiff.
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