THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(COMMERCIAL COURT DIVISION)
CIVIL SUIT NO. 287 OF 2010
UGANDA PERFOMNG RIGHTS SOCIETY……………PLAINTIFF
VERSUS
MTN (U) LTD………………………………………………. DEFENDANT
BEFORE HON. LADY JUSTICE HELLEN OBURA
JUDGMENT
The plaintiff instituted this suit against the defendant seeking for a declaration that the MTN
concert at which UB40 held a public performance in Kampala in February 2008 was
unauthorized and sought special damages of 3% of the gross gate collections realized from the
concert, general damages for infringement of copy right, interest and costs of the suit.
On the 23rd of February 2008 the UB40, a United Kingdom based band performed a concert at
Lugogo grounds in Kampala upon being contracted by the defendant on the 24th of December
2007.
It is the plaintiff’s case that prior to the public performance the individual members of UB40
executed Deeds of Assignment wherein they assigned all their copyrights for purposes of
effective management to the Performing Rights Society of UK (hereinafter called PRS (UK).
It is further alleged that in the Deeds of Assignment, the PRS (UK) was granted management of
all copyrights worldwide. On the 26th of January 2006 the PRS (UK) signed a contract of
reciprocal representation with the plaintiff. The plaintiff’s General Secretary on knowing that the
defendant intended to sponsor the UB40 artists informed them of their obligation to pay
performance royalties which the defendant did not adhere to. The plaintiff claims to have
suffered loss due to the defendant’s act.
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