Commercial Court Division
With regard to the 1st issue, PW1 stated that he was the Managing
Director of the Plaintiff company whose other shareholders were
Sharon Salmon Nalukenge and Jackline Tusiime.
That the Plaintiff
was a player of music of repute since its incorporation in the year
2000 or thereabouts. That amongst the songs played and over which
they were copyright owners were ‘Wekume’ ‘Jangu’ ‘Feel Me’
‘Mwekute’ ‘Kalyonso’ among others. He added that these songs were
both in audio and video.
His evidence received support from PW2
Jackline Tusiime who also stated that she was a director in the
Plaintiff company and that the Plaintiff was the copyright owner in
the artistic works of ‘Wekume’ ‘Jangu’ ‘Jukira’ ‘Feel Me’ ‘Mwekute’
‘Kalyonso’ and others. These songs were more particularly shown in
Annexture ‘A’ in the form of 3 albums.
Their evidence as to
ownership of the artistic works mentioned herein above remained
undisturbed by the cross-examination of Counsel for the Defendant.
Even if there was doubt, that doubt was perforated by the third party
which claimed to have had dealings with the Plaintiff.
Furthermore, DW1 also confirmed that the songs belonged to the
Plaintiff. When in cross-examination she was asked how many of the
songs were attributed to the Plaintiff, she said they were five (5).
The foregoing leaves no doubt that the Plaintiff was the owner of the
copyright in question.
In relation to whether the Defendant infringed on the Plaintiff’s
copyright, Section 46(1) of the Copyright and Neighbouring Rights
Act 2006 provides that a copyright is infringed by any person who
without a valid transfer, licence, assignment or other authorization
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