Commercial Court Division
under the Act deals with any work or performance contrary to its
permitted free use.
DW1, confirmed that the Defendant had used five (5) songs that
were attributed to the Plaintiff.
She further stated that as at 13 th
October 2010, the number of downloads of the Plaintiff’s music from
the Defendant’s site was:
24 times
-
Mwekute
848 times
-
Wekume
211 times
-
Jukira
112 times
-
Feel me
145 times
-
Kalina
There was no evidence to show that the Defendant had acquired any
permission from the Plaintiff to use its artistic works.
That no
permission was given is seen further by the letter dated 2nd
September 2010 – Annexture ‘C’ to the Plaint, wherein the Plaintiff
wrote to the Defendant about their infringement on the Plaintiff’s
copyright.
The third party was unable to prove that they had acquired consent
from the Plaintiff either.
In Paragraph 4(c) of their Written
Statement of Defence, they averred that discussions took place
between them and the Plaintiff in regard to use of artistic works
attributed to the Plaintiff.
There is nothing to show that these
discussions materialized into any form of consent.
HCT - 00 - CC - CS - 373- 2010
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