only the general idea of the novel, which in terms of section 2 of the Act is
excluded from copyright protection. Accordingly, the Court of Appeal was in
error in failing to advert to this question of law. In my view, therefore, this
appeal succeeds and the judgments of the courts below should be set aside.
For the avoidance of doubt, the setting aside of the judgments of the courts
below implies that they are no longer of value as precedents for the purpose
of stare decisis. I have, therefore, decided there is no need to comment on any
aspects of the legal arguments on the other issues raised in those judgments,
even though I may not necessarily agree with them.
DR. S. K. DATE-BAH
JUSTICE OF THE SUPREME COURT
JONES DOTSE JSC
I have been privileged to have read the judgment delivered by my respected and
distinguished brother, Justice Date-Bah JSC. I entirely agree with the reasoning and
the conclusions reached in the judgment, and that is, the appeal herein is allowed on
the more fundamental and core issue that the works complained of have been
excluded under section 2 of the Copyright Act, 2005 Act 690.
Since section 2 of the Copyright Act, has specifically excluded ideas, concepts among
others from Copyright, I entirely agree with Justice Date-Bah JSC that the
fundamental and core issue which a court engaged in a copyright case has to
consider is whether the works alleged to be in breach of the Copyright Act, are not
excepted under section 2 of the Act. Since the plaintiff has failed to clear that initial
hurdle, the appeal herein succeeds.
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