14. That the above failures of the 2nd Respondent’s to comply with the provision of the
Copyright and Neighbouring Rights Act 2006 and the Regulations there under are
breaches and an infraction of the law, regulations and quality of service requirement and
render the 2nd respondent liable to sanctions imposed by the 1st respondent of cancellation
of the Collecting License issued.
15. That further the above said failures of the 2nd respondent are a violation of the applicants’
and the general public’s rights as stakeholders and consumers of copyright services and
render the systems operated by the 2nd respondent as unreliable, insecure, acts of un fair
competition, inefficient and ineffective contrary to the legitimate expectations of the
applicants and the general public as producers/film makers.
16. That the compilation, assembly, recording, producing, reproducing, translating,
distributing, broadcasting, making available to the public, importing and downloading
audio visual works by video hall vendors as authorized and licensed by the 2nd
Respondents without authorization from the rights holders is an infringement of
copyright, an act of piracy and conversion of the copyright holders’ property in such
audio visual works.
17. That the 1st Respondent is fully aware and has knowledge of the impugned acts of the 2 nd
Respondent breaching the copyright compliance, administrative mismanagement and
quality of services requirement but has neglected and/or failed to take action to enforce
compliance. The applicants shall rely on, inter alia, the correspondence between the
various film associations and Uganda Registration Services Bureau in respect to the 2nd
Respondent activities and mismanagement.
18. That the 1st Respondent has committed statutory breaches in so far as it has:
o Allowed the other 2nd Respondent to continue operating without having audited
books of accounts for Eight (8) years.
o Allowed the 2nd Respondent to illegally operate when it commenced illegal and
criminal activities of licensing copyright infringing Video hall vendors without
any authorization whatsoever from the rights holders.
o Failed to convene a special general meeting for electing a new executive
committee for the 2nd Respondent upon realising the issues raised in 22(a) of my
affidavit in support
o Failed to cancel the Collecting Society License of the 2nd Respondent upon
realising the issues in this application
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