no application for interrogatories and discoveries has been made within 21 days from the date of
the last reply or rejoinder (at the close of pleadings). Pursuant to the Mediation Rules of this
court, it is the practice to refer litigants to mandatory court annexed mediation after the closure
of pleadings. Where mediation fails, the parties are then referred to the judge to conduct a
scheduling conference and prepare the suit for trial were no alternative dispute resolution
mechanism is further agreed upon. Because the scheduling conference is meant to sort out points
of agreement and disagreement, Counsels reduced their conference into a joint scheduling
memorandum informing the court on the points of agreement and disagreement. It is meant to be
a binding agreement determining the course of the proceedings to some measure. In the joint
scheduling agreement/memorandum the following facts are agreed namely:
1. That the Plaintiff carries on business as a musician, singer and performer.
2. The Plaintiff is the composer; producer and copyright holder of the musical
production/recording (song) entitled "Let's Go Green".
3. The Plaintiff has reduced the said production into recorded form and has released the
same by way of audiovisual material marketed in hardcopy as well as soft versions on
YouTube as well as other soft media. The Plaintiff also regularly performs the said
product in public for gain as well as advancing her environmental conservation agenda.
4. That in or around May/April 2011, in a campaign against the destruction of Namanve
Forest, the Defendant caused to be made on various FM stations in Uganda
advertisements in which a portion of the said production of the Plaintiff was used.
5. The Plaintiff‘s prior consent to the use of the said portion of her song was not sought or
obtained.
6. The Defendant is in non-profit/governmental organisation.
Certain factual controversies were agreed upon fir trial of the suit and particularly the facts
contested by the Defendant are as follows:
Whether the Plaintiff has over the years built up a clientele and fan base in East Africa, USA,
Canada, UK and elsewhere in the world and has over the years released a wide range of musical
productions?
Whether the portion of the Plaintiff's song "Let's Go Green" which the Defendant used in its
campaign was substantial, and the lyrics and content of the song prominently feature in the said
advertisement?
Whether the said advertisement was repeatedly released on air on several FM stations in Uganda
and which was also received in neighbouring countries and by Internet and worldwide? Whether
the Defendant use of the portion of the song degraded the song or the author? Whether by reason
of the Defendant's actions the Plaintiff has suffered embarrassment and humiliation in her
dealings with various stakeholders including governmental agencies and players? Whether the
Plaintiff has lost anticipated income and suffered professional injury as a result of the