Secondly having determined the question of whether the Defendant's action fell within the 'fair
use' exception, what remains to be concluded is whether the Defendant infringed the Plaintiff‘s
copyright. Under section 46 of the Copyright and Neighbouring Rights Act it is stipulated that
infringement of Copyright or neighbouring right occurs where without a valid transfer, licence,
assignment or other authorisation under the Act, a person deals with any work or performance
contrary to the permitted free use. In this case I have established that there was no permitted free
use and that the Defendant‘s use does not fall within the fair use exception. There was no valid
transfer, licence, assignment or authorisation of the Defendant by the Plaintiff.
I have duly listened to the exhibited CD containing both the song "let's go green" and the
advertisement jingle. It is quite clear that the structure of the song is the same. It starts with the
―let's go green‖ song and an appeal for people to take action on the environment. The theme of
this song is about calling people to change so that wetlands, forests and grasslands etc are not
destroyed by "going green". It is apparent that the Defendant selected this song because it was
appropriate for its campaign to save Namanve Forest. The advertisement jingle begins with the
same theme of "let's go green" as embodied in the song and continues with a jingle about the fact
that the remaining part of Namanve Forest is being destroyed by politicians who are illegality
demarcating it into plots at the pretext of resettling slum dwellers. It asked the public whether
they were aware of what was happening and appeals to members of the public to reject the illegal
takeover of public resources without following the right de-gazetting processes. The public is
further informed that it was authorised by the Minister of Water and Environment but had not
been approved by Parliament and alternative land to nurture an alternative Forest was not
provided for. Finally the public is informed that it is their obligation to demand that the illegal
giveaway of Namanve Forest is stopped. They call upon Parliament to investigate the matter and
bring those responsible to book. Finally it is indicated in the advertisement jingle that the
message was brought by the Anticorruption Coalition Uganda (the Defendant). It ends with the
Plaintiff's song "let's go green". While the verbal messages are being given, the music keeps on
playing in the background the whole time. What happened is that the volume was only tuned
down to make the message audible and then increased again to end with the song "let's go
green". The Plaintiff's song "let's go green" was used for the entire advertisement. It was not used
accidentally or incidentally but deliberately because of its theme.
The Defendant just incorporated the Plaintiff's song "let's go green" as part of its advertisement
jingle and thereby infringed the Copyright of the Plaintiff under section 46 (1) of the Copyright
and Neighbouring Rights Act.
I have secondly considered section 46 (2) of the Copyright and Neighbouring Rights Act which
provides that the use of the piece of work in a manner prejudicial to the honour or reputation of
the author shall be deemed an infringement of the right of the author. It is the Plaintiff's case that
the Defendant‘s use put her on a collision course with officials of government. The Defendant‘s
Counsel attacked the testimony of the Plaintiff on the ground that there was insufficient evidence
to support her contention that she suffered humiliation and embarrassment and the advertisement

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