and infringed upon in card marked Exhibit P.17, a blue canvass with two adults and a child
marked Exhibit P19, a piece of bark cloth P.21 and wall hanging Marked Exhibit P.23
respectively.
Counsel for the Plaintiff submitted that the defendant is guilty of copyright infringement in
the first place by her conduct in refusing to permit the plaintiff and the bailiff, acting on the
authority of an Anton Pillar order made by Court, as an officer of the court entry into her
residence at Wakaligga which raised suspicion that she had something to hide. Secondly
there is the unchallenged testimony of Ms. Stella Atal about the defendant’s unsolicited
approaches to Aloka Andrew (PW2) about the creation of imitations or replicas of the
plaintiffs work. Counsel for the plaintiff further referred court to section 7(1) of the same Act
that provides for the actions that are exclusively reserved for the owner of the copy right
which among others includes Control of distribution and Broad casting of the whole or
substantial part of the work either in its original form or any form recognizably derived from
the original. It was counsel for the plaintiff’s submission that the items obtained as a result of
the Anton Pillar order and the exhibits P.27 and P.28 (1, 2, 3) duly purchased by Aloka
Andrew from the defendant’s shop all showed evidence of infringement.
Counsel for the defendant on the other hand submitted the plaintiff did not posses any
copyright in the artistic pieces exhibited and therefore there was no infringement of any copy
right. Counsel for the defendant further submitted that through the evidence of the defence
witnesses it was shown that the style that the plaintiff alleged is uniquely hers is a universal
style that was prevalent on the open market.
I have addressed my mind to the evidence before court on the issue of infringement and the
submissions of both Counsels. Copyright infringement by definition is the unauthorized use of
material that is covered by copyright law, in a manner that violates one of the copyright
owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or
to make derivative works.
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