“A copy right is infringed by any person who does, or causes any
other person to do an act falling within the license of the person in
whom is vested either the whole of the copyright….”
He submitted that this section appropriates liability on “where a person does” and “where a
person causes any person to do”. Stella Atal in her evidence referred court to an album
marked Exhibit P.5 which had 2 women coming from a water well she testified that
defendant copied this artwork on the cover of a note book (marked Exhibit P.6) also made
out of recycled paper showing women coming from the well carrying pots and having the
same posture, the black colour and the gold finishing. She further referred court to African
Motif collection which has the symbols like masks, lizards and fish marked Exhibit. P3. She
testified that these are African symbols on a different background with gold and a black
border which were copied in the same colours and portions of detail on a calabash marked
exhibit P7, on an album (Exhibit P.8), a wall hanging (Exhibit P.9), a plate (Exhibit p.10).
The next category of artworks included a lamp shed (Exhibit P.12) and calabash Marked
Exhibit P.13. Stella Atal testified that these infringed her Bushmen wall hanging that was
marked exhibit P. 11. It was her testimony that the defendants used the same colours, same
figures and the same details plus the gold. The plaintiff also exhibited a seasonal card
marked Exhibit .P14 she compared this card with wall hanging marked Exhibit P.15 which she
claimed was a copy of her work. The plaintiff testified that the artwork on the wall hanging
(Exhibit P.15) has the same black boundary, same gold line on the border, same colour of
background, that the defendant used the same colourful cloths, that is; blue, brown, green
and red. The plaintiff further testified that the same gold lines on the arms and the legs,
that they were also dressed in necklaces, and carrying the same baskets and pots.
The plaintiff also exhibited a seasonal card with a fertility doll marked Exhibit P16, a blue
seasonal card marked Exhibit P18, a seasonal card made in 2003 Marked Exhibit P.20 that
shows men drinking a local brew and a wall hanging Marked Exhibit P.22 with three
Karamajong women half dressed and she testified that these were copied by the defendant
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