Otherwise, if the plaintiff had a cause of action against the defendant and had adduced evidence
to show the actual gross gate collections and proved the applicable percentage of royalty
chargeable, I would have found the defendant as the organizer of the UB40 concert who was
under a duty to get a license for the same liable to pay royalty to the plaintiff. On that basis I
would have awarded the approved percentage of the gross gate collections to the plaintiff. That
amount would have attracted interest at court rate from the date of filing the suit until payment in
full.
As regards the prayer for general damages, if infringement of the copyrights in the assigned
music works had been proved, I would have only awarded nominal damages of Shs. 3,000,000/=
to the plaintiff as opposed to general damages since there was no proof that any injury had been
occasioned to the plaintiff.
However, since I have already ruled that the plaintiff has no cause of action against the
defendant, this suit must fail and it is dismissed with costs.
I so order.
Dated this 21st day of December 2012.
Hellen Obura
JUDGE
Judgment delivered in chambers at 3.00 pm in the presence of Mr. Paul Asiimwe for the plaintiff
and Mr. Samuel Gimanga who was holding brief for Mr. Andrew Kibaya for the defendant. Mr.
Dick Matovu an official of the plaintiff society was present but officials of the defendant were
absent.
JUDGE
21/12/12
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