[1980]DLHC2158 • June 20, 1980 • High Court
MUSICIANS UNION OF GHANA vs. ABRAHAM AND ANOTHER
The plaintiffs, members of the Sweet Talks band employed by the first defendant or his company Talk of the Town Ltd., claimed royalties and possession of musical instruments against the first and second defendants. The first defendant was the band's manager and proprietor of the company owning the band. The second defendant was a recording company granted exclusive rights to publish the band's works. The plaintiffs alleged unpaid royalties and sought to restrain further record releases and royalty payments to the first defendant. The defendants disputed the plaintiffs' entitlement to royalties and ownership of the instruments, asserting the copyrights vested in the employer or first defendant.
read moreJUDGMENT OF CECILIA KORANTENG-ADDOW J. In this application the plaintiffs are asking for an order of an interim injunction to restrain the second defendants from “(1) making any further releases of the plaintiffs’ records, and (2) from making any further royalty payments to the first defendant on behalf of the plaintiffs . . .” and (3) an order that any royalties held by the first defendant from the second defendants be deposited at the court pending the determination of this suit. Finally, they ask for an order for interim preservation of a set of musical instruments listed in the schedule attached to the application. The writ of summons upon which this motion was brought, is indorsed with a claim for (1) ¢1,000,000 being composers’ and recording artistes’ royalties due from the defendants, in respect of the long playing albums, namely (a) “Adam and Eve” (b) “Kusum Beat” (c) “Spiritual Ghana” (d) “Meseafo nto nsa” (e) “Party time in Hollywood” and (f...