[1990]DLHC17813 • August 17, 1990 • High Court
ELLIS vs. DONKOH AND ANOTHER
The plaintiff, a musician, alleged that he created piano adaptations of existing Ghanaian songs in 1975, compiled in an album titled 'Keyboard Africa' (Exhibit A). He claimed an oral agreement with the first defendant, a music publisher, to share profits equally, which was later repudiated. The plaintiff terminated the agreement but alleged the defendants continued producing and selling the records without accounting to him, seeking accounts, damages for copyright infringement, and an injunction.
read moreJUDGMENT JUDGMENT OF BROBBEY J. Describing himself as a musician, the plaintiff sued the first defendant in his capacity as a music publisher and the brain behind the second defendant. The second defendant was sued as a music publishing company. In his original writ the plaintiff sued for: (i) accounts; (ii) ¢15 million damages for copyright infringement; and (iii) perpetual injunction restraining the defendants, servants, agents or privies from the continued infringement of the plaintiff’s copyright. The case of the plaintiff at the beginning of the trial was this: He created some piano music some time in 1975 in the form of an album described as “Keyboard Africa.” That album was tendered as exhibit A. The first defendant orally agreed to publish the musical creation on the basis that the plaintiff and the first defendant would share the profits in equal proportions. According to the plaintiff, the first defendant reneged from this oral agreement. The plaintiff therefor...