[2011]DLCA7908 • July 21, 2011 • Court of Appeal
JOSEPH ABIO NARTEY (PLAINTIFF/ RESPONDENT) vs. REV. E. AMANKWAH ADDO (DEFENDANT/APPELLANT)
The plaintiff, Joseph Abio Nartey, claimed copyright infringement against the defendant, Rev. E. Amankwah Addo, alleging unauthorized reproduction of substantial parts of his books "A Hand Book on Driving" and "Questions and Answers for Passing Your Driving Test" in the defendant's book "Passing Your Driving Theory with Ease" and "Driver Companion, A Comprehensive Textbook On Defensive Driving." The defendant contended that the works were partnership property under a partnership agreement dated 10 October 2000, which governed the joint creation and publication of driving-related books, and denied infringement. The dispute centered on ownership and authorship of the works and alleged breaches of the partnership agreement.
read moreOFOE, J.A: I will begin this judgment with a summary of the pleadings of the parties before the trial court. I believe it would serve the purpose of setting out what the exact issues for adjudication were and the laws applicable. The plaintiff is laying claim to two publications, “A Hand Book on Driving” and “Questions and Answers for Passing Your Driving Test”. It is his case that the defendant had infringed his copy right by reproducing and authorizing the reproduction of substantial part of these books. These infringements, according to plaintiff, can be found in defendant’s book entitled ‘Passing Your Driving Theory with Ease.” He particularized the pages where the defendant had caused the reproduction in paragraph 7 and 8 of his statement of claim. He alleged further that there is a book “Driver Companion, A Comprehensive Textbook On Defensive Driving” authored by the defendant, portions of which the defendant lifted from his Handbook on Driving. It is his belie...