[2016]DLHC4262October 31, 2016High Court

GEORGE BOSOMPIM AND NII LANTE KUMI-BRUCE vs. TV3 NETWORK LIMITED AND EVANS KUMI WADEWOR

The plaintiffs, George Bosompim and Nii Lante Kumi-Bruce, claimed ownership and copyright infringement of the television series 'Barber and Shoeshine Boy' (BNS). The 1st plaintiff was formerly employed by Gama Film Company Limited (Gama), which produced the series aired on TV3 Network (1st defendant). After Gama was divested in 2013, TV3 contracted the plaintiffs to continue production but later terminated the contract and engaged the 2nd defendant to produce the series without acknowledging the plaintiffs' contributions. The plaintiffs alleged infringement and plagiarism of their copyright and sought declarations, damages, and injunctions. The defendants denied these claims and counterclaimed ownership of the copyright.

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Until the year 2013, the 1st plaintiff was an employee of the Gama Film Company Limited which had produced a television series known as Barber and Shoeshine Boy (BNS). This television series was being shown on the 1st defendant’s television network known as TV3. It so happened that when Gama was divested in the year 2013, the 1st defendant needed the continuous production of the television series BNS, so, according to the plaintiffs, the 1st defendant entered into an arrangement with the plaintiffs to continue with the production of the series for a fee of GH₵7,000 per episode that was produced. After a while, the 1st defendant abrogated the contract with the plaintiffs for the production of the television series BNS and then engaged the 2nd defendant to produce the series. The 2nd defendant who then started producing the series did not acknowledge the plaintiffs in the television series subsequently produced. The plaintiffs claim that the concept, content and the music of Barber...