[2018]DLHC3719 • April 13, 2018 • High Court
BRIGHT ONYINA vs. MR. KWARTENG @ WAKEDI
The Plaintiff, a music producer, sued the Defendant, a businessman producing and selling CDs, claiming ownership of copyrights to certain musical works assigned to him by composers Anthony Owusu Ansah and Osuani Katakyie Afrifa. The Plaintiff alleged the Defendant produced and sold copies without consent, withheld proceeds, replaced Plaintiff's image on CDs, and caused his unlawful arrest. The Defendant denied the Plaintiff's copyright claims, asserting he had agreements with the original composers and was the customary successor to Anthony Owusu Ansah's estate, thus the rightful copyright holder. The Defendant also counterclaimed alleging the Plaintiff pirated his works and committed fraud.
read moreThe Plaintiff herein who describes himself as a music producer commenced the instant action against the Defendant whom he describes as a businessman who sells and produces compact disc (CDs). The original writ of summons and statement of claim were issued on 24/02/2015. With leave of the court, the Plaintiff amended his writ of summons and statement of claim on 03/06/2016 wherein he claimed the reliefs as set out below: i. An order of the court declaring the Plaintiff as the copy- right owner of “PSALM 23; “DOCTOR A DECLARE WO”; “MONTINTIM”; and “YEHOWA BEHWEWO”. ii. An order directing the Defendant to render account on the sale of the Albums from 2012 to date. iii. An order of the Court restraining the Defendant, his assigns, privies, agents, servants, workmen and all those claiming through him from interfering with the production, sale, ownership and dealing with CDs the Plaintiff has the copy right to. iv. Damages for unlawful arrest and malicious prosecution of th...