[2025]DLHC18414 • February 4, 2025 • High Court
CURTIS OSEI-OWUSU vs. KASAPREKO COMPANY LIMITED
The Plaintiff, a professional photographer operating as Kwabena Awuku Photography, was engaged to produce images for Kasapreko Company's Storm Energy Drink promotional campaign featuring Brand Ambassador Charles Nii Armah Mensah (Shatta Wale). Plaintiff took photographs without a formal contract but presented them to the Defendant, who initially rejected them as substandard. Despite rejection, Defendant used the images on social media and billboards, altering colors without Plaintiff's consent. Plaintiff claimed infringement of intellectual property rights and sought damages and injunctions. Defendant contended Plaintiff was employed by Shatta Wale and that images were provided by the Brand Ambassador, denying any direct contract with Plaintiff.
read moreJUDGMENT (1) The Plaintiff, a professional photographer (using the name Kwabena Awuku Photography) in the entertainment industry, commenced the instant action against the Defendant on 13th June 2023. (2) The Defendant is a Limited Liability Company which manufactures various alcoholic and non-alcoholic beverages. (3) Per the Writ of Summons and Statement of Claim, the Plaintiff is seeking against the Defendant the following reliefs: A. A declaration that the Plaintiff holds the intellectual property rights to the images/pictures/videos (“works”) generated by the Plaintiff for the promotional campaign for the Defendant’s storm energy drink product. B. A declaration that the Defendant’s use of the works generated by the Plaintiff without Plaintiff’s consent was unlawful and constitutes an infringement of Plaintiff’s intellectual property rights to the works. C. Damages of Three Million Ghana Cedis (GHC3,000,000.00) as compensation for breach of Plaintiff’s intellectua...