ARCHIBOLD vs. C.F.A.O. [1966]DLHC1653

Date	1966-01-25
Suit No.
Citation No.	[1966]DLHC1653

HAYFRON-BENJAMIN J.

N. O. ANNAN FOR THE PLAINTIFF.

J. B. QUASHIE-IDUN FOR THE DEFENDANTS.

[1966]DLHC1653
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													<main id="main" class="content" style="min-height: 60rem" >ARCHIBOLD <o:p></o:p>vs. <o:p></o:p>C.F.A.O. <o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>[1966] GLR 79<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
25 JANUARY 1966.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

N. O. ANNAN FOR THE PLAINTIFF.<o:p></o:p>

J. B. QUASHIE-IDUN FOR THE DEFENDANTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

HAYFRON-BENJAMIN J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF HAYFRON-BENJAMIN J.<o:p></o:p>The
plaintiff by his writ claims £G25,000 damages for conversion of the plaintiff’s
musical works in twelve songs taped by the defendants onto Senaphone label
gramophone records; the said records were sold by the defendants as wholesalers
to other retailers and also by retail to the public at the price of seven
shillings per record without the plaintiff’s consent first had and obtained.
The writ was taken out on 30 December 1963.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff’s case as appearing in his pleadings is that he is the owner of
twelve musical works entitled Rain Drops, Take her in your Arms, Follow your
Lover, Anne Claire, Where are you, Sailing Home, Baya Mambo, Emma Wawa, Sweet
Adelina, Negrita Samea, Amada Mia and last but by no means the least, Little
Auctioneer.<o:p></o:p><o:p>&nbsp;</o:p>He states
that he is the owner of the copyright therein and of the sole right of taping
and recording such works on gramophone records and of selling such records to
the public and to other retailers. The defendants were in the years 1956-61,
owners of the record label, Senaphone and were manufacturers of gramophone
records with the said Senaphone label. They taped and recorded the said twelve
records on diverse dates between 1959, 1960 and 1961, without the plaintiff’s
consent first being obtained. They sold these records by wholesale to other
retailers and also by retail direct to the public on diverse dates during the
years 1959 and 1960, the last of such wholesale and retail sales being made in
1961 by auction to other retailers and the public without the consent of the
plaintiff.<o:p></o:p>In all, according
to the plaintiff the defendants sold 30,000 copies of each record, making a
total of 360,000 records sold at seven shillings per record and they converted
the proceeds to their own use. The plaintiff therefore claims the substantial
sum of £G25,000 as damages.<o:p></o:p><o:p>&nbsp;</o:p>The
defendants in their statement of defence deny that the plaintiff is the owner
of the songs and also that he is the owner of the copyright in the said songs.
They go further and state that no copyright exists in the songs at all. They admit
recording the said songs on the Senaphone label, but deny recording or selling
any of those songs in or after the year 1959. They admit that they sold records
at a public auction in 1961, but deny that any of the records mentioned in the
statement of claim were sold that day. By 1961 they had already closed down
their recording business because it was unprofitable. This was in 1959. The
defendants then went on to allege that on 10 September 1962 the plaintiff in
suit No. 618/1962 brought an action against the defendants in respect of the
same twelve records mentioned in the statement of claim. The claim in the said
suit was as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“(a) The
plaintiff‘s claim is for £G5,000 damages for infringement of copyright in
musical works. <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(b) An
account of all the said records made or sold by the defendants and payment to
plaintiff at the rate of three shillings per record made or sold or both by
defendants. (c) Perpetual injunction against defendants, their agents and
servants from continuing the said infringement.”<o:p></o:p><o:p>&nbsp;</o:p>The sum
claimed therein was later amended to £G12,000. On 26 June 1963 Prempeh J., gave
judgment for the plaintiff for the sum of £G10,000 with 400 guineas costs.<o:p></o:p>