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Airtel fined Shs700m for copyright infringement
Konshens performs at BETX Live!, sponsored by Nissan, during the 2018 BET Experience at Microsoft Square at L.A. Live on June 22, 2018 in Los Angeles, California. PHOTO/FILE/AFP
What you need to know:
- The singer had claimed that Airtel unlawfully accessed the said songs before availing them at Shs600 per download under a programme known as “Hello Tunes”.
Airtel Uganda has been fined about Shs700m after court found it liable of copy right infringement on songs of Jamaican singer Garfield Spence, known by his stage name Konshens.
Konshens had accused Airtel Uganda and OnMobile Global, a software and content company, of unlawfully accessing his eight songs and using them as “caller tunes” for their subscribers without his consent.
In a verdict delivered on Monday, Commercial Court Judge Patricia Mutesi held that Airtel, by using the artiste’s songs as caller tunes for its subscribers without his consent, infringed on his copy rights.
“It is declared that by using and distributing the plaintiff’s (singer Konshens) suit songs as caller tunes without his consent, the 1st and 2nd defendants (Airtel and OnMobile Global) are jointly and severally liable for infringement on the plaintiff’s copyright in the said songs,” ruled Justice Mutesi.
The judge also observed that Airtel and OnMobile Global jointly sold the singer’s songs but never remitted any of the proceeds to him.
According to the singer, a resident of United States of America, the acts of Airtel and OnMobile Global, amounted to unjust enrichment.
“Specifically, DW1 and DW4 admitted that the 1st and 2nd defendants shared the revenue from the sale of the caller tunes, and that they did not remit any of the proceeds to the plaintiff. I therefore find that the 1st and 2nd defendants unjustly enriched themselves when they distributed and sold the suit songs without the plaintiff’s permission and without remitting to him any of the money generated,” the judge ruled.
Further in her verdict, Justice Mutesi ordered Airtel to pay Shs20m and OnMobile Global to pay Shs30m exemplary damages to the artiste.
The singer had claimed that Airtel unlawfully accessed the said songs before availing them at Shs600 per download under a programme known as “Hello Tunes”.
The songs included: Simple Song, Gyal a Bubble, So Mitan, Stop Sign, Jamaican Dance, Konshens Jazz Version, No Retreat and Jah Love Me.
Mr Silver Kayondo, a lawyer at Ortus Advocates, welcomed the judgment. “Copyright law is not self-executing/self-enforcing. Artistes will have to work on professionalising their work and enforcing their rights,” Mr Kayondo said.
He added that the government needs to establish Copyright Royalties Board to determine royalty rates like it is the case with Canada, Nigeria, Kenya.
By press time, our efforts to get a comment from Airtel Uganda were futile.
