NMJ ENTERTAINMENT AND ANOTHER
V.
RLG COMMUNICATIONS AND 3 OTHERS

(2017) JELR 63685 (HC)    
High Court  ·  SUIT NO. IPR/15/13 ·  6 Apr 2017 ·  Ghana
CORAM
GEORGE K.KOOMSON JUSTICE OF THE HIGH COURT
Core Terms Beta
defendant
2nd plaintiff
song
evidence
wedding day’ song
court
wedding day
case of the plaintiffs
exhibit a
musical work
1st plaintiff
aid of a machine
artistic quality
basis of widespread distribution of plaintiffs
case of a work
consent of the plaintiffs
contention of the plaintiffs
copyright act
copyright infringement
copyright of the plaintiff
credible evidence
derivative work
evidence of the 2nd plaintiff
first question
following works
independent source
joint author
judicial notice of the fact
lead evidence
matters of this nature
mobile phones
nature of the infringing ringtone
original demo
plaintiffs claim
present state of facts
proof of the fact
reasonable grounds
ring tones
said android phones
subject-matter
tone of the defendant
unauthorised use of the 2nd plaintiff
way of evidence of this wedding day song

By their writ of summons, the plaintiffs claim against the defendant the following reliefs:

1. Perpetual Injunction restraining the defendant by themselves or by their servants or agents or otherwise howsoever from further infringing the copyright of the plaintiff’s in the song ‘wedding day’.

2. GHS 200,000.00 being damages for copyright infringement on the basis of widespread distribution of plaintiffs’ ‘wedding day’ song.

3. General damages for breach of contract

4. Costs including legal fees.

The case of the plaintiffs is that the 2nd plaintiff, a musician, composed a song called the ‘wedding day’. It is the contention of the plaintiffs that at the time the 2nd plaintiff composed the ‘wedding day’ song, the 1st plaintiff had a management contract with the 2nd plaintiff. It is the case of the plaintiffs that the defendant without authorization and consent of the plaintiffs made adaptations and sampling of the ‘wedding day’ song’s instrumentals under the same title ‘wedding day’ and publi…

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