Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



REX OWUSU MARFO
V.
JOY INDUSTRIES LTD

(2021) JELR 108998 (CA)    
Court of Appeal  ·  HI/ 34/ 2020 ·  17 Jun 2021 ·  Ghana
CORAM
CECILIA H. SOWAH JA. (PRESIDING), ANTHONY OPPONG JA, ANGELINA MENSAH- HOMIAH JA

Ratio Decidendi

Core Terms Beta
respondent
court
judgment
damages
exhibit q
exhibit n
trial court
right owner
trial judge
appellate court
da da di da
high court
record of appeal
right holder
weight of the evidence
4th edition
award of damages
findings of fact
judgment of the trial court
learned trial judge
part of his work
respondent’s work
supreme court
case of respondent
civil proceedings
contumacious breach of his copyright
court of appeal rules
determining factor
different lyrics
dissatisfaction of the said judgment
entire judgment
favour of the respondent
high court judge
infringement of his copyright
justice anthony oppong
learned trial
particular work
quantum of damages
radio stations
reason of the infringement award
stations’ morning show programs
successful song
trial
wrong principles

JUDGMENT 

ANTHONY OPPONG JA: 

The Respondent is a Ghanaian music composer, music producer, writer, publisher  and performer of no mean repute. He delved into the music industry from 1982. He  has 15 albums to his credit. In 2004, he released an album titled ‘ADJALA’. That album  contains the successful song ‘DA DA DI DA’. The Respondent registered and/or  declared the album and the song with the erstwhile Copyright Society of Ghana  (COSGA) under the then Copyright Law, 1985 (PNDCL 110). 

On or about 2013, to his dismay and chagrin, Respondent discovered that the  Appellant had been commercially using part of his work from the song ‘DA DA DI  DA’ to promote or advertise its product JOY DADI BITTERS, without seeking nor  obtaining the permission or license from Respondent, the right holder/owner. 

The advertisement used to be aired on some radio stations at least four times a day. It  used to be usually aired on the stations’ morning show programs which had wide  coverage and in some ins…

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