Kampala – Uganda – Jamaican singer Garfield Spence, widely known by his stage name Konshens, has emerged triumphant in a copyright infringement case against telecom giants in Uganda. The case, which was heard in the High Court of Uganda at Kampala, Commercial Division, saw Konshens alleging that his exclusive intellectual property rights were violated when his songs were used as caller tunes without his consent.
Konshens, the acclaimed artist behind hits such as ‘Gyal a Bubble’ and ‘Jamaican Dance,’ maintained that his ownership of the suit songs was never assigned or compromised in any manner to the defendants in the case. The defendants, namely Airtel Uganda Limited, OnMobile Global Limited, and Mtech Limited, were accused of making unauthorized use of Konshens’ copyrighted songs by offering them as caller tunes to subscribers through a program named “Hello Tunes.” These tunes were provided at a fee of UGX 600 per download.
In the verdict delivered by Honorable Justice Patricia Mutesi on 21st August 2023, the court found Airtel Uganda Limited and OnMobile Global Limited defendants jointly and severally liable for infringing Konshens’ copyright in the suit songs by distributing and utilizing them as caller tunes without securing the artist’s consent. Moreover, the court declared that the distribution of the songs without remitting the proceeds to Konshens amounted to unjust enrichment on the part of the telecom companies.
The court awarded Konshens a compensation of USD 180,000 as general damages for the infringement of his copyright. Additionally, interest on the awarded compensation was set at 15% per annum from the date of filing the lawsuit until the full payment is made. Notably, the Airtel Uganda Limited and OnMobile Global Limited were ordered to pay exemplary damages of UGX 20,000,000 and UGX 30,000,000 respectively, for their involvement in copyright infringement. The court also decreed that interest on these exemplary damages would be 10% per annum from the date of judgment until the payment is complete.
Furthermore, the court ruled in favor of Konshens and the third party in terms of costs, ordering the defendants to bear the legal expenses incurred during the course of the lawsuit.
This landmark judgment serves as a testament to the importance of safeguarding artists’ intellectual property rights, especially in the digital age where unauthorized distribution and use of creative works have become increasingly prevalent. The ruling sends a clear message to entities that unauthorized use of copyrighted content will not be tolerated and can lead to severe legal consequences.
The case also underscores the significance of legal frameworks in protecting the rights of creators and fostering a fair environment for creative expression, both nationally and internationally. As the music industry grapples with issues of copyright infringement in the digital landscape, the judgment offers a ray of hope for artists seeking to protect their artistic endeavors from exploitation.
