Wakilii

Hajjat Hadijah Uzeiye Namyalo Others v Frank Gashumba (Copyright Application 89 of 2023)

Tribunal · [2023] UGRSB 7 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Objection proceedings against registration of copyright application
Decision
Copyright registration application denied; 1st objection upheld; 2nd objection dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Held that the applicant was not the author of the disputed artistic works comprising the words 'OMALAKO JAJJA TOVA KU MAIN SIGALA KU BALLOT: JAJJA WE COMMAND YOU TO STAND AGAIN IN 2026 AND BEYOND: BAZZUKULU BA MUSEVENI' and a silhouette of President Museveni. The works were already in public circulation by 19 October 2022, predating the applicant's claimed authorship date of 5 November 2022. The applicant failed to prove originality or that he was commissioned to create the works. Copyright registration denied.

Outcome

Copyright registration application denied; 1st objection upheld; 2nd objection dismissed

Facts

On 18 May 2023, Frank Gashumba applied to register copyright in artistic works comprising political campaign slogans and a silhouette of President Museveni, claiming authorship on 5 November 2022. Hajjat Hadijah Uzeiye Namyalo, head of the Office of the National Chairman of the NRM, objected, claiming her office created the works collectively and that they were publicly launched on 19 October 2022. She produced newspaper articles, video footage, and receipts showing Gashumba was paid to print T-shirts, not to create the works. Kitatta Ibrahim Almalik also objected, claiming ownership based on a registered copyright in an article titled 'OMALAKO JAJJA TOVA KU MAIN: THE IDEOLOGY OF MUSEVENI BAZZUKULU' published in January 2023. Gashumba sought to adduce additional evidence to show earlier authorship, but this application was rejected as proceedings had closed.

Issues

  1. Whether the applicant is the rightful author/owner of the works in copyright application number UG/C/2023/89.
  2. What remedies are available.

Orders

  • The 1st objection is upheld.
  • The 2nd objection is dismissed.
  • The application for registration of copyright No. UG/C/2023/89 is denied.
  • Each party shall bear its own costs.

Rules and key headnotes

Copyright — Originality — Requirement of Reduction to Material Form
For works to be eligible for copyright protection under section 4 of the Copyrights and Neighbouring Rights Act 2006, they must be original and reduced to material form. Originality does not mean novelty but that the works must originate from the author and not be copied. Preparatory stages, including conceiving the idea or practising the works, are not protected until the works are reduced to material form.
Copyright — Authorship — Date of Creation and Public Circulation
Where works claimed in a copyright application are shown to have been in public circulation before the applicant's claimed date of authorship, the applicant cannot establish originality or authorship. Evidence of prior public use, including newspaper reports, video footage, and dated materials, rebuts the applicant's claim to authorship.
Copyright — Commissioned Works — Proof of Employment or Commissioning Contract
Under section 8 of the Copyrights and Neighbouring Rights Act 2006, copyright in commissioned works vests in the employer or commissioning party in the absence of a contract to the contrary. To establish commissioned works, there must be evidence of an employment contract or a specific commissioning agreement. Receipts for payment of services such as printing do not constitute proof of commissioning to create artistic works.
Copyright — Derivative Works — Requirement of Authorization and Disclosure
Derivative works are transformations of pre-existing works and must be disclosed as such in the copyright application under regulation 4(i) of the Copyrights and Neighbouring Rights Regulations 2010. A person cannot claim copyright in derivative works without authorization from the copyright holder of the original works. Unauthorized modification or adaptation of copyrighted works constitutes infringement under section 46 of the Copyrights and Neighbouring Rights Act 2006.
Copyright — Amendment of Pleadings — Closure of Proceedings
In copyright objection proceedings, the copyright application form constitutes the applicant's pleading and contains the authentic record of authorship, including the date of creation. An applicant cannot amend pleadings by adducing contrary evidence after proceedings have closed. Amendment of pleadings must be sought before hearing, and additional evidence cannot be admitted after closure of evidence.
Copyright — Literary Works vs Artistic Works — Scope of Protection
Copyright protects the expression of ideas, not the ideas themselves. An article registered as a literary work does not confer copyright in words or phrases forming part of the article's title. Where an applicant claims copyright in artistic works incorporating words already in public use, the applicant must demonstrate originality in the artistic expression, not merely in the use of the words.

Legislation cited (25)

  • Copyrights and Neighbouring Rights Act 2006 s.2
  • Copyrights and Neighbouring Rights Act 2006 s.4
  • Copyrights and Neighbouring Rights Act 2006 s.5
  • Copyrights and Neighbouring Rights Act 2006 s.5(1)
  • Copyrights and Neighbouring Rights Act 2006 s.5(1)(a)
  • Copyrights and Neighbouring Rights Act 2006 s.5(1)(f)
  • Copyrights and Neighbouring Rights Act 2006 s.5(1)(i)
  • Copyrights and Neighbouring Rights Act 2006 s.5(2)
  • Copyrights and Neighbouring Rights Act 2006 s.5(3)
  • Copyrights and Neighbouring Rights Act 2006 s.8
  • Copyrights and Neighbouring Rights Act 2006 s.8(1)
  • Copyrights and Neighbouring Rights Act 2006 s.8(1)(b)
  • Copyrights and Neighbouring Rights Act 2006 s.9
  • Copyrights and Neighbouring Rights Act 2006 s.10
  • Copyrights and Neighbouring Rights Act 2006 s.46
  • Copyrights and Neighbouring Rights Regulations 2010 reg.3
  • Copyrights and Neighbouring Rights Regulations 2010 reg.3(1)
  • Copyrights and Neighbouring Rights Regulations 2010 reg.4
  • Copyrights and Neighbouring Rights Regulations 2010 reg.4(i)
  • Copyrights and Neighbouring Rights Regulations 2010 reg.5
  • Copyrights and Neighbouring Rights Regulations 2010 reg.6
  • Statutory Declarations Act Cap 22 s.3
  • Civil Procedure Act s.98
  • Civil Procedure Rules SI-071-1 Order 52
  • Civil Procedure Rules Order 6 rule 19

Cases cited (10)

  • University of London Press Ltd v University Tutorial Press Ltd [1916] 2 Ch 601
  • Al Hajji Nasser Ntege Sebagala v MTN Ltd and Another (Civil Suit No. 283 of 2012)
  • Eastern Bakery v Casteline [1958] 1 EA 461
  • Lakhashmi Brothers Ltd v R. Raja & Sons [1966] EA 313
  • Angella Katatumba v Anti-Corruption Coalition (Civil Suit No. 307 of 2011)
  • Market Investigations Ltd v Minister of Social Security [1969] 2 QB 173
  • British Northrop Ltd v Texteam Blackburn Ltd [1974] RPC 57
  • Temple Island Collections Ltd v New English Teas Ltd [2012] EWPCC 1
  • Atal v Kiruta t/a 97 Africa Arts and Crafts (Civil Suit No. 927 of 2004)
  • Winnie Asenge v Opportunity Bank (Civil Suit No. 756 of 2013)

Full judgment

↓ Download PDF

The original judgment as reported. Read the original PDF before relying on any passage.

Hajjat Hadijah Uzeiye Namyalo Others v Frank Gashumba (Copyright Application 89 of 2023) 2023 UGRSB 7 (18 October 2023)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.