Wakilii

Uganda Performing Rights Society v MTN (U) Ltd (Civil Suit No. 287 of 2010)

High Court · [2012] UGCOMMC 169 · 2012 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit claiming special damages, general damages, and a declaration for alleged copyright infringement arising from public musical performance
Decision
Suit dismissed for failure to prove cause of action

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The plaintiff had locus standi to sue in its own name under a reciprocal representation agreement empowering it to enforce foreign copyright owners' rights without requiring a power of attorney. However, the suit was dismissed for disclosing no cause of action, as the plaintiff failed to prove that the UB40 members who performed at the defendant's concert were the same individuals who had assigned their performing rights to the foreign collecting society.

Outcome

Suit dismissed for failure to prove cause of action

Facts

In February 2008, the defendant contracted UB40, a UK band, to perform a concert at Lugogo grounds in Kampala. The plaintiff, a registered collecting society in Uganda, claimed that UB40 members had assigned their performing rights worldwide to the Performing Rights Society of UK (PRS UK), with which the plaintiff had a reciprocal representation agreement. The plaintiff alleged that the defendant organized the concert without obtaining a license or paying performance royalties to the plaintiff, and sought a declaration of unauthorized performance, special damages of 3% of gate collections, general damages, interest, and costs. The defendant argued that UB40 members retained personal performance rights despite any assignment and that it was duly authorized by UB40 to organize the concert. At trial, the plaintiff failed to prove that the UB40 members who actually performed at the Kampala concert were the same individuals who had assigned their rights to PRS UK.

Issues

  1. Whether the plaintiff has locus standi to sue the defendant.
  2. Whether the plaintiff has a cause of action against the defendant.
  3. Whether the defendant is liable to pay royalties to the plaintiff.

Orders

  • Suit dismissed.
  • Costs awarded to the defendant.

Rules and key headnotes

Copyright — Collecting Societies — Locus Standi to Sue
A local collecting society acting under a reciprocal representation agreement with a foreign collecting society has locus standi to sue in its own name for copyright infringement without requiring a power of attorney, where the reciprocal agreement expressly confers exclusive enforcement rights and permits the local society to commence legal proceedings either in its own name or that of the copyright owner.
Copyright — Assignment of Rights — Effect on Assignor's Rights
Where a copyright owner executes a deed of assignment that assigns all performing rights in musical works for all parts of the world to a collecting society to hold for its exclusive benefit during the continuance of the assignor's membership, the assignor retains no residual performance rights except where the collecting society specifically reassigns the right back to the member under the society's articles of association.
Copyright — Reciprocal Representation Agreements — Validity Without Registration
A reciprocal representation agreement between collecting societies is not required by law to be registered under the Copyright and Neighboring Rights Act 2006, and its non-registration has no bearing on its validity or enforceability.
Cause of Action — Elements Required
For a plaint to disclose a cause of action, the plaintiff must show (i) that it enjoyed a right, (ii) that the right has been violated, and (iii) that the defendant is liable. Where the plaintiff fails to prove that the alleged right has been violated, the suit discloses no cause of action and must be dismissed.
Copyright Infringement — Burden of Proof
In a copyright infringement claim based on assigned performing rights, the plaintiff must prove (i) that the persons who performed at the allegedly infringing concert were the same individuals who had assigned their performing rights to the foreign collecting society, and (ii) that the songs performed were part of the music works that were assigned. Failure to establish this nexus defeats the claim of infringement.
Special Damages — Strict Proof Required
Special damages must be specifically pleaded and strictly proved. A claim for special damages based on hearsay evidence from media reports and the internet, without production of the actual media reports or verification from a witness, is merely speculative and cannot be relied upon by the court to assess and award damages.

Legislation cited (12)

  • Copyright and Neighboring Rights Act 2006 s.3
  • Copyright and Neighboring Rights Act 2006 s.14(1)(a)
  • Copyright and Neighboring Rights Act 2006 s.14(1)(b)
  • Copyright and Neighboring Rights Act 2006 s.44(1)
  • Copyright and Neighboring Rights Act 2006 s.46
  • Copyright and Neighboring Rights Act 2006 s.58(c)
  • Copyright and Neighboring Rights Act 2006 s.58(d)
  • Copyright and Neighboring Rights Act 2006 s.58(i)
  • Copyright and Neighboring Rights Act 2006 s.81
  • Civil Procedure Rules Order 3 rule 2
  • Civil Procedure Rules Order 7 rule 14
  • Civil Procedure Rules Order 10

Cases cited (12)

  • Performing Rights Society Ltd v Grand Theatres Ltd [1970] 1 EA 576
  • Oboth Marksons Jacob v NRM (Miscellaneous Application No. 108 of 2010)
  • Jeshang Popat Shah v Meera Investments (Miscellaneous Application No. 747 of 2002)
  • Mugoya Construction and Engineering Ltd v Central Electricals International Limited (Miscellaneous Application No. 699 of 2011)
  • Johan Sebataana v Abanenamar Yorokam (Civil Suit No. 99 of 2005)
  • Mrs. Tereza Beatrice Nalumaga Nyaika v Prince Patrick Olimi Kaboyo (CS No. DR MFP 12/90)
  • Cellutant Kenya Ltd v Music Copyright Society of Kenya Ltd [2009] eKLR
  • Auto Garage v Motokov (No. 3) [1971] EA 514
  • Performing Right Society Ltd v Harlequin Record Shops Ltd (1972) 2 All ER 828
  • Eladam Enterprises Ltd v S.G.S (U) Ltd & others (Civil Appeal No. 20 of 2002)
  • KCC v Nakaye (1972) EA 446
  • Ronald Kasibante v Shell Uganda Ltd (HCCS No. 542 of 2006)

Full judgment

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

Uganda Performing Rights Society v MTN (U) Ltd (Civil Suit No. 287 of 2010) [2012] UGCommC 169 (21 December 2012)
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.