The High Court in Kampala has ordered Airtel Uganda to pay general damages of $180,000 (about 670M) to Jamaican singer Garfield Spence alias Konshens for copyright infringement.
In the case filed in 2015, the singer had claimed that Airtel, alongside Onmobile Global Limited and Mtech Limited, distributed his songs without his consent, and refused to pay any royalties to him.
The suit songs included; Gyal a bubble’, ‘So Mitan’, ‘Jazz Version,’ ‘Simple song’, among others.
The plaintiff contended that the defendants, unlawfully accessed his songs and used them as caller tunes to Airtel’s subscribers at Shs600 per download under a program dubbed, “Hello Tunes”.
The Jamaican singer had contended that by doing so, the defendants had severally infringed his copyright in the suit songs.
Court rules
On Monday, High Court ruled in favour of the plaintiff.
In the ruling delivered by Justice Patricia Mutesi, High Court declared that by using and distributing Konshen’s songs as caller tunes without his consent, the defendants were jointly liable for infringement of plaintiff’s copyright in the said suit songs
It was further declared that the defendants’ distribution of the plaintiff’s songs without remitting the proceeds thereof to the plaintiff amounted to unjust enrichment.
Consequently, the plaintiff was awarded general damages of $180,000 (approx. 670M) as compensation for infringement of his copyright in the suit songs.
An interest rate of 15% per annum was also awarded on the general damages from the date of filing suit until payment in full.
Furthermore, Airtel was ordered to pay Shs20m as exemplary damages for copyright infringement.