The Ghana Music Rights Organisation (GHAMRO) has settled a lawsuit brought four years earlier against telecommunications providers MTN, Vodafone, and Airtel Tigo.
Her Justiceship Jennifer Abena Dadzie presented the judgment on March 10, 2021, at the Accra High Court of Justice (Commercial Division ’10’).
In its landmark decision, the judge issued GHAMRO the reliefs requested, including the recovery of royalty for public production, paying for income earned by public performance, payment of 10% copyright royalties on profits produced from the usage of works attributed to GHAMRO representatives, and granting uniform licenses for use and performance as well.
The court further declared that when performing artists have already delegated their interests in a public production to GHAMRO, the artistes themselves are not the proper persons to collect royalties, and no deal would prevent GHAMRO from bringing a suit to reclaim the royalties owed to it. In that regard, the court awarded GHAMRO a cost of sixty thousand Ghana Cedis (Ghc 60,000) towards each of the Telecom firms.
Meanwhile, GHAMRO, via its solicitors, would work with Telcom firms to enter into account in recognition of the rulings and alliance services to the Industry. GHAMRO is thankful for the assistance it received throughout the time.
This landmark case has positioned GHAMRO to influence the licensing of music in public performances by TELCOS firms and, by implication, other recipients of musical works from its given catalogue.
As a result, the right owners, consumers such as hotels, restaurants, transport operators, content providers, night clubs, banks, filling stations, malls, and all other users are urged to take notice of this release.
Background
As a precursor to this lawsuit, GHAMRO filed an action in 2016 via its solicitors, Poku Edusei & Associates, seeking a judgment that the inability of the Telecom networks, MTN, VODAFONE, TIGO, and AIRTEL to procure consumer licenses for the public performance of musical works as well as enabling music downloads through their various networks constituted copyright infringement.
In addition, the Society required that the corporations pay for profits obtained from the public use/performance of its musical works after 2012, as well as be obliged to acquire consumer licenses for the public use and performance of the musical works.
Finally, GHAMRO demanded penalties for copyright infringement and the award of 10% copyright royalty on sales obtained from music purchases and uses/performance since 2012.
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SOURCE: ATLFMONLINE
