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(1990) JELR 68652 (HC)

High Court  •  17 Aug 1990  •  Ghana



BROBBEY J.: Describing himself as a musician, the plaintiff sued the first defendant in his capacity as a music publisher and the brain behind the second defendant. The second defendant was sued as a music publishing company. In his original writ the plaintiff sued for:

(i). accounts;

(ii).¢15 million damages for copyright infringement; and

(iii). perpetual injunction restraining the defendants, servants, agents or privies from the continued infringement of the plaintiff’s copyright.

The case of the plaintiff at the beginning of the trial was this: He created some piano music some time in 1975 in the form of an album described as “Keyboard Africa.” That album was tendered as exhibit A. The first defendant orally agreed to publish the musical creation on the basis that the plaintiff and the first defendant would share the profits in equal proportions. According to the plaintiff, the first defendant reneged from this oral agreement. The plaintiff therefore terminated the agreement in the sa…

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