REX OWUSU MARFO V. JOY INDUSTRIES LTD

JUDGMENT 

ANTHONY OPPONG JA: 

The Respondent is a Ghanaian music composer, music producer, writer, publisher  and performer of no mean repute. He delved into the music industry from 1982. He  has 15 albums to his credit. In 2004, he released an album titled ‘ADJALA’. That album  contains the successful song ‘DA DA DI DA’. The Respondent registered and/or  declared the album and the song with the erstwhile Copyright Society of Ghana  (COSGA) under the then Copyright Law, 1985 (PNDCL 110). 

On or about 2013, to his dismay and chagrin, Respondent discovered that the  Appellant had been commercially using part of his work from the song ‘DA DA DI  DA’ to promote or advertise its product JOY DADI BITTERS, without seeking nor  obtaining the permission or license from Respondent, the right holder/owner. 

The advertisement used to be aired on some radio stations at least four times a day. It  used to be usually aired on the stations’ morning show programs which had wide  coverage and in some ins…