GRi Art & Culture 07 - 06 - 2002
Accra (Greater Accra) 07 June 2002 - An Accra High Court has dismissed a writ filed by the Ghana Society of Composers, Authors and Publishers (GHASCA) against Gamugram Trust Limited (GTL).
Setting aside the writ, the presiding judge, Mr Justice Yaw Appau stated that it was the Copyright Office, headed by the Copyright Administrator and a party to the suit that was operating the Gamugram system.
He said since the GTL was only invited to assist the Copyright Office to discharge its legal responsibility conferred on it by PNDC Law 110, otherwise known as the Copyright Law, it was wrong for GHASCA to bring an action against GTL.
Mr Justice Appau recounted that the Copyright Office under the Copyright Law was set up to protect literary and artistic works of authors from being pirated by others who did not contribute in any way to their production.
He stated that looking at the question of who introduced the Gamugram system and who was managing, operating and administering it, it was evident from the Copyright Administrator's statement of defence and the contents of radio and television advertisements that it was the office of the Copyright Administrator, which was operating the Gamugram system.
The presiding judge pointed out that if it was GHASCA's contention that it was a society of composers, authors and publishers, then it was the interests of such bodies or groups of people, which the Copyright Office was established to protect.
For this reason, he said, if the introduction of the Gamugram system was not in their interest, then the Copyright Office was the proper body to be sued, and not GTL, the company that was only brought in to assist to help discharge that legal responsibility of managing and administering the system. Mr Justice Appau stated that GHASCA had no action against Gamugram, and described the suit as incompetent and of no merit and accordingly dismissed it.
On the Copyright Administrator's prayer for the court to dismiss the suit in its entirety, the presiding judge sounded a note of caution that since the Copyright Administrator had shown his readiness and desire to defend the action by filing a statement of defence, it would be improper and wrong for the court at this stage to set aside the entire suit.
In Law, GHASCA has a couple of months within which to file summons for direction to enable the court to examine the merits and demerits of the case against the Copyright Administrator.
Mrs Monica Evans Quayson is representing musicians like Carlos Sekyi, Charles Amoah and Kwadjo Acquaye of GHASCA while Mr Thaddeus Sory is counsel for others like Alhaji Sidiku Buari, President of the Musicians Union of Ghana.
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