Quiet Garden Publishing Limited v Lutaya
Quiet Garden Publishing Limited v Lutaya (Civil Suit 912 of 2021) [2024] UGCommC 118 (25 March 2024)
The court found that while the Plaintiff established its exclusive rights to publish, market, and distribute 'Grief Child' in Uganda, it failed to produce the alleged infringing copies in evidence. The law requires the court to compare the original work with the alleged infringing work to determine substantial similarity and infringement. Oral testimony about the existence of counterfeit books, without production of the infringing copies themselves, was insufficient to meet the evidentiary threshold. The Plaintiff did not discharge its burden of proof under the Evidence Act, and the similarit…
Source excerpt
- Copyright Infringement
- Publishing Rights
- Evidence Requirements
- Book Piracy