Uganda Case Law

Mwambusya & Another v Museveni (Application 25 of 2010)

Mwambusya & Another v Museveni (Application 25 of 2010) [2013] UGRSB 1 (14 February 2013)

Court

Uganda Registration Services Bureau

Case number

Application 25 of 2010

Judges

Mercy Kyomugasho Kainobwisho - Assistant Registrar, URSB

The Registrar found that the objectors had locus standi to object to the registration of copyright in the applicant's work, as provided by Regulation 6(1) of the Copyright and Neighbouring Rights Regulations, 2010. On the substantive issues, the Registrar held that the applicant's musical work 'You want another rap' qualifies as a derivative work under Section 5(2) of the Copyright and Neighbouring Rights Act, 2006. The work was found to be original in its expression, combining traditional folk songs with modern beats and rap, and thus meeting the threshold for copyright protection. The Regis…

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• Copyright Registration
• Derivative Works
• Originality Requirement
• Folklore Protection
• Musical Works
• Public Domain

Stella Atal v Ann Abels Kirata (High Court Civil Suit No. 967 of 2004)

Stella Atal v Ann Abels Kirata (High Court Civil Suit No. 967 of 2004) [2009] UGCommC 159 (11 December 2009)

Court

Commercial Court of Uganda

Case number

High Court Civil Suit No. 967 of 2004

The court found that the plaintiff was the author of certain original artistic works, having demonstrated sufficient effort and originality in their creation, and thus entitled to copyright protection under Ugandan law. The court held that copyright subsists in the expression of ideas, not the ideas themselves, and that only the specific expression of the plaintiff's works was protected. Upon comparing the plaintiff's and defendant's works, the court determined that only two pieces were substantially similar in both idea and expression, amounting to infringement. The defendant's counterclaim…

Source excerpt

• Copyright Infringement
• Artistic Works
• Originality Requirement
• Damages For Infringement
• Injunctive Relief

Atal v Kiruta t/a 97 Africa Arts & Crafts

Atal v Kiruta t/a 97 Africa Arts & Crafts (Civil Suit No. 967 of 2004) [2009] UGCommC 59 (11 December 2009)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 967 of 2004

The High Court held that Stella Atal owned copyright in original artistic works and that the defendant infringed two pieces. The counterclaim failed.

• Copyright Infringement
• Artistic Works
• Originality Requirement
• Remedies For Infringement
• Damages Assessment
• Copyright-infringement