The Commercial Division of the High Court Judge Patricia Kahigi Asiimwe has directed Brookside Company Limited’s Vincent Omoth the company’s marketing manager and Atii and Kati company limited to compensate Gloria Akech with Shs50m plus 15% interest annually from the date of the judgment for violation of her copyright work....CONTINUE READING
The judge further with immediate effect stopped the defendants from using the plaintiff’s work for marketing their products without her consent.
According to Court records, Akech through her lawyers of Citadel Advocates told Court that in December 2021, she approached Brookside Company with an idea to run a campaign aimed at marketing their products like fresh dairy milk.
In her proposal, Akech’s idea involved assuring the public that when you take a Brookside product, it extends your life.
Through her affidavit, she explained to Court that her marketing concept was that Brookside would sell its milk products by gathering women in Uganda to discuss different topics and during the discussions, the women would be enjoying taking milk as a means of publicizing the milk brand.
Her marketing concept was submitted in form of demonstration videos and a document that contained a proposal.
She gave them to Omoth and explained to him her vision of the campaign and that the goal of the campaign was detailed in the plan.He proposed a monthly budget of Shs7,500,000.
Akech stated that Omoth assigned her to work with Atii and Kati Company which is an events and marketing company and Monica Kulabako Ineza was assigned to coordinate the campaign.
Omoth further instructed Akech and Kulabako to coordinate and look for the venues, snack suppliers, and women to whom the brand will be marketed.
Akech stated that, Omoth asked for a budget which she submitted in an email dated June 2022 but she was surprised when he started becoming elusive and later discovered that he conspired with Kulabako’s company to bring on board another person in the names of Bahati Hilda Sabiti to run her fresh dairy campaign using her work.
She insisted that she never consented to Bahati using her demonstration videos and proposals claiming that she together with other defendants illegally used her work.
However, the defendants through their lawyers of M/S Ntwali & Co. Advocates pleaded with court to dismiss Akech’s claim adding that her budget did not align with their marketing strategy which they used to target their audience and she was informed.
In his affidavit, Omoth insisted that him and his company never signed any agreement with Akech and they even denied ever naming her as their brand ambassador given that in their company, there are clear processes followed for approval of a supplier which commences with the issuance of a Local Purchase Order which they never issued to her.
He challenged Akech to provide court with evidence showing that she was contracted by their company as a brand ambassador.
Omoth stated that Akech adopted the material aspects for her proposal from him therefore, she cannot claim novelty and originality regarding the proposal and demonstration videos presented to court as evidence.
After examining the evidence before her, the presiding judge discovered that the demonstrated video and documented proposal passed the originality test for copyright protection.
He thus declared that the work under contestation originated from Akech.
One of the witnesses testified that prior to receiving Akech’s work, Omoth had not previously received any similar proposal which means that her works were the first proposal that he received.
The witnesses further told Court that Omoth received Akech’s proposal and that of Bahati which means that it is possible that the proposal submitted to Atii and Kati Limited could have gotten into the hands of Bahati. He added that it is also possible that Omoth passed Akech’s proposal to Bahati given that there is substantial similarity in the two proposals.
The judge found out that Bahati had access to Akech’s works which resulted into infringement of her copyright.
The judge explained that Akech proved to court that she generated her content with the aim of benefiting from it and it is the reason why she took it to Brookside so that they pay her, but instead they decided to violate her copyright and handed it over to Bahati..<<CONTINUE READING>>
