Ghana Music Producer Spiky Wins $250,000 After Suing CAF For Using His Music Without Permission
- Music producer Kwabena Ofei-Kwadey Nkrumah, aka Spiky, has won his intellectual property rights case against CAF
- Nkrumah was awarded damages of Ghana cedi equivalent of $250,000 and legal costs of GH¢40,000
- A commercial court found CAF guilty of failing to obtain legal permission before using Nkrumah's music
- Nkrumah expressed his excitement at this massive legal victory in exclusive comments to YEN.com.gh
Music producer Kwabena Ofei-Kwadey Nkrumah has won his intellectual property rights case against CAF.
A commercial court in Accra found CAF, Africa's football governing body, guilty of failing to obtain legal permission before using Nkrumah's music for promotional materials for the 2018 CAF awards.
Source: UGC
Lawyers from Anku At-Law, who represented Nkrumah, argued that CAF plagiarised, appropriated, and infringed on copyright by failing to acknowledge him as the owner.
This lawsuit came three years after Nkrumah, in a series of tweets in 2019, called out CAF for copyright infringement.
PAY ATTENTION: All celebrity news in one place! Follow YEN's Facebook Broadcast channel and read on the go.
According to Starr FM reports, Nkrumah noted that CAF had sent an email admitting to the infringement and apologised to him. It did not respond to requests for compensation.
In its defence, CAF admitted to failing to obtain prior consent for using the soundtrack, which it claimed was “available online for free download without any restrictions or conditions, to use for the artwork posted on CAF’s social media platforms.”
CAF also denied using the soundtrack for commercial purposes, as the awards were a non-profit event.
He was awarded damages of Ghana cedi equivalent of $250,000 and legal costs of GH¢40,000 against CAF.
Spiky, reacting to the ruling, said the legal battle and subsequent ruling was a win for producers whose creative works have been stolen or illegally used.
Read also
Marwako fast food says it will appeal High Court's decision on 2022 food poisoning incident
Ghana's arts and culture scene has struggled to properly enforce copyright issues, leading to a fair number of claims.
Most recently, Ghanaian DJ and musician DJ Azonto demanded $10 million from Vice President Dr Mahamudu Bawumia for using his Fa No Fom song at a campaign rally.
According to a statement from DJ Azonto's management, the demand reflects the value of the work and the damages incurred to the artiste.
How did Spiky react to the legal victory?
In comments to YEN.com.gh, Nkrumah expressed his excitement at the win and the potential to protect the intellectual property of all creatives.
"This victory isn't just for me; it's a win especially for all creatives and for young Ghanaians who have lost faith in the system. Our legal system works, and intellectual property rights are real and respected in Ghana."
He further expressed hope that his case would inspire others in the creative industry to fight for their rights.
Spiky still makes beats despite working in media and as a consultant. He is hopeful that the resolution of this saga will spur him to make more music.
"Music has the power to connect us all, and I want to be a part of the spark that reignites the flame in the creative industry in Ghana."
NFA cautions media against airing films without copyright authorisation
YEN.com.gh reported that the National Film Authority has advised media houses to assess shows on their channels to ascertain their copyright authorisation.
This follows a series of complaints from global film distributors about Ghanaian media houses airing their films without permission.
The NFA says breaching copyright rules could lead to civil and criminal prosecution.
New feature: Сheck out news that is picked for YOU ➡️ click on “Recommended for you” and enjoy!
Source: YEN.com.gh
