Copyright Infringement
Nyamigwa v Seventh Day Adventist Church (EA) Union [2023] KEHC 25367 (Civil Case 154 of 2011)
Facts
Joel Gichana Nyamigwa, the plaintiff, initiated a legal suit against the Seventh Day Adventist Church (EA) Union, the defendant, on July 29, 2011, claiming copyright ownership over two songbooks titled ‘Nyimbo ya Kristo’ and ‘Ogotera Kw’ogotogia Nyasae’. The plaintiff asserted that he composed, translated, and compiled these songbooks beginning in 1973. However, the defendant claimed that these songbooks were developed through its subsidiary, Africa Herald and Publishing Home, and that the plaintiff unlawfully registered the copyright. The defendant sought a permanent injunction against the plaintiff to restrain him from reproducing the work and demanded that profits earned from the alleged infringement be surrendered.
Issue:
The primary issue was whether Nyamigwa infringed on the copyright of the songbooks owned by the Seventh Day Adventist Church (EA) Union by unlawfully registering and exploiting them for his own benefit.
Rule
Under Section 35 of the Copyright Act Copyright or related rights are infringed when a person engages in or causes others to engage in actions that are exclusively reserved for the rights holder. This includes any form of reproduction, distribution, public performance, or communication to the public of the copyrighted material without obtaining prior permission from the copyright owner.
Analysis
Evidence presented by the defendant indicated that the songbooks in question had been published and owned by the defendant’s subsidiary long before the plaintiff claimed to have created them. Witnesses for the defendant, including members of a review panel that worked on the songbooks, testified that the plaintiff was merely a member of this panel and was compensated for his participation, not for ownership rights. The court found that the defendant demonstrated its originatorship, compilation, translation, and arrangement of the songbooks through consistent publication records. Moreover, the plaintiff's actions, including the registration of the songbooks under his name and subsequent profit from their sales, constituted clear infringement under the Copyright Act.
This case highlights the complex nature of copyright disputes involving collaborative works and the importance of clear documentation of ownership and author rights from the outset of any creative endeavor. It also underscores the potential consequences of misrepresenting ownership over copyrighted materials, which can lead to legal actions including injunctions, financial penalties, and in this case, the revocation of falsely obtained copyrights.
Moreover, the decision to deny an account of profits due to insufficient evidence serves as a reminder of the necessity for concrete financial records when claiming damages or ill-gotten gains in copyright infringement cases. This outcome emphasises the plaintiff's burden of proof in substantiating claims for any financial remedies.
Conclusion
The court concluded that the plaintiff, Joel Gichana Nyamigwa, infringed on the copyright of the Seventh Day Adventist Church (EA) Union. The plaintiff's claim was dismissed, and the court granted the defendant’s counterclaim for a permanent injunction to restrain the plaintiff from any further reproduction or use of the copyrighted materials. Additionally, the court ordered the cancellation of the plaintiff’s copyright registration, directing that all materials related to the songbooks be surrendered to the defendant. The request for an account of profits was denied due to insufficient evidence of specific profits made by the plaintiff from the infringement. The court awarded costs of the counterclaim and the case to the defendant.
Judgement available here