A COURT HAS AWARDED TWO TANZANIAN MUSICIAN SH 2.18 BILLIONS AFTER SENDING THEIR CLAIMS IN COURT ABOUT THE MOBILE NETWORK USING THEIR SONGS WITHOUT AGREEMENT..
HAPA CHINI▼▼
HAPA CHINI▼▼
A court has awarded two Tanzanian musicians Sh2.18 billion in special damages in a landmark ruling that could set a precedent in the application of the copyright law in the country.The huge award was won by Bongo flava artistes Ambwene Yessaya @aytanzania and Hamisi Mwinjuma @mwanafa who had sued mobile phone company MIC Tanzania (Tigo), for unauthorised use of their music as caller tunes. A caller tune is a tone that is in the form of music that is heard by a person making a call as they wait for the person being called to answer the phone.
Hamis Mwinjuma - Mwana FA
Ilala Senior Resident Magistrate Juma Hassan granted the award on April 11 after a four-year court battle between the parties. The award also includes a separate Sh25 million in general damages. News of the fine against Tigo only came to light this week on Tuesday when the firm went to the High Court to block the execution of the award pending its appeal. History in the copyright field would be made should the High Court uphold the judgement by the Ilala District Court.
Ambwene Yessaya - AY
MwanaFA
said it was time those who had in the past taken the basic copyright
laws for granted realised that things have changed. “This is a key
moment in copyright in Tanzania. This is something that has been
happening for quite a long time now mainly because of lack of knowledge
and maybe because of the costs associated with such cases,” he said.
He added: “Nobody is supposed to use your work without your permission or agreement and if at all he has benefited then he is supposed to share with you according to the price tag you have set for your work.” The mobile network operator has, however, filed for a stay of execution and has appealed against the judgment and decree for payment at the High Court. The appeal was initially set to be heard on Tuesday but was adjourned to tomorrow. The artistes claim that Tigo sold without permission in the form of caller tunes content that belonged to them without any agreement between the two parties. The two songs at the centre of the controversy are Dakika Moja and Usije Mjini, which were both done in collaboration by AY
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