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Ex-Kampala mayor sues MTN over copyright

By , Editor, ITWeb Africa
Uganda , 20 Aug 2012

Ex-Kampala mayor sues MTN over copyright

Uganda’s ex-Kampala mayor Al Haji Nasser Ntege Sebaggala is suing telecoms operator MTN for allegedly using his speech recordings as ringtones without his permission.

Sebaggala has demanded that he receives all proceeds collected by MTN regarding the sales of the ringtones. He has even called for an audit to ascertain the amount of money collected by MTN - each caller tune costs Sh500 and is valid for 30 days, according to Uganda’s New Vision newspaper.

But MTN has hit back against the ex-Mayor’s claims in Kampala’s Commercial Court, saying that the recording is Sebaggala's voice but that he did not make the recording. MTN also says that Sebaggala did not acquire any copyright for the speeches.

"The plaintiff is not the author or the physical person who created work of the sounding recording or ringtones, and as such is not entitled to protection under the copyright law," MTN’s lawyers have argued, according to the New Vision newspaper..

Furthermore, MTN says that Sebaggala's speeches have been broadcast as current news, in the public’s interest.

"Consequently, the plaintiff did not and could not have suffered any loss or damage as alleged or at all for which he seeks general, exemplary and aggravated damages, and any claim for damages in the circumstances are remote and unsustainable," MTN’s lawyers reportedly stated.

The telecoms firm has further distanced itself from any potential wrongdoing by saying the ringtones have been procured and uploaded by a company called SMS Media Limited, which signed a service provision agreement with MTN.

A final date for the court hearing has yet to be fixed.

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