Uganda Performing Rights Society vs MTN: Importance of Evidence in Copyright Litigation

 

This blogger has recently had occasion to revisit the judgment in the case of Uganda Performing Rights Society v. MTN (U) Ltd, Civil Suit No. 287 of 2010. This case was discussed earlier this month over at the Afro-IP Blog under the title: “A step forward for Uganda’s copyright law – landmark case”, where it was concluded that:

“Although UPRS was not able to recover damages due to a technical glitch in its legal maneuvers, the fact that the Commercial Court came out with a pronouncement on the powers of a Collecting Society to demand for royalties in music performances, is a step in the right direction.”

One may wonder, what was this “technical glitch” that cost UPRS the case? What could UPRS have done differently?

Having perused the judgment of the Honourable Lady Justice Hellen Obura in this case, this blogger is of the view that there were some fundamental mistakes made by UPRS that serve as important lessons for those seeking to increase their odds of success in copyright litigation.

Read the rest of this article over at the CIPIT Law Blog here.

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