photos acquired from the New Vision Printing and Publishing Corporation where it purchased
the plaintiffs’ image which it felt suitable to execute the defendant’s engagement and merging it
through Photoshop computer application with another. The third party did in fact sought and got
consent of the New Vision as Exhibit D10 shows and upon acquiring the plaintiffs’ image which
it agrees was the most applicable merged it with another from Shutter Stock Inc. Exhibit D9 (2)
and came up with the final product Exhibit D9(3). Exhibits P4, P7 and D9 (1) all bear the image
of the plaintiff. A casual look at Exhibits P5 and D9 (3) show that they bore features similar to
those in the background of Exhibits P4, P7 and D9 (1). Even the attire (clothing) is similar in all
the above exhibits. The third party agrees that it obtained the image of the plaintiff from the New
Vision Newspaper which it manipulated and came up with final product Exhibit D9 (3) and
contends that it obtained the said photographs lawfully and with the consent of the author which
is the New Vision newspaper. This is a similar position of the defendant with further arguments
that image was that in which the New Vision Newspaper had the economic rights as provided for
under the Copy Right and Neighboring Rights Act and as was upheld in the Agaitano Sikuuku v
Uganda Baati (Supra) meaning that no property rights of the plaintiff was infringed upon since
she had no copy right protection in her Image.
After considering all these arguments, I would respectively disagree with the defendant and the
third party that the plaintiff had no copy right in her image which instead they state was with the
New vision Printing and Publishing Corporation for I have had the benefit of perusing Sikuku’s
case and I find that the same is distinguishable to the instant matter for in that case the plaintiff
sought to recover damages under the Copy Right and Neighboring Rights Act which is not the
case herein as the plaintiff here is seeking the common law remedy resulting from the unlawful
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