laws of England (supra) after 1 August 1989 in paragraph 117, the author of the works is taken to be the person who created the work according to case law. Secondly sound recordings were defined as: "records, perforated rolls, and other contrivances by means of which sound would be mechanically reproduced and work protected as if they were musical works and the person who was the owner of the original plate from which the contrivance was directly or indirectly derived at the time when the plate was made was deemed to be the author". In paragraph 118 it is written that prior to 1912, the meaning of the word "author" was derived from case law. No further guidelines are given by the definition under section 2 of the Ugandan Copyright and Neighbouring Rights Act, 2006 of the expression "author". However there is a hint given by the definition of the expression "sound recording" as the aural fixation of sound in a material carrier such as a tape, disc or other similar material. Taking the definition of the word "author" as well as the meaning of the expression „sound recording‟, the two definitions give a guideline as to who the author of the sound recording is. From the definition of the expression "author", it is the person who created or creates work protected under section 5 and includes a person or authority commissioning work or employing a person making work in the course of employment. Is it the case that the Third Party employed persons to do the recording of the Plaintiff's voice and therefore is the creator of the works? Secondly the work was by fixation. The expression "fixation" is also defined under section 2 of the Copyright and Neighbouring Rights Act, to mean inter alia the embodiment of sound in a: "material form sufficiently stable or permanent, to permit them to be perceived, reproduced or otherwise communicated through a device during a period of more than transitory duration." This definition taken together with the meaning of "sound recording", clearly means the fixation of the sound in the material carrier such as the tape, disc or other similar material. The act of fixation or the manipulation of that fixation was done by the third-party employees who for purposes of claiming authorship of the recording make the third-party the creator of the works. Detailed discussion of the expression "authorship" can be found in the textbook by David Bainbridge on Intellectual Property Sixth Edition between pages 78 and 83. He makes the important distinction that the author of the work has moral rights while the owner of the works has economic rights. These two rights may be merged in one person but that is not always necessarily the case. Sometimes the author of the work will also be the owner of the copyright in the work. Ownership flows from authorship which means the person who makes the work who is normally the first owner of the copyright in the work provided he did not create the work in the course of employment. Furthermore the author notes that the expression "author" of the work is Decision of Hon. Mr. Justice Christopher Madrama Izama *^*~?+: 23

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