Commercial Court Division when a song is bought from a writer, you would spend money, money is also spent to pay the producer, pay for studio time, pay for vocal training and pay for other services that enable the production of a song. As a singer or producer you put a face on that song. If it is a video recording, your face is put on the audio recording whenever it is played. In her opinion, going through all these steps costs money. PW1 testified that with proper marketing of a song to big companies like MTN, Airtel, Mango, a song for advertisement could fetch as high as UShs. 80,000,000/=. He further stated that the Plaintiff had sold a song called ‘pollination’ at UShs. 45,000,000/= to SMS Media. That it would have gone ahead to sell other songs at UShs. 35,000,000/= each for old albums and UShs. 45,000,000/= for the new albums but this deal fell in when the intending purchasers discovered that the third party was already in possession of the songs and had supplied it for purposes of use as caller tunes. PW1 did not produce any written evidence to validate the foregoing sums of money but this oral evidence also remained undispelled by the cross-examination of counsel for the Defendant and was on the balance of probabilities, believable. Considering the figures ranging from UShs. 35,000,000/= to UShs. 80,000,000/=, the long duration that the Defendant used the works of the Plaintiff and also the fact that there were as many as five (5) HCT - 00 - CC - CS - 373- 2010 /7