picture in Exhibit D9 (1), D9 (2) and D (3) were of the same person who was the plaintiff yet the
final product had the body of the picture of the plaintiff and a background bought from New
Vision newspaper while the face on the final product was of a totally different person for while
the right to own property in Uganda is enshrined under Article 26 of the Constitution with the
modalities of how to acquire such title in it and own proprietary interests in various kinds of
property provided for under various statutes including the Registration of Titles Act, Sale of
Goods Act, Chattels Transfer Act, Trade Marks Act, The Patents Act and he Copy Rights and
Neighboring Rights Act among others that under the Ugandan law, particularly under the Copy
Right and Neighboring Rights Act, the proprietary rights over photographs or artistic works were
those of the photographer or artist or the person who commissioned such work and not otherwise
with this position clearly pronounced upon by the courts in the case of Sikuuku Agaitano v
Uganda Baati HCCS No. 298 of 2012 which was a case where a plaintiff claimed that a
defendant unfairly benefited from the use of his images in its advertisements with the court
utilising the provisions of the Copy Right and Neighboring Rights Act resolving that case in the
negative which case is at four with the instant matter.
This arises from the argument of the defendant that even from the plaintiffs’ own testimony the
author and owner of her photographs is the New Vision Printing and Publishing Corporation Ltd
who in the view of the defendant has the economic rights to such authorship which among others
is the right to sell the original or copies thereof to the public for when the plaintiff posed for a
photograph that was printed by the New Vision newspaper the same became a public document
as it was taken with her consent by an agent of the New Vision which inevitably became the
owner of the image as was illustrated in the case of Sikuuku (Supra) for indeed the third party
sought from the New Vision its permission before using the photograph and as such the third