THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (COMMERCIAL COURT DIVISION) CIVIL SUIT NO. 287 OF 2010 UGANDA PERFOMNG RIGHTS SOCIETY……………PLAINTIFF VERSUS MTN (U) LTD………………………………………………. DEFENDANT BEFORE HON. LADY JUSTICE HELLEN OBURA JUDGMENT The plaintiff instituted this suit against the defendant seeking for a declaration that the MTN concert at which UB40 held a public performance in Kampala in February 2008 was unauthorized and sought special damages of 3% of the gross gate collections realized from the concert, general damages for infringement of copy right, interest and costs of the suit. On the 23rd of February 2008 the UB40, a United Kingdom based band performed a concert at Lugogo grounds in Kampala upon being contracted by the defendant on the 24th of December 2007. It is the plaintiff’s case that prior to the public performance the individual members of UB40 executed Deeds of Assignment wherein they assigned all their copyrights for purposes of effective management to the Performing Rights Society of UK (hereinafter called PRS (UK). It is further alleged that in the Deeds of Assignment, the PRS (UK) was granted management of all copyrights worldwide. On the 26th of January 2006 the PRS (UK) signed a contract of reciprocal representation with the plaintiff. The plaintiff’s General Secretary on knowing that the defendant intended to sponsor the UB40 artists informed them of their obligation to pay performance royalties which the defendant did not adhere to. The plaintiff claims to have suffered loss due to the defendant’s act. 1