This finding is supported by the clear provisions of the contract of reciprocal representation already referred to above under issue number two and held to have conferred ownership of those rights to PRS (UK). It is therefore the view of this court that PRS (UK) as the owner of the copyrights is given protection under sections 3 and 81 of the Act. I have also already made a finding under the second issue that PRS (UK) conferred the right to enforce those rights on the plaintiff under the contract of reciprocal representation. I therefore find that the plaintiff enjoyed a right by virtue of that contract. ii. Whether the right has been violated. As regards this sub-issue, PW2 testified that some members of the UB40 had assigned their performing rights to PRS (UK). PW1 also stated during cross-examination that he was not aware whether the group that performed in the UB40 concert in Kampala comprised of members who signed the Deeds of Assignment. In view of this evidence, it was the duty of the plaintiff to prove firstly; that members of the UB40 who performed in Kampala under the auspices of the defendant were the ones who had assigned their right of performance to PRS (UK) which the plaintiff is mandated to enforce in Uganda. Secondly; that the songs they performed were part of the music work that were assigned. Short of that there would be no infringement of the copy rights and as such no violation of the plaintiff’s rights under the contract. I have thoroughly examined the evidence on record but failed to locate any that link members of the UB40 who assigned their performance rights to the ones that performed at the UB40 concert in Kampala. Neither did I find any credible evidence showing the particular songs that were performed apart from a list of songs that was admitted in evidence as Exhibit P4 (i). Even then, during cross-examination PW2 testified that much as some of the songs on that list were composed by some members of the UB40, she could neither tell who the particular composers were nor confirm that they were played at the UB40 concert in Kampala. The plaintiff appeared to have based its case on the assumption that all members of the UB40 had assigned their copy rights in their music work to PRS (UK). That assumption has been rebutted by the evidence of PW1 and PW2 as indicated above. In the circumstances, I find that the plaintiff has failed to prove that the rights it acquired under the contract of reciprocal representation have been violated. For that reason, this court finds that the 2nd key ingredient of a cause of action has not been proved. It is also unable to consider the 3rd key ingredient which presupposes that there is a violation. On the whole, I find that two very important ingredients that constitute a cause of action are lacking. I therefore hold that the plaintiff does not have any cause of action against the defendant. This answers the first issue in the negative. 11

Sélectionner le paragraphe cible3