Hadijah Uzeiye Namyalo has emerged victorious in a heated copyright battle against Frank Gashumba, in a courtroom tussle that unfolded at the URSB Court in Kololo, Kampala on October 18th.
The legal tussle stems from the contentious works titled “OMALAKO JAJJA TOVA KU MAINSIGALA KU BALLOT: JAJJA WE COMMAND YOU TO STAND AGAIN IN 2026 AND BEYOND: BAZZUKULUBA MUSEVENI.”
It should be noted that Gashumba, on May 18th, 2023, submitted an application for copyright registration, claiming authorship dating back to November 5th, 2022.
However, Namyalo fired back, providing compelling evidence that she had been utilizing the works as early as October 19th, 2022, effectively predating Gashumba’s stated date of creation.
Another player entered the fray on July 17th, 2023, as Kitatta Ibrahim Almalik, referred to as the 2nd Objector, contested the registration of Gashumba’s application.
Almalik staked his claim based on an article he penned, titled “Omalako; Jajja Tova Ku Main: The ideology of Museveni’s bazzukulu,” which had been officially registered under copyright number UG/C/2023/6. This article had also been published in the Daily Monitor on January 13th, 2023.
Due to procedural gaps in the Copyright and Neighboring Rights Regulations of 2010, which only outlined objection by letter without specifying the mode of admitting evidence, the presiding judge directed parties to present their evidence through statutory declarations.
These declarations were filed as instructed, and the case proceeded to mention and scheduling on September 12th, 2023.
The pivotal issues framed for determination were whether Gashumba was the rightful author/owner of the works in copyright application number UG/C/2023/89 and the validity of the second objection raised by Kitatta Almalik Ibrahim.
Upon a meticulous review of both the evidence and the legal framework, the court presided over by the Assistant Registrar Denis Birungi ruled to dismiss the second objection.
The basis for this objection was the copyright ownership of Almalik’s article, which qualified as a literary work. Gashumba’s works, conversely, were artistic drawings.
The court elucidated that the shared words, “OMALAKO JAJJA TOVA KU MAIN,” were not exclusive to Almalik’s copyrighted piece, but also featured in Gashumba’s artwork.
Furthermore, the court found that Gashumba’s claims lacked merit, as he could not assert derivative rights over President Museveni’s silhouette without the copyright holder’s authorization. This led to the conclusion that Gashumba was not the rightful author of the submitted works.
“I have already held that the applicant has no ownership in the words forming part of the works as they pre-date his claimed date of authorship. Neither the color nor the italicized presentation of those words alone amount to originality,” the presiding judge Birungi affirmed.
“I have also determined that without authorization of the copyright holder of the image of President Museveni, the applicant cannot claim derivative works in the silhouette. I therefore find that the applicant is not the author of the works submitted in Copyright application,” he elucidated further.
Namyalo, the first objector, contended that the works were collectively generated by her office, the Office of the National Chairman of the National Resistance Movement (NRM).
Substantial evidence, including newspaper articles and video footage from the launch on October 19th, 2022, supported her claim.
In light of these findings, the court upheld the first objection by Namyalo, dismissing the second objection by Almalik.
Consequently, Gashumba’s application for copyright registration (No. UG/C/2023/89) was denied. Each party was directed to bear their respective costs.
This historic decision was handed down on the 18th day of October 2023, marking a significant moment in copyright law.
This landmark ruling sets a precedent in the realm of copyright law, affirming the significance of originality and timely expression in artistic endeavors.
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