The Commercial Court has granted Jamaican singer Konshens permission to recover $180,000 (Shs666 million) from Airtel Uganda for copyright infringement.
Justice Patricia Mutesi ruled that Konshens can receive 70% of the awarded amount while Airtel Uganda’s appeal is pending.
The judge noted that Konshens’ entitlement to compensation remains uncontested, and delaying payment would be unjust.
Airtel Uganda had sought to halt payment until their appeal is determined. However, the court allowed them to retain a small portion of the compensation pending the appeal’s outcome.
The court had previously ordered Airtel Uganda to pay $180,000 in compensation, 15% interest per annum, and Shs20 million in exemplary damages for copyright infringement.
“If the appeal determines in the 1st respondent’s favour , he can proceed to recover the remaining 30% of decretal sum from the applicant but if the appeal determines in the applicants favour the portion of 70% of the decretal sum that the 1st respondent would have already recovered which would have been found to be in excess of what is due to him will always recoverable from him, “Justice Mutesi ruled.
Onmobile Global Limited was also ordered to pay Shs30 million in exemplary damages with a 10% interest. The court declared that Airtel Uganda and Onmobile Global Limited’s unauthorized use and distribution of Konshens’ songs as caller tunes without consent infringed on his copyright and resulted in unjust enrichment.
Konshens had sued Airtel Uganda, Onmobile Global Limited, and MTECH Limited in 2015 for accessing his songs without permission and failing to pay royalties. The court recognized Konshens as the author and composer of the disputed songs, including “Simple Song,” “Gyal a Bubble,” and “Jah Love Me.”
