A Ghanaian music producer, Kwabena Ofei-Kwadey Nkrumah, also known as Spiky, has won $250,000 and legal costs of GH¢40,000 against the Confederation of African Football (CAF) after he sued the football governing body for intellectual property rights violations.
Nkrumah had dragged CAF to the Commercial Court 7 in Accra for not seeking permission from him before using the beat of his music titled, ‘Okomfo Anokye,’ as part of promotional materials for the 2018 CAF awards.
While delivering judgement in the case on Wednesday, Justice Emmanuel Loddoh who presided over the case found CAF guilty of failing to obtain legal permission before using Nkrumah’s music.
Nkrumah who spoke after the verdict went in his favour, said CAF’s act of using his song without permission was a total disrespect for his intellectual property rights, causing him to lose money from any licensing of his music for commercial use.
Before instituting the lawsuit, Spiky had called out CAF in 2029 for copyright infringement in a series of tweets.
He had noted that even though CAF had sent an email admitting to using his work without his consent and had apologised, they did not reply to him when he made a demand for compensation.
“This is a win for the creative industry: CAF vs Spiky’s,” he wrote on social media.
While admitting to the offence, CAF said the musical work was “available online for free download without any restrictions or conditions, to use for the artwork posted on CAF’s social media platforms.”
They however, denied using the soundtrack for commercial purposes, citing that the CAF Awards was not a profit-making venture.
They further explained that they had deleted the work from their social media accounts and apologised to Spiky.