COSGA Sues Radio &TV Stations

EIGHT RADIO and two TV stations would soon appear before an Accra High Court to answer why they refused and failed to obtain licences from the Copyright Society of Ghana COSGA before using works of the respective authors.

Again, the affected electronic stations will have to explain to the court why they have failed to submit monthly returns on musical works performed on their respective stations.

In a writ filed against the defendants, COSGA is seeking perpetual injunction to restrain each of the 10 defendants from using, performing or causing to be used or performed on their respective stations, any music not covered by a licence from the plaintiff, COSGA.

In its statement of claim, COSGA is seeking an order from the court for the payment of all royalties found due it from each of the 10 defendants together with a late renewal fee of 50 per cent of the amount fined pursuant to Regulation 20 (3) of L.I. 1527.

The statement of claim stated that each of the defendants is obliged by law, under Regulation 19 (1) of LI 1527 to obtain a licence from the plaintiff for the use of music on their individual stations against the payment of royalities charged by the plaintiff for granting such licence.

It again declared that each of defendants is obliged under Regulation 21 of LI 1527 to submit to plaintiff, monthly returns of all musical works used on their respective stations, but each of the defendants has refused and failed to despite repeated demands.

It, however, observed that each of the defendants has wilfully refused to complete licence application forms issued by the plaintiff to them upon which royalties due the plaintiff would be computed.

“The monthly returns from the defendants are the only means by which the plaintiff is able to equitably distribute royalties received in respect of musical works used.

The statement, therefore, prayed the court to restrain each of the defendants from using, performing or causing to be used or performed on their respective stations, any musical work(s) not covered by licence from the plaintiff, until the determination of the suit.