Ngoni, UHMG in court over 'Ndi Ku Digi' song

Patrick Nyanzi and Eddie Dumba under their music name ‘Ngoni' have dragged Uganda Health Marketing Group (UMHG), to court for 'pirating' their hit song ‘Ndi Ku Digi'.

In their suit filed at the high court in Kampala, the duo is accusing UMHG of infringing on their copyright by using their song to promote condom use without first seeking their consent.

They contend that the actions of UHMG have derailed their reputation by identifying them with the condoms, and have deprived them of the commercial gains from the songs.

"The illegal incorporation of their copyrighted production into UHMG's advertisement has negatively and falsely identified us with the product being promoted in the advert as if we had indeed endorsed it. The act has offended and diluted the value of our persona, reputation and identity," reads the suit.

In the suit that was filed in December 2, this year, through Busingye and Co. Advocates and Kizito, Lumu and Co. Advocates, the duo also contend that as a result of the infringement, their songs have been adulterated, pirated, plagiarized, have lost value and cannot attract any sponsors for launching their "best of Ngoni" concert.

The duo that started singing in 2004, contend that they released the song alongside other songs with an intention to create an album to be launched in November 2013, and thereafter assign the recording and reproduction rights to the highest buyer.

However, due to financial incapacitation, they failed to release the album and instead released songs as singles and started performing them for gains.

In 2008, UHMG, allegedly, started incorporating their song in the audio-visual ‘protector' condoms' advertisements that were recorded Luganda, Luo, English, Rutoro, Acholi, Runyankole and Swahili languages.

"The video and audio advertisements were repeatedly used on several radio and television stations, including internet sites like YouTube and Vimeo, in Uganda and all over the world," reads the plaint.

They claim that apart from the broadcast adverts, the song was also used in health promotion activities across the country.

The duo alleges that the health marketing body which is in the business of marketing of products like condoms and contraceptives used the song for personal gains, without their authorization.

They are also accusing UHMG of causing them several losses including the failure to get a sponsor for the ‘Best of Ngoni' concert which was scheduled to take place in 2013. It is alleged that the infringement also made publishers to refuse to purchase reproduction rights arguing that the songs had already been adulterated.

They said that because of the infringement, the March 2014 one month sh8m deal they had struck with GOtv, to advertise their pay TV decoders, failed.

The duo contends that they have incurred losses of sh420m. They now want court to order for an inquiry into the gains UHMG got from the use of their song and order for compensation. 

They want a permanent injunction against UHMG stopping it from using their songs.