Ex-mayor Nasser Sebaggala sues MTN over ringtones

By Andante Okanya   

Former Kampala mayor Al Haji Nasser Ntege Sebaggala has sued telecom giant MTN Uganda Limited, claiming it has infringed on his copyright by using his speeches as ringtones without his authorization.

In the suit filed on July 13 at the Commercial Court in Kampala, Sebaggala is demanding for all the proceeds collected by MTN in relation to the ringtones.

Through WEB Advocates and Solicitors, he wants an audit to ascertain the money collected by MTN. Each caller tune costs sh500, and is valid for 30 days.

Sebaggala demands an order for the audit of all proceeds received by the defendant [MTN] from use of the plaintiff's copyright and the delivery of the same to the plaintiff.

Copyright infringement refers to the unauthorized use of works owned by a copyright holder who enjoys exclusive rights.

Additionally, he wants damages plus costs of the suit.

The ex-mayor is also demanding a 20% monthly interest on the ascertained audited figure, together with a 20% monthly interest on damages and costs of the suit, from the date of judgment until full payment.

Sebaggala wants court to permanently restrain MTN from further violation of his purported copyright. He is seeking a declaration that MTN’s use of his speeches is an infringement on his copyright.

In his plaint, Sebaggala states that the speeches were authored in the recent past, with the latest being one year ago at Parliament.

He alleges that without his consent, MTN proceeded to use the speeches for selfish commercial gain.

According to him, MTN and the purchaser of the ringtone are in a syndicate, and that the benefit of this relationship is unacceptable in the free and fair progressive market economies.

‘Proof’

He further says he has proof that the infringement on his alleged copyright is disrespectful to him as an individual and as a Ugandan who labored to author his speeches, and he claims to be suffering from the continued use of the ringtones.

"Infringement of copyright has caused the plaintiff enormous inconvenience, mental anguish and general discouragement," states Sebaggala, noting that the telecom giant ignored his notice of intention to sue dated May 19 this year.

Court has ordered MTN to file its defense within 15 days from the date they receive the summons.

In the summons dated July 13 the registrar, Margaret Tibulya has cautioned it to heed, or else judgment is passed in its absence. Attempts to get a comment from MTN on Tuesday were futile.

The case file has been allocated to Justice Christopher Madrama. However, a hearing date is yet to be fixed.