Composers file suit against use of Gamugram

Accra (Greater Accra) 16 March 2002 - The Ghanaian Society of Composers, Authors and Publishers (GHASCAP) has filed a suit at an Accra High Court against Gamugram Trust Limited and the Copyright Administrator, Mr Bernard Bosumprah, otherwise known as Nana Bosumprah.

In a statement of claim, GHASCAP noted that Gamugram Trust Ltd. has acquired several millions of adhesive labels called Gamugram to be sold to persons in the music industry to be fixed on all phonogram records produced in the country or imported.

According to GHASCAP, the defendants (Gamugram Trust and the Copyright Administrator) have for this purpose been advertising in both the print and electronic media, that the use of the Gamugram label is an anti-piracy device and a mark of authentication of original works.

The statement of claim further noted that the non-use or the absence of the Gamugram label on any musical work is indicative of piracy, and the adverts imply that the use of the Gamugram is mandatory and failure or refusal to use the Gamugram label is a criminal offence of piracy, punishable by a term of imprisonment.

According to GHASCAP, Gamugram Trust Ltd. as a private company, has no legal right, authority or status to compel music owners, under the pain of punishment, to use Gamugram labels for which plaintiff is challenging the capacity of the defendant to so compel.

GHASCAP further stated that the Copyright Administrator has permitted the use of public premises and resources for the promotion of the Gamugram Trust, and that such permitted use of public/official premises and resources has created the impression of official backing.

“The plaintiff states that the role of the director of the first defendant’s company who also appears in the adverts and his role as acting chairman of the official body (COSGA) statutorily mandated to administer adhesive labels, is creating a false impression of official sanction of the use of Gamugram labels,” the statement said. “The dual roles as director of first defendant (Gamugram) and acting chairman of COSGA, give rise to a conflict of interest situation.”

Far from resting their case, GHASCAP also contends that the defendants do not have the consent of GHASCAP to use the Gamugram Trust Ltd. product, and cannot compel GHASCAP to do so against the will of its members.

The statement was emphatic on the point that the advert on television and radio creates a false impression that the Gamugram label is mandatory and coming from an “appropriate body or person”, and that this false impression is scaring away the public from patronising musical works of GHASCAP members; and also duplicating plants or machines are refusing to accept works from GHASCAP members.

The statement went on to say that the plaintiff shall contend that the advert is so framed or worded as to cause confusion in the minds of the public and the continued running of the advert would prejudice the plaintiff’s works and constitute unfair competition, since plaintiff’s works are portrayed as pirated works which should be executed from sale by the public.

The statement of claim also cited “particulars of fraud” one of which is: “failure to disclose the source of financing of the Gamugram labels as coming from private sources.” The leadership of GHASCAP comprise Carlos Sakyi, Charles Amoah, Khodjo Aquai and Gilbert Amar alias Chikinchee and others. – The Spectator