Gospel group, Team Eternity
The Copyright Office has reacted to the 'Defe Defe' controversy.
A Senior Research Officer at the Copyright Office, James Owusu-Ansah, has encouraged Kwame Mickey, a music executive, and the contemporary gospel group Team Eternity Ghana to write to his office in an effort to amicably resolve their dispute. He asserts that this would be a preferable alternative to litigation, especially for the latter.
"Section 48 of the Copyright Act, 2008 (Act 690) makes provision for the settlement of disputes through mediation for the parties at the Copyright Office," he informed, noting, "The Copyright Office has over the years resolved cases of this nature amicably, without the parties resorting to legal action."
Mr Owusu-Ansah did not offer his opinion on whether Team Eternity had indeed committed illegal interpolation, as alleged by Kwame Mickey.
However, he suggested that a copyright infringement case could be made in court, distinguishing between inspiration and appropriation.
"In the case of Halleluya Voices and Team Eternity, it's possible that Team Eternity was inspired by the existing work without directly copying it. Alternatively, they may have appropriated the work, modifying it to fit their own song.
"To determine copyright infringement, we must examine whether the expression of ideas was original and creative, and whether mental labour was exercised in the creation process, and that is where they could be found guilty if they aren't able to prove themselves," he said in the Graphic Showbiz interview.
Furthermore, he hinted that Kwame Mickey, the plaintiff in a possible lawsuit, might not have an easy time in court.
"If someone accuses another of plagiarism, they must prove that the accused party stole their work. This can be challenging, as songwriters often draw inspiration from others and borrow elements, making it difficult to determine whether it's a case of inspiration or appropriation," he said.
James Owusu-Ansah also shed light on how copyright works in music, highlighting how to avoid infringement in the creative process.
"When it comes to making a song popular, the chorus and hook are key elements. However, before creating a song, two essential factors must be considered: originality and creativity. While ideas themselves are not copyrightable, the expression of those ideas is protected.
"This means that no one can claim ownership of words or ideas, but the unique expression of those ideas is exclusive to the creator.
"To establish copyright, a person must demonstrate mental labour, meaning they invested time and effort into crafting their work. This includes selecting words, rhythms, and melodies."
Kwame Mickey, the executive producer for a song performed by Halleluya Voices, has threatened to sue Team Eternity Ghana, accusing them of plagiarism in lyrics from a 2024 viral hit of theirs. Not only is Team Eternity's song also called 'Defe Defe', but it also has lyrical content that echoes Halleluya Voices'.
Twenty years ago, Christ International's Halleluya Voices sang: "Me nuanom ee mese m’ongyae me w’ate, na menkɔ da Nyame ase’o. Manhyia Nyame a anka ɔbonsam ayɛ me defe defe," while today, Team Eternity sings: "M’ongyae me na menda Nyame ase. Manhyia Nyame a anka y’ayɛ me defe defe."
Despite being incensed, Kwame Mickey has offered an out-of-court settlement opportunity to Team Eternity Ghana.
