Is copyright infringement in the songs entitled 'Defe Defe' enforceable under copyright law?

Vetting music is critical to establishing similarities and differences:

To analyze the copyright infringement of the musical phrase Defe Defe" used by

Helleluya Voice and Team Eternity, thorough vetting of the two songs or the

engagement of an informed listener is necessary. This will help establish similarities and differences between the disputed songs. Understanding various elements of music is crucial for this analysis.

Understanding elements of music:

Dynamics: The volume of music (loud or soft).

Form/Structure: The arrangement of different parts of a piece (introduction, verse, chorus, bridge, solo, outro).

Harmony: Chords supporting the main melody, often provided by instruments like guitars and pianos.

Melody: A series of pitches making a tune, the memorable part of music.

Rhythm: The duration of sounds, including tempo and meter.

Texture: The density of instruments or voices in music.

Timbre: The unique quality of an instrument.

Analyzing the alleged infringement requires examining each musical element before drawing conclusions.

Musical work versus sound recording:

According to Act 690, 2005, there is a distinction between musical work and sound recording. Under section 76, musical work includes any musical composition, while sound recordings result from the fixation of musical or other sounds, excluding accompanying motion pictures or other audiovisual works.

This distinction helps assess the similarities and differences in the disputed songs.

Subject of argument:

The dispute between Helleluya Voice and Team Eternity centers on the phrase "ye me defe defe" For the copyright owner of "Defe Defe" to claim infringement, the phrase must reflect original, creative work, not preexisting phrases or universal words.

Literary works involve words or characters conveying expressions. Copyright does not extend to single words or simple phrases. In Exxon Corporation vs. Exxon Insurance Consultants Ltd., the court ruled that the word "Exxon," while original, lacked literary merit for copyright protection. Similarly, "Defe Defe" derives from the preexisting Akan language, lacking originality.

Analysis of disputed songs:

Vetting the two songs reveals that both have unique features melodically, lyrically, and harmonically. Team Eternity’s song expresses "Defe Defe" differently, indicating no intention to copy. Helleluya Voice’s song uses the phrase throughout, while Team Eternity’s uses it only at the end. Both songs are uniquely styled.

Enforceability of "Defe Defe"

"Defe Defe" as a single phrase is not enforceable by copyright law due to:

Pre-existing Phrase: It exists in the Akan language and is not original.

Common Usage: It is not unique to any single author.

Length and Originality: Short phrases lack sufficient originality.

Context in a Song: While the entire song can be copyrighted, individual elements like short phrases cannot.

Collective Contribution: If Team Eternity contributed to the song, it further dilutes any exclusive claim by Helleluya Voice.

In summary, while the entire song may be copyrighted, the phrase "Defe Defe" itself cannot be claimed as exclusive property by Helleluya Voice due to its pre-existing nature, lack of originality, and common cultural usage.