The Trial Begins: Vodafone In Court For Copyright Infringement Of D-Black & Kwaku-T’s Song!

Why the U.K based telecom company operating in Ghana; Vodafone will still be fighting Ghanaian Hip-Hop music giant D-Black and his former rap partner Kwaku-T in court over the illegal use of their song in their 2010 African Cup of Nations TV commercial still baffles GhanaCelebrities.Com.

Give unto Caesar what is due. My personal opinion is that this telecom company, Vodafone does not regard Ghanaian musicians as this is not the only case of copyright infringement I have heard of against them from our Ghanaian musicians. All these will come to light gradually. Time will time.

However, the saga still continues, as last week both parties went to trial at the Commercial Court B where Kwaku-T and D-Black took the stand and gave their versions of the story of how their song was used by the telecom company for their TV commercial during the African Cup of Nations without them being aware.

They were both cross examined by counsel for Vodafone after their lawyer had gone through the entire story with them for the benefit of the judge and those present in court.

D-Black only a few days before arriving from the U.S.A after representing Ghana at the 2011 BET Awards, was examined on Tuesday 16th August and during the cross examination counsel for Vodafone still insisted that they had gone and obtained permission from COSGA.

D-Black maintained that both himself and Kwaku were not partners of COSGA for one and payments made to them on their behalf was unauthorized and negligent on their [Vodafone] part if they did.They said ‘permission’ was even sought 5 days before the commercial was aired meaning Vodafone had gone ahead and produced and shot the advert (In South Africa) with their song ‘Move’ without his or Kwaku-T’s permission or authorization.

Also asked why he didn’t go and take the payment made from COSGA when he found out, D-Black retorted “I’m sorry I can’t accept payment for work I haven’t authorized and I did not authorize Vodafone to use my work or for COSGA to collect any remuneration”. The Vodafone lawyer then closed his file and took his seat obviously in defeat.

It’s been a year and a half since D-Black and Kwaku-T’s lawyer; Ms. Cynthia Jumu of ‘Beyou & Jumu’ first issued a letter to then Vodafone Head of Marketing to simply desist from using their song to no avail.

After D-Black’s cross examination was over, the case was adjourned to continue the next day for Vodafone counsel to open their defence at 10 a.m. D-Black arrived at the court house at 10 am sharp, ready in the company of  Kwaku-T and Mr. Daniel Dweteh-Agyare of Beyou & Jumu Law Firm, the counsel for the duo but Vodafone lawyers failed to turn up as at 11 a.m.

The case was adjourned to 30th of August 2011.