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Popular Tanzanian rapper and Assistant Minister for Culture, Arts, and Sports, Hamisi Mwijuma alias Mwana FA has confirmed receiving Sh98 million in a Copyright infringement suit against telecom giant MIC Tanzania Limited (Tigo).
The High Court had initially nullified the awarding of the special damages ordered by a District Magistrate Court.
Mwana FA and his long-time friend rapper Ambwene Yesaya (AY) sued Tigo in 2011 for unauthorized use of their two hit songs collaboration ‘Dakika Moja’ and ‘Usije Mjini’ as caller tunes and demanded compensation of Tsh4.3 billion (Sh200 million then exchange rate)
In April 2016, the District Magistrate Court awarded the two legendary rappers one million US dollars (Sh98 million then exchange rate) as special damages after he was satisfied that the mobile service provider used the two songs, to generate revenue, yet without having an agreement or consent from the two artistes.
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Tigo would then severally file for a stay of execution of the judgment at the High Court dragging the suit for seven years, but ultimately lost and had no option but to pay.
Speaking at an artist workshop dubbed ‘Sanaa na Pesa’ in Dar es Salaam, Mwana FA confirmed that they finally received compensation after the fierce court battle.
“We had a big suit against a large mobile company here in the country. The case took seven years to reach its conclusion from 2011 when we filed it, until 2018 when we got a determination,” Mwana FA narrated.
With the resilience, they were finally paid, something Mwana FA still doesn’t count as an achievement.
“We were finally compensated in 2018 and paid one million US dollars (Sh98 million) at the time. I know to many people, getting paid one million US dollars is such a big achievement but not to me. I think the biggest achievement was setting a precedent that as an artiste nobody is supposed to use your work without your permission or agreement and artists need to understand that. That, if there is no business agreement for the usage of your art and one benefits from it, you can go to court and demand what is rightfully yours. That’s what I count as an achievement from our case, putting the best practice,” Mwana FA added.
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The musician-turned-politician narrated the seven-year court battle and legal tactics employed by the respondent in a quest to deny them their dues.
“It wasn’t easy winning, there were a lot of back-and-forth orders in the court but AY, myself, and our lawyer (Albert) Msando never gave up. When we decided to go to court demanding compensation of Tsh4 billion, we were advised by our then-lawyer to file it at the High Court and not the District Magistrate Court because the smaller court has the jurisdiction to award claims up to Tsh200 million,” he details.
However once they filed the case at the High Court, the respondent objected to the application at the High Court.
“The High Court then referred the matter to the District Magistrate Court under exclusive jurisdiction, which allowed the smaller court to award claims up to the amount set for the High Court. When the case was determined by the District Court and judgment entered in our favor awarding us one million US dollars under the High Court exclusive jurisdiction directive, the respondent challenged the decision stating the District Court did not have the jurisdiction to award us the amount. In 2019 the Tanzanian Copyright Act was amended giving courts more jurisdictions to award compensations beyond the initially capped Tsh200 million" he added.
The back and forth would end with Tigo being ordered to pay the amount to the artist by the High Court which had initially reversed the decision by the District Court.
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