19900519 TZHC Dar es Salaam
The plaintiff is not the owner of the copyright in the Bahati Album; A.I. Records (Kenya) Ltd is the owner by assignment. Only the owner or exclusive licensee may sue for infringement. The plaintiff therefore lacks standing and cannot maintain the action.
- Citation
- 19900519 TZHC Dar es Salaam
- Parties
- Plaintiff: Patrick Balisidya; Defendants: The Executive Director Audio Master & Six Others
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 19 May 1990
- Procedural Posture
- Civil / Ruling on Preliminary Objection
- Outcome
- Suit struck out
- Legal Topics
- Copyright Ownership, Assignment of Copyright, Standing to Sue for Copyright Infringement
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Patrick Balisidya
Plaintiff
The Executive Director Audio Master & Six Others
Defendants
Procedural Posture
Civil / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the plaintiff has locus standi to sue for copyright infringement
- 2 Whether the plaint discloses a cause of action under the Copyright Act, 1966
Ratio Decidendi
The plaintiff is not the owner of the copyright in the Bahati Album; A.I. Records (Kenya) Ltd is the owner by assignment. Only the owner or exclusive licensee may sue for infringement. The plaintiff therefore lacks standing and cannot maintain the action.
Court Disposition
Suit struck out
Orders
- Suit struck out as unmaintainable by the plaintiff
- Costs awarded to the defendants
Full Case Text
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