Commercial Court Rules in Favor of Producer Spiky, Awards $250,000 in Copyright Case Against CAF
After more than five years of an intense legal battle, the Commercial Court 7 in Accra has ruled in favor of producer and tech enthusiast Spiky, finding the Confederation of African Football (CAF) guilty of infringing on his intellectual property rights. The court’s decision, delivered on Wednesday, concluded that Africa’s football governing body used Spiky’s musical beat, ‘Okomfo Anokye,’ in promotional materials for the 2018 CAF awards without obtaining the necessary legal permission.
Lawyers from Anku.Anku At-Law, representing Spiky, born Kwabena Ofei-Kwadey Nkrumah, successfully argued that CAF plagiarized and appropriated his work, failing to acknowledge him as the rightful owner. They asserted that CAF’s actions were a blatant disrespect and disregard for Spiky’s proprietary rights, resulting in significant financial loss from potential licensing of his music for commercial use.
This lawsuit followed Spiky’s public accusation of copyright infringement against CAF in a series of tweets back in 2019. In these tweets, Spiky noted that CAF had admitted to the infringement via email and apologized but failed to respond to his demands for compensation.
In its defense, CAF admitted to using the soundtrack without prior consent, claiming it was “available online for free download without any restrictions or conditions.” They argued that the awards were a non-profit event and that they had promptly removed the artwork featuring Spiky’s music from their social media platforms upon being notified of the infringement.
Despite CAF’s defense, Spiky remained steadfast. “It’s not merely a settlement I’m looking for. My rights need to be vindicated, and that’s why I’m in court,” he stated. He emphasized the importance of respecting intellectual property rights, highlighting the disparity in how such cases are handled for international artists compared to local talent.
In his ruling, Justice Emmanuel Loddoh ordered CAF to remove all infringing materials from their social media platforms. The court awarded Spiky damages equivalent to USD 250,000 and legal costs of GHC 40,000.
Reacting to the ruling, Spiky hailed the decision as a victory not just for himself, but for all producers whose creative works have been misused or stolen without proper compensation. The case sets a precedent for respecting intellectual property rights within the region and serves as a reminder of the legal protections afforded to creators.
