Gospel group Alabaster Box has filed a lawsuit against rapper Medikal, alleging copyright infringement and seeking GHS 15 million including General and exemplary damages.
The group claims that Medikal’s song “Welcome to Africa” unlawfully sampled their copyrighted song “Akwaaba,” specifically the first 10 seconds.
According to the writ of summons filed in the High Court of Justice, Alabaster Box asserts that Medikal’s actions constitute a clear violation of their exclusive rights to the song.
Alabaster Box, known for their hit song “Akwaaba,” has been performing for three decades and has gained international recognition, including a performance for the late Queen Elizabeth at Westminster Abbey.
The group emphasizes that they have invested significantly in promoting their music and own the exclusive copyright to “Akwaaba” in Ghana and the United Kingdom.
This long-standing reputation and investment in their music underscore the importance of protecting their intellectual property.
The lawsuit highlights that Medikal’s song contains “expressive profanity, vulgarity, and unprintable words,” which Alabaster Box argues has tarnished their brand.
The group is concerned that the association of their work with Medikal’s explicit content could damage their reputation and diminish the value of their music.
This concern is central to their claim for exemplary damages, which they believe are necessary to hold Medikal accountable for his actions.
Alabaster Box is seeking GHS 10 million for copyright infringement and an additional GHS 5 million in exemplary damages.
They are also asking the court to order Medikal to account for all revenues generated from his song and to withdraw it from all digital platforms.
The group views Medikal’s partial removal of the infringing content from YouTube as insufficient and an admission of guilt, particularly since the original version remains accessible on other streaming platforms.
The case underscores the significance of respecting intellectual property rights in the music industry.
Alabaster Box’s lawsuit against Medikal serves as a reminder of the potential consequences of unauthorized sampling and the importance of obtaining proper clearance before using copyrighted material.
Below are reliefs being sought
The Plaintiff’s claim is for:
a . A declaration that Defendant’s new song titled “Welcome to Africa” in the extent to the first ten (10) seconds is a derivative work of Plaintiff’s copyright song “Akwaaba.”
b. A declaration that Defendant using Plaintiff’s copyright work in the composition, production, promotion, distribution, and performance of his new song “Welcome to Africa” without Plaintiff’s consent, permission, and or authorization constitutes an infringement of Plaintiffs copyright in the song “Akwaaba.”
c. A declaration that the continuous promotion by Defendant of the version of his song which
contained Plaintiff’s copyright work on Apple Music, Boomplay, Spotify, Audiomack and air playing on radio stations following the receipt of Plaintiff’s demand letter constitutes a continuing infringement of Plaintiff’s copyright in the song “Akwaaba”
d. An order of perpetual injunction prohibiting Defendant from the continuous composition, production, promotion, distribution, and performance of the infringing song and any derivative work of same.
e. An order directed at Defendant to terminate any subsisting agreement for the production, promotion, distribution, marketing, sale, and performance of the infringing song and the submission of copies of the related contracts and the termination notifications to Plaintiff.
f. An order directed at Defendant to account for all revenues from the composition, production, promotion, distribution, performance, and sale and marketing of the infringing song on all traditional and digital platforms including YouTube, Audiomack, Spotify, Apple Music and Boomplay and for an order for all such revenues to be paid out to Plaintiff.
g. An order directed at Defendant to withdraw, destroy and/or delete the infringing song from circulation in traditional and digital media including YouTube, Audiomack, Spotify, Apple Music, and Boomplay.
h. An award of general damages for Defendant’s infringing conduct in the sum of Ten Million Ghana Cedis (GHS10,000,000.00.
i. An award of exemplary damages in the sum of Five Million Ghana Cedis (GHS5,000,000.00) for Defendant’s intentional infringement of the Plaintiffs copyright, brand association with vulgarity and for diminishing the good mileage of the copyright work.
j. Costs, including legal fees.
k. Any other order(s) this Honourable Courtdeems fit.
Source: Starrfm
