THE MUTUAL agreement process between Anne Kansiime and Uganda Telecom has hit a dead end after both parties failed to settle the case outside court.
Kansiime states that, without her consent, Uganda Telecom (UTL) and NBS TV entered into MOU in January 21, 2016, to market its product through an advert which had her as the main act (performer) even after end of stipulated time as agreed by both parties and have drawn mutual economic benefit from one another, neither of them had obtained her consent. In addition, Kansiime claims her voice and image aired on WBS TV in a broadcast advert as well.
WBS on its side denied infringing on Kansiime’s copyright, stating that it did not own the advertisement for its benefit. It said that the advert was shown as an advertisement from UTL. It stated that its relationship with UTL in respect of providing advertising services did not require it to first seek permission from Kansiime. Therefore, Kansiime is wrong to bring suit against it.
UTL said that the contract provided for compensation in case the advertisement was to be used beyond the stipulatedperiod. Therefore, when the artist complained, she was allegedly asked to particularize her claim for compensation, instead she ran to court.
Kansiime argued that when she complained about the trio’s conduct, she was ignored, precipitating her to file a suit in order to recover the money in form of damages.
In her petition Kansiime accused the trio of breach of her image, neighboring and economic rights protected by the law, unjust enrichment and invasion of privacy.
On the other hand, UTL said it instructed NBS to stop airing it (advertisement) and in response the television station confirmed cessation on February 23, 2016. UTL added that the advert was to run for one year. There was no right for automatic renewal and the agreement may be terminated by either party at will by giving a prior 30 days’ written notice to the other party.
She asked court to order the trio to pay her sh100m as special damages at an interest rate of 24% from the date of filing the suit until payment in full.
The reconciliatory process has been interrupted after Kansiime’s respondents failed to agree.
Our sources can confirm that the case has been referred back to the court registry for a full trial.