Spiky: Ghanaian music producer sues CAF for using his beat without permission
- Music producer and tech analyst Spiky has taken the Confederation of African Football (CAF) to court
- Spiky has filed a lawsuit against CAF over alleged use of his music beat for promotional purposes without his permission
- In his lawsuit, Spiky asks the court to award him reparations, including compensation from the FCA for infringement of his copyrights
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Ghanaian music producer Spiky Beatz, known in private life as Kwabena Ofei-Kwadey Nkrumah, has filed a complaint against the Confederation of African Football (CAF).
In the lawsuit filed at the Commercial Division of the Accra High Court, Spiky claims CAF infringed his copyright on a beat he made and seeks compensation.
According to court documents available to YEN.com.ghCAF used Spiky’s work, titled Okomfo Anokye, to promote the 2018 CAF Trophies without having recourse to him.
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For this failure to obtain his authorization, Spiky accuses CAF of having plagiarized, misappropriated and infringed the copyright of the producer when they did not recognize him as the owner.
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“Plaintiff asserts that Defendants’ conduct was a flagrant disrespect and disregard for Plaintiff’s proprietary rights to his music and a gross and brazen infringement of Plaintiff’s copyright which, according to Defendants’ actions, has caused plaintiff a substantial loss of revenue from any licensing of his music for commercial use,” parts of the documents read.
Spiky’s lawsuit asks the court to issue:
“A statement that by boldly using Plaintiff’s “SPIKY – OKOMFO ANOKYE” instrumental/rhythm music for commercial purposes without Plaintiff’s prior consent, Defendant has grossly and brazenly infringed Plaintiff’s copyright.”
Suit begs court to order CAF “to account for profit for commercial use of plaintiff’s copyrighted work” and also “general damages for infringement of plaintiffs’ copyright by unauthorized commercial use of Plaintiff’s “SPIKY – OKOMFO ANOKYE” instrumental/rhythm music and failure to name Plaintiff as the copyright owner of the infringing material and Plaintiff’s human rights abuse.”
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Following Spiky’s trial, the CAF entered a conditional appearance on August 11, 2022.
In its defense brief, CAF denies:
“…Every allegation contained in the plaintiff’s statement as if stated verbatim and serially denied.”
However, CAF admitted that Spiky’s musical beat and artwork was uploaded to its social media platforms as it was available for free download, but was taken down within 24 hours after it came to their attention.
The FCA also denied using the soundtrack for commercial purposes, as the awards were a non-profit event and therefore argued that the plaintiff was not entitled to any of the remedies set out in its lawsuit.
The genesis of the Spiky and CAF affair
Spiky’s lawsuit against CAF comes three years after the alleged copyright infringement. At the time, he took to social media to appeal CAF for copyright infringement.
In numerous tweets, the music producer who doubles as a tech analyst complained about his work being used with permission.
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