MIC Company of Tanzania (Tigo) has appealed against the judgment ordering for paying 2.16 billion Tshs. to two musicians, Ambwene Yesayah and Hamisi Mwinjuma from use of their song without their consent
Ambwene Yessayah, who is popularly known by the name AY and Mwinjuma known by the name of MwanaFA, filed the claims in the District Court of Ilala resist the action of the company's mobile services using their songs on phone calls without their consent .
Two songs used on the phone calls is "Dakika Moja" and "Usije Mjini" which stars they have collaborated.
The judge in charge of the ICTR, Hassan Juma gave the judgment of the trial on April 11, giving the victory these popular artists of Bongo Fleva.
In that judgment, the Court commanded Tigo to pay Sh5 million as fines for damages and to pay a fine of TSh2.16 billion total.
If these artists will win that appeal, they wrote history in the use of the Patents Act will be the first music artists of the new generation to open the case and win.
In that appeal, Tigo through a Law Associates has identified seven factors appealed, claiming the judge of the Court of Ilala erred in law give victory to those artists have not proved their claims or losses they suffered.
The company also claims that far from failed to explain loss they received from their work used on phone calls, they should explain the benefits that they would get if their work would be used on such calls.
Another factor that's Tigo appeal these artists had not registered their works at Copyright Society of Tanzania (Cosota).
Tigo claims that during the trial of the base case, the creditors said they had registered the works, but they presented a letter to the Council of the Arts (Basata) to recognize their work and do not receive the registration certificate of Cosota.
According to Tigo, musicians were to submit to the court a certificate of registration where there is Cosota signup procedure including filling out forms after paying special charge of annual subscriptions.
The company emphasizes that these artists do not have the right to claim compensation while they did not register their works Cosota and is asking the Supreme Court judgment to throw away the judgement that gave them the victory.
