Spiky vs CAF: A five-year battle over intellectual property rights

By Charles Mgbolu

Fans are congratulating Ghanaian music producer Kwabena Ofei-Kwadey Nkrumah after winning an intellectual property rights case against the Confederation of African Football.

Kwabena, known in the music scene as Spiky, was awarded $250,000 by Commercial Court 7 in Accra after suing CAF in 2019 for using sections of his 'Okomfo Anokye' beats in promotional materials for the 2018 CAF Awards.

CAF has not responded to the latest developments, but 'Terms of Service' on its website say it "respects the intellectual property of others."

Spiky told local media after the landmark win on Wednesday that he wrote many times to CAF and posted messages on social media asking that his materials be taken down, followed by appropriate compensation, without success.

Spiky said the promotional videos stayed online until after the CAF 2018 awards, which took place in January 2019.

The controversial video shows photos of players nominated for the 2018 CAF Player of the Year Awards (male and female categories).

It was posted online as a build-up to the awards ceremony, which took place in Dakar, Senegal.

The video had thumping African beats playing as background music that Spiky argued were from his 'Okomfo Anokye’ music work.

The sixth entry in CAF's Terms of Service states: "If you believe that any of your intellectual property rights have been infringed on the CAF Digital Platforms, please provide CAF with the following information: name, last name, address, email address, type, and extent of infringement (date, time, etc.)."

'Win for all creatives'

Despite these guidelines, Spiky says he decided to approach the courts after getting no response from CAF on the settlement.

On Wednesday, Spiky told local Ghanaian media Citinewsroom, “This victory isn’t just for me; it’s a win, especially for all creatives and for young Ghanaians who have lost faith in the system.”

Spiky also retweeted a congratulatory message from online Ghanaian influencer and award-winning technology blogger MacJordan, who wrote, "Kudos, @therealSpiky, for fighting this to the end. This sets a precedent for all African techies and creatives to stand up for their intellectual property rights.”

Okomfo Anokye, a 3-minute, 15-second soundtrack, was released on June 20, 2015, on the streaming site Soundcloud.

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