The Copyright Office of Ghana has called on gospel music group Team Eternity Ghana to amicably resolve the copyright dispute surrounding their hit single “Defe Defe” to avoid legal repercussions.
Team Eternity Ghana faces allegations of “song theft” from Kwame Mickey, the executive producer of Hallelujah Voices, whose “Defe Defe” was released 20 years ago. Mickey claims that Team Eternity Ghana infringed on his intellectual property by using the “defe defe” line in their new song, which has garnered over two million views on YouTube.
In an interview with Graphic Showbiz, James Owusu-Ansah, Senior Research Officer at the Copyright Office, advised Team Eternity Ghana to settle the matter out of court, warning that litigation could be prolonged and costly. He emphasized the importance of avoiding unnecessary legal drama.
The controversy ignited when Kwame Mickey took to Facebook on June 17, alleging that Team Eternity Ghana had copied the “defe defe” line from Hallelujah Voices’ original song, which includes the lyrics, “manhyia Nyame a anka ɔbonsam ayɛ me defe defe.” Team Eternity Ghana’s version features similar lyrics, “manhyia Nyame a anka y’ayɛ me defe defe.”
The dispute has sparked a heated debate on social media. Some argue that the expression “defe defe” is not unique to Hallelujah Voices and cannot be exclusively claimed by them. Others point out similarities in the lyrics, suggesting potential copyright infringement.
Mr. Owusu-Ansah emphasized that the issue should be addressed based on copyright laws rather than personal opinions. He explained that originality and creativity are crucial in establishing copyright. While ideas themselves are not copyrightable, their unique expression is protected.
“Choruses and hooks are key elements in making a song popular. However, originality and creativity are essential before creating a song. Ideas are not copyrightable, but their expression is exclusive to the creator,” he said. He further noted that proving plagiarism involves demonstrating that the accused party copied someone else’s work, which can be challenging given the common practice of drawing inspiration from others.
In the case of Hallelujah Voices and Team Eternity, it is possible that Team Eternity was inspired by the existing work without directly copying it. Alternatively, they may have modified the work to fit their song. Determining copyright infringement requires examining whether the expression of ideas was original and creative and whether mental labor was exercised in the creation process.
Mr. Owusu-Ansah suggested that even if Team Eternity wanted to use the phrase “defe defe,” they should have sought permission from the original creator. He encouraged both parties to write to the Copyright Office for mediation, as Section 48 of the Copyright Act, 2008 (Act 690), provides for dispute settlement through mediation. The Copyright Office has successfully resolved similar cases without requiring court intervention.
In summary, the Copyright Office of Ghana recommends that Team Eternity Ghana and Hallelujah Voices resolve their dispute amicably to avoid prolonged and costly legal battles, emphasizing the importance of originality and creativity in copyright protection.
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