By CHINTU MALAMBO
MUVI Television Limited has sued Prime Television Limited in the Lusaka High Court seeking damages and an injunction restraining the latter from copying and broadcasting its television programme dubbed ‘Our Perspective’.
In a statement of claim Muvi Television is claiming damages for copyright infringement of its literary works entitled ‘Our Perspective’. The private television station is also seeking an order for delivery and forfeiture to it all infringed copies of its copyright works.
“The plaintiff claims an order of injunction restraining the defendant, whether by itself or its directors, officers, servants, agents or any of them from copying and broadcasting of any of the plaintiff’s television programmes including, but not limited to, ‘Our Perspective’ programme until further court order,” Muvi TV states.
The television station is also seeking damages for the inconvenience caused to it and any other reliefs the court may deem fit and costs to the action.
Muvi TV says it is engaged in the business of television broadcasting, so is Prime Television, which is the defendant in the matter.
It says it is the author of an original literary work entitled ‘Our Perspective’ and also the owner of the copyright works
On July 13, 2019 at about 20:30 hours for reasons that were within the peculiar knowledge of Prime Television and much to Muvi Television’s detriment and inconvenience, Prime Television infringed Muvi’s copyright by producing and authorising the reproduction of its television programme.
Muvi Television claims that Prime Television has in its possession, custody and control in the course of its business infringing copies of Muvi Television copyright work. It is ready to prove at trial that Prime Television’s action was illegal, irrational and without justified cause.
It claims it has therefore suffered damages and loss of business.
Muvi Television says it will aver at trial that on July 15, 15 2019, Prime Television was served with a demand letter in which Muvi was claiming for damages for the unwarranted action, but Prime Television neglected to respond to the letter.
It says unless restrained by the court through an order of injunction, Prime Television intends to continue and repeat the act of infringement complained of whereby the plaintiff will suffer loss and damage.