Uganda: No compensation for national anthem composer

The decision to compensate Kakoma was made by high court judge Yorokamu Bamwine in 2010, after the composer had filed a case accusing the government of copyright infringement to the tune of 1 billion Ugandan shillings. Bamwine noted that the awarded amount would accrue an annual interest of 25% until the government settled the payment.

But Kakoma rejected the offer and took the case to the Court of Appeal where he sought 800 million shillings as compensation. According to NTV Uganda, justices Elizabeth Musoke, Hellen Obura and Fredrick Egonda-Ntende ruled on 15 July that the copyright to the anthem had expired in 2012, 50 years after it was composed. Kakoma died in April 2012.

The verdict also said that the anthem could now be used freely in the public domain.

A Ugandan copyright lawyer who spoke to Music in Africa on condition of anonymity said it was highly unlikely that Kakoma or his next of kin could have won the case.

“There are certain things that if you do not sort out before you pass on, then it becomes more complicated for those who might want to carry on, and this particular case is one of them,” the copyright lawyer said.

“When you are in court fighting for what you truly believe is yours, you need to explore different ways to resolve it and get your house in order before it’s too late. Kakoma was going against a state that had refused to sort out this issue since 1962 until the day he died. For it to be ignored for that long shows that the government had no sense of empathy. This is a huge lesson for Ugandans. ”

The lawyer said Kakoma’s widow, Mary Teresa Kakoma, could appeal the ruling but the case had "no political mileage" and therefore was of no interest to the government.

"The state will not pay much attention to it. The government only gives lip service to its heroes, most of whom are living in unspeakable conditions.”

Kakoma received 2 000 shillings for his composition in 1963, as a token of appreciation.