03/12/2024
“I DO NOT OWN THE RIGHTS TO THE MUSIC” is a popular disclaimer that users of content use in a misguided effort to absolve themselves from any legal claims arising from using copyrighted music. Unfortunately, this disclaimer and its variations are not a defence against copyright infringement claims. It is an extremely popular practice however it has no foundation in law.
In fact, it can be argued that the disclaimers are an admission of guilt. In terms of the Copyright Act of 1978 Act No 98, the courts can take into account the flagrancy of the infringement to assess the damages to be awarded to a copyright owner. Intent is not a requirement to prove copyright infringement, however, it can play a significant role in determining the extent of the damages.
