Court Rules Copying Melody Without Lyrics Constitutes CA Ghanaian court has ruled that copying the melody of a copyrighted song—even with entirely different lyrics—amounts to copyright infringement, setting a significant precedent for musicians and advertisers alike.
The case, Rex Owusu Marfo (known as Rex Omar) v Joy Industries Ltd, was upheld on appeal, with the court awarding the veteran musician GH¢200,000 in damages and GH¢30,000 in costs.
Identical melody, different lyrics
The dispute arose when Joy Industries Ltd used a melody in a commercial advertisement that the court found to be identical to the tune of Rex Omar’s copyrighted song. Although the company changed the lyrics—substituting “Da” and “Di” for the original words—the musical notation, lyrical progression, and overall structure remained substantially similar.
In its ruling, the court applied the “reproduction test”, which requires two elements: objective similarity between the works, and a causal connection between them. The judges determined that the advertisement had reproduced, imitated, and extracted key elements of the plaintiff’s work.
Melody is the ‘most important element’
The court emphasised that in musical works, the melody or tune is the most critical element when determining infringement. A work is considered reproduced if it is so similar that it suggests the original to the mind of a listener.
The defendant’s argument that different lyrics avoided infringement was rejected outright. “Copying the melody alone is sufficient,” the court held.
Intent and financial loss irrelevant
In a finding with broad implications, the court also ruled that copyright infringement is a strict liability offence. This means that a defendant’s intent, innocence, or lack of knowledge is irrelevant to a finding of infringement.
Furthermore, the plaintiff was not required to prove any actual financial loss or prior earnings from the song. Once infringement is established, damages are awarded automatically.
Key takeaway for creators and advertisers
Legal analyst Ace Ankomah, who wrote on the ruling, summarised the decision: “Copying the melody of a song, even with different lyrics, can amount to copyright infringement, and liability arises regardless of intent or proof of financial loss.”
The judgment serves as a warning to advertisers, content creators, and producers who may be tempted to borrow musical phrases without permission—even if they rewrite the words.
