The Copyright Office of Ghana has urged the gospel music group, Team Eternity Ghana, to amicably resolve any copyright disputes related to their hit single "Defe Defe" to avoid legal repercussions. Team Eternity Ghana has been accused of alleged song theft by Kwame Mickey, the executive producer for Hallelujah Voices' "Defe Defe," which was released 20 years ago.
In an interview with Graphic Showbiz, James Owusu-Ansah, a Senior Research Officer at the Copyright Office, advised Team Eternity Ghana to settle the matter out of court, cautioning that litigation could be prolonged and costly, and emphasizing the need to avoid unnecessary legal drama.
On Sunday, June 17, Kwame Mickey sparked a conversation on copyright issues via a Facebook post, alleging that Team Eternity Ghana had infringed on his intellectual property by using the "defe defe" line in their trending banger, also titled "Defe Defe." Hallelujah Voices sing, “manhyia Nyame a anka Ιbonsam ayΙ me defe defe,” and Team Eternity sing, “manhyia Nyame a anka y’ayΙ me defe defe.”
Mickey insinuated that Team Eternity had infringed by using the "defe defe" line in their new hit single, which has garnered over two million views on YouTube as of Wednesday, June 19, 2024. This controversy has generated intense debate on social media, with opinions divided on the matter. Some argue that the expression "defe defe" is not a unique creation of Hallelujah Voices and therefore cannot be claimed as their exclusive property. Others point out similarities in the lyrics, suggesting potential copyright infringement.
Mr. Owusu-Ansah emphasized that the controversy is not about emotional outbursts or personal opinions but rather about what the copyright laws specifically state and how they apply to the situation. He noted the importance of originality and creativity in creating a song, stating that while ideas themselves are not copyrightable, the expression of those ideas is protected.
“When it comes to making a song popular, the chorus and hook are key elements. However, before creating a song, two essential factors must be considered: originality and creativity. While ideas themselves are not copyrightable, the expression of those ideas is protected.
"This means that no one can claim ownership of words or ideas, but the unique expression is exclusive to the creator. To establish copyright, a person must demonstrate mental labour, meaning they invested time and effort into crafting their work. This includes selecting words, rhythms, and melodies. If someone accuses another of plagiarism, they must prove that the accused party stole their work. This can be challenging, as songwriters often draw inspiration from others and borrow elements, making it difficult to determine whether it's a case of inspiration or appropriation."
“In the case of Hallelujah Voices and Team Eternity, it's possible Team Eternity was inspired by the existing work without directly copying it. Alternatively, they may have appropriated the work, modifying it to fit their own song. To determine copyright infringement, we must examine whether the expression of ideas was original and creative, and whether mental labour was exercised in the creation process. That is where they could be found guilty if they aren’t able to prove themselves,” he explained.
According to Mr. Owusu-Ansah, even if Team Eternity wanted to use the word "defe defe," they should have sought permission from the original creator. While he couldn't confirm whether Hallelujah Voices had registered "Defe Defe" at the Copyright Office, he encouraged both parties to write to the Copyright Office for the matter to be resolved.
“Section 48 of the Copyright Act, 2008 (Act 690) provides for the settlement of disputes through mediation at the Copyright Office. Over the years, the Copyright Office has amicably resolved cases of this nature without the parties needing to go to court,” he stated.